Corporate Manslaughter and Corporate Homicide Act 2007: chapter 19 explanatory notes

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Corporate Author:

Great Britain

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TSO (The Stationery Office)

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This Act makes provision for a new offence of corporate manslaughter (or corporate homicide in Scotland). It builds on the key aspects of the common law offence of gross negligence manslaughter but does not require the identification of a 'directing mind'. Section 1 defines the offence and the sort of organisations to which it will apply. Sections 2-7 identify the activities covered by the offence and the public bodies to which the offence will not apply. Section 8 outlines factors for the jury to consider when assessing an organisations culpability. Sections 9 and 9 make provision for remedial orders and publicity orders. Sections 11 to 13 deal with the application to the Crown and police forces. Section14 accomodates partnerships. Section 15 makes further provision for the application to Crown bodies and Section 15 sets out liability following changes in the machinery of government.