Corporate manslaughter Flashcards
What are the elements of corporate manslaughter?
- the defendant is a qualifying organisation
- the organisation causes a person’s death
- duty of care owed by the organisation to the deceased
- there was a gross breach of that duty
- a substantial element of that breach was in the way those activities were managed or organised by senior management
- the defendant does not fall within one of the exemptions for prosecution
- Who does this act apply to?
Organisations such as corporations, partnerships, police force, NHS, Trade Unions, government departments
- Can individuals be charged with corporate manslaughter?
No and these actions would be covered under gross negligence manslaughter
- What manslaughter has the same principle?
Gross negligence. Such as it must be the substantial cause of death and more than trivial
- What principles apply to duty of care?
The same ones under the law of negligence apply such as the neighbour test.
- Where should the breach fall?
Far below what could reasonably be expected of the organisation in the circumstances
- What must the breach that causes death be?
A senior management failure
- Why is foreseeability of risk not considered?
As an organisation does not have the capability to foresee risk
- What can a jury consider?
The attitudes, policies, systems or accepted practices that were likely to have encouraged the breach
Define senior management
‘Those persons who play a significant role in the management of the whole, or a substantial part of the organisation’s activities’
Who is not considered under the act?
Junior employees
How is a member of senior management determined?
On the nature and scale of an organisation’s activities
Who is exempt from the legislation?
Armed forces operations, essential hazardous training related to police operations
