Corporate Manslaughter And Corporate Homicide Act 2007

Question 1

What does Corporate Manslaughter and Corporate Homicide Act 2007
Mean

Answer 1

as a result of serious management failures resulting in a gross breach of a duty of care, companies and organisations can be found guilty of corporate manslaughter.

Question 2

Sanctions for breaches of the

CMCHA

Answer 2

Unlimited fines, publicity orders and remedial orders

Fines seldom less than 500.000 and excess
OF millions

Question 3

How to prove guilt in corporate manslaughter

Answer 3

…it must be committed by an organisation, not an individual

…requires a breach of duty of care under the law of negligence

…requires that the breach is a gross breach

…death must be shown to have been caused by the gross breach of duty

…requires that a substantial element in the breach is the way in which the organisation’s activities are managed or organised by its senior management.

Question 4

CMCHA public orders implications

Answer 4

Designed to punish larger corporations that a fine would have a lesser impact

Question 5

CMCHA Remedial Orders

Answer 5

Remedial orders, require the organisation to address the cause of a fatal injury
An order may require an organisation to supply details of compliance to the regulatory body.
Any organisation that fails to take the action set out in the order can be prosecuted for failure to do so.