Axel Thoms UK
www.axelthoms.com / Axel Thoms chutes
It makes very interesting reading that of the Corporate Manslaughter Act, in that, if we are senior managers or have a responsibility under the duty of care....Be warned!
Ignorance of the law is not a defence.....
We may have to take a proportionate part of the blame.....
That could mean JAIL..............
Corporate Manslaughter and
Corporate Homicide Act 2007
2007 CHAPTER 19
1 The offence
(1) An organisation to which this section applies is guilty of an offence if the way
in which its activities are managed or organised—
(a) causes a person’s death, and
(b) amounts to a gross breach of a relevant duty of care owed by the
organisation to the deceased.
(2) The organisations to which this section applies are—
(a) a corporation;
(b) a department or other body listed in Schedule 1;
(c) a police force;
(d) a partnership, or a trade union or employers’ association, that is an
employer.
(3) An organisation is guilty of an offence under this section only if the way in
which its activities are managed or organised by its senior management is a
substantial element in the breach referred to in subsection (1).
B
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
(4) For the purposes of this Act—
(a) “relevant duty of care” has the meaning given by section 2, read with
sections 3 to 7;
(b) a breach of a duty of care by an organisation is a “gross” breach if the
conduct alleged to amount to a breach of that duty falls far below what
can reasonably be expected of the organisation in the circumstances;
(c) “senior management”, in relation to an organisation, means the persons
who play significant roles in—
(i) the making of decisions about how the whole or a substantial
part of its activities are to be managed or organised, or
(ii) the actual managing or organising of the whole or a substantial
part of those activities.
(5) The offence under this section is called—
(a) corporate manslaughter, in so far as it is an offence under the law of
England and Wales or Northern Ireland;
(b) corporate homicide, in so far as it is an offence under the law of
Scotland.
(6) An organisation that is guilty of corporate manslaughter or corporate homicide
is liable on conviction on indictment to a fine.
(7) The offence of corporate homicide is indictable only in the High Court of
Justiciary.
Relevant duty of care
2 Meaning of “relevant duty of care”
(1) A “relevant duty of care”, in relation to an organisation, means any of the
following duties owed by it under the law of negligence—
(a) a duty owed to its employees or to other persons working for the
organisation or performing services for it;
(b) a duty owed as occupier of premises;
(c) a duty owed in connection with—
(i) the supply by the organisation of goods or services (whether for
consideration or not),
(ii) the carrying on by the organisation of any construction or
maintenance operations,
(iii) the carrying on by the organisation of any other activity on a
commercial basis, or
(iv) the use or keeping by the organisation of any plant, vehicle or
other thing;
(d) a duty owed to a person who, by reason of being a person within
subsection (2), is someone for whose safety the organisation is
responsible.
(2) A person is within this subsection if—
(a) he is detained at a custodial institution or in a custody area at a court or
police station;
(b) he is detained at a removal centre or short-term holding facility;
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) 3
(c) he is being transported in a vehicle, or being held in any premises, in
pursuance of prison escort arrangements or immigration escort
arrangements;
(d) he is living in secure accommodation in which he has been placed;
(e) he is a detained patient.
(3) Subsection (1) is subject to sections 3 to 7.
(4) A reference in subsection (1) to a duty owed under the law of negligence
includes a reference to a duty that would be owed under the law of negligence
but for any statutory provision under which liability is imposed in place of
liability under that law.
(5) For the purposes of this Act, whether a particular organisation owes a duty of
care to a particular individual is a question of law.
The judge must make any findings of fact necessary to decide that question.
(6) For the purposes of this Act there is to be disregarded—
(a) any rule of the common law that has the effect of preventing a duty of
care from being owed by one person to another by reason of the fact
that they are jointly engaged in unlawful conduct;
(b) any such rule that has the effect of preventing a duty of care from being
owed to a person by reason of his acceptance of a risk of harm.
