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
What is the sentencing?
Unlimited fines, remedial order, publicity order
