Description
Book SynopsisThis new book provides a detailed guide to the Corporate Manslaughter Act 2007. It offers an accessible analysis of the new offence of corporate manslaughter, including its scope, extent, likely impact and interpretation.
Trade Review"It is an excellent analysis of what is proving to be a highly complex piece of legislation." Stephen O'Doherty, Crown Prosecution Service
Table of Contents1. Introduction: The Act, Its History, and the Common Law ; The Corporate Manslaughter and Corporate Homicide Act 2007 ; The Common Law ; Common Law Gross Negligence Manslaughter ; The Need for Reform ; History of the Act ; 2. The Offence and the Organizations Subject to the Act ; Overview ; The Offence ; Element 1: By an Organization Subject to the Act ; Element 2: The Organization Owed a Relevant Duty of Care to the Deceased ; Element 3: The Way in which the Organization's Activities are Managed or Organized: Causation and Breach ; 3. The Relevant Duty of Care I: A Question of Law Founded upon the Common Law of Negligence ; Overview ; Relevant Duty of Care: a Judicial Determination of Law and Fact ; The Existence of a Duty of Care in Negligence ; 4. The Relevant Duty of Care II: The Meaning and Categories of Relevant Duty of Care ; Overview ; Meaning of 'Relevant Duty of Care' ; Work, The Duty Owed to Employees and Other Workers: s 2 (1) (a) ; The Duty as an Occupier of Premises: s 2 (1) (b) ; Duties Owed 'In Connection with' Various Activities: s 2 (1) (c) ; The 'Custody' Duty of Care: s 2 (1) (d) ; 5. The Relevant Duty of Care III: The Exemptions in Sections 3-7 ; Overview ; Public Policy Decisions, Exclusively Public Functions, and Statutory Inspections ; Military Activities ; Policing and Law Enforcement ; Emergencies ; Child Protection and Probation Functions ; 6. Committing the Offence: Causation and Breach of Duty ; Overview ; Management Failure, Breach, and Senior Management ; The Way in which the Organization's Activities are Managed or Organized Caused the Death: s 1 (1) (a) ; 'The Way in which its Activites are Managed or Organised' Amounted to a Gross Breach of that Relevant Duty of Care: s 1 (1) (b) ; Gross Breach: the Jury Factors in s 8 ; The Senior Management Requirement ; 7. Sentence and Orders Upon Conviction ; Overview ; Sentence by way of Fine ; Remedial Orders and Publicity Orders ; 8. Investigation and Representation ; Overview ; The Investigation of Corporate Manslaughter ; Representation ; APPENDICES ; Appendix 1: Appendix 1 - The Corporate Manslaughter and Corporate Homicide Act 2007 ; Appendix 2: A Guide to the Corporate Manslaughter and Corporate Homicide Act 2007
