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?