Discuss briefly the Corporate Manslaughter and Corporate Homicide Act, 2007 of the United Kingdom.
CS Professional · Ethics, Governance and Sustainability · PYQS · December 2019
Discuss briefly the Corporate Manslaughter and Corporate Homicide Act, 2007 of the United Kingdom.
Answer & Explanation:
In the United Kingdom, the Corporate Manslaughter and Corporate Homicide Act introduced a new offence, across the UK, for prosecuting companies and other organisations where there has been a gross failing, throughout the organisation, in the management of health and safety measures having fatal consequences. Under the Corporate Manslaughter and Corporate Homicide Act, 2007 an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the person who died. A substantial part of the breach must have been in the way activities were organised by senior management. The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations could be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of the duty of care. The Act, which came into force in year 2008, clarifies the criminal liabilities of companies, including large organisations, where serious failures on the part of the management regarding caring about their men's health and safety measures that led to fatal consequences. Prosecutions will be, of the corporate body, and not of the individuals, but the liability of directors, board members or other individuals under health and safety law or general criminal law, will remain unaffected. Nevertheless, the corporate body and individuals can still be prosecuted separately for committing health and safety offences. Companies and organisations have to keep their health and safety management systems under constant review, particularly the way in which their activities are managed and organised by their senior management.
Topics: Corporate Governance
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