Safety charity issues guidance for new Act, which begins to apply after April 6, 2008

The Centre for Corporate Accountability has published a guide to the new Corporate Manslaughter and Corporate Homicide Act 2007 which begins to apply after April 6 2008.

Specifically, the 80 page Guidance addresses the following questions:

• what kinds of organisations can commit this offence?

• will the offence apply to non-UK organisations?

• why ‘retrospective’ clauses will mean that prosecution will not take place even though the legal test has been met?

• will the offence apply to deaths outside the UK?

• what kinds of ‘management failures’ can be subject to prosecution?

• how serious does the management failure have to be?

• what link there needs to be between the management failure and the organisation’s senior mangement?

• what factors a jury need to consider when determining whether the conduct of the organisation is ‘gross’?

• what will happen to convicted organisations?

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