(7) In this section—
“construction or maintenance operations” means operations of any of the
following descriptions—
(a) construction, installation, alteration, extension, improvement,
repair, maintenance, decoration, cleaning, demolition or
dismantling of—
(i) any building or structure,
(ii) anything else that forms, or is to form, part of the land,
or
(iii) any plant, vehicle or other thing;
(b) operations that form an integral part of, or are preparatory to,
or are for rendering complete, any operations within paragraph
(a);
“custodial institution” means a prison, a young offender institution, a
secure training centre, a young offenders institution, a young offenders
centre, a juvenile justice centre or a remand centre;
“detained patient” means—
(a) a person who is detained in any premises under—
(i) Part 2 or 3 of the Mental Health Act 1983 (c. 20) (“the
1983 Act”), or
(ii) Part 2 or 3 of the Mental Health (Northern Ireland)
Order 1986 (S.I. 1986/595 (N.I. 4)) (“the 1986 Order”);
(b) a person who (otherwise than by reason of being detained as
mentioned in paragraph (a)) is deemed to be in legal custody
by—
(i) section 137 of the 1983 Act,
(ii) Article 131 of the 1986 Order, or
Corporate M 4 anslaughter and Corporate Homicide Act 2007 (c. 19)
(iii) article 11 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (Consequential Provisions) Order
2005 (S.I. 2005/2078);
(c) a person who is detained in any premises, or is otherwise in
custody, under the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13) or Part 6 of the Criminal Procedure
(Scotland) Act 1995 (c. 46) or who is detained in a hospital under
section 200 of that Act of 1995;
“immigration escort arrangements” means arrangements made under
section 156 of the Immigration and Asylum Act 1999 (c. 33);
“the law of negligence” includes—
(a) in relation to England and Wales, the Occupiers’ Liability Act
1957 (c. 31), the Defective Premises Act 1972 (c. 35) and the
Occupiers’ Liability Act 1984 (c. 3);
(b) in relation to Scotland, the Occupiers’ Liability (Scotland) Act
1960 (c. 30);
(c) in relation to Northern Ireland, the Occupiers’ Liability Act
(Northern Ireland) 1957 (c. 25), the Defective Premises
(Northern Ireland) Order 1975 (S.I. 1975/1039 (N.I. 9)), the
Occupiers’ Liability (Northern Ireland) Order 1987 (S.I. 1987/
1280 (N.I. 15)) and the Defective Premises (Landlord’s Liability)
Act (Northern Ireland) 2001 (c. 10);
“prison escort arrangements” means arrangements made under section 80
of the Criminal Justice Act 1991 (c. 53) or under section 102 or 118 of the
Criminal Justice and Public Order Act 1994 (c. 33);
“removal centre” and “short-term holding facility” have the meaning
given by section 147 of the Immigration and Asylum Act 1999;
“secure accommodation” means accommodation, not consisting of or
forming part of a custodial institution, provided for the purpose of
restricting the liberty of persons under the age of 18.
We at axel Thoms UK are not professionals of the law, or either want to preach the law. However under our duty of care, we feel we must alert all persons to this section of the Act. It may or may not be relevant. It may however give us the chance to establish links with you now or in the future and maybe develop a working relationship.
We will be running certain awareness training and have specialised and researched products available.
Axel Thoms UK – “a worldwide product saving local lives”
www.axelthoms.com / Axel Thoms chutes
It makes very interesting reading that of the Corporate Manslaughter Act, in that, if we are senior managers or have a responsibility under the duty of care....Be warned!
Ignorance of the law is not a defence.....
We may have to take a proportionate part of the blame.....
That could mean JAIL..............
Corporate Manslaughter and
Corporate Homicide Act 2007
2007 CHAPTER 19
1 The offence
(1) An organisation to which this section applies is guilty of an offence if the way
in which its activities are managed or organised—
(a) causes a person’s death, and
(b) amounts to a gross breach of a relevant duty of care owed by the
organisation to the deceased.
(2) The organisations to which this section applies are—
(a) a corporation;
(b) a department or other body listed in Schedule 1;
(c) a police force;
(d) a partnership, or a trade union or employers’ association, that is an
employer.
(3) An organisation is guilty of an offence under this section only if the way in
which its activities are managed or organised by its senior management is a
substantial element in the breach referred to in subsection (1).
B
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
(4) For the purposes of this Act—
(a) “relevant duty of care” has the meaning given by section 2, read with
sections 3 to 7;
(b) a breach of a duty of care by an organisation is a “gross” breach if the
conduct alleged to amount to a breach of that duty falls far below what
can reasonably be expected of the organisation in the circumstances;
(c) “senior management”, in relation to an organisation, means the persons
who play significant roles in—
(i) the making of decisions about how the whole or a substantial
part of its activities are to be managed or organised, or
(ii) the actual managing or organising of the whole or a substantial
part of those activities.
(5) The offence under this section is called—
(a) corporate manslaughter, in so far as it is an offence under the law of
England and Wales or Northern Ireland;
(b) corporate homicide, in so far as it is an offence under the law of
Scotland.
(6) An organisation that is guilty of corporate manslaughter or corporate homicide
is liable on conviction on indictment to a fine.
(7) The offence of corporate homicide is indictable only in the High Court of
Justiciary.
Relevant duty of care
2 Meaning of “relevant duty of care”
(1) A “relevant duty of care”, in relation to an organisation, means any of the
following duties owed by it under the law of negligence—
(a) a duty owed to its employees or to other persons working for the
organisation or performing services for it;
(b) a duty owed as occupier of premises;
(c) a duty owed in connection with—
(i) the supply by the organisation of goods or services (whether for
consideration or not),
(ii) the carrying on by the organisation of any construction or
maintenance operations,
(iii) the carrying on by the organisation of any other activity on a
commercial basis, or
(iv) the use or keeping by the organisation of any plant, vehicle or
other thing;
(d) a duty owed to a person who, by reason of being a person within
subsection (2), is someone for whose safety the organisation is
responsible.
(2) A person is within this subsection if—
(a) he is detained at a custodial institution or in a custody area at a court or
police station;
(b) he is detained at a removal centre or short-term holding facility;
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) 3
(c) he is being transported in a vehicle, or being held in any premises, in
pursuance of prison escort arrangements or immigration escort
arrangements;
(d) he is living in secure accommodation in which he has been placed;
(e) he is a detained patient.
(3) Subsection (1) is subject to sections 3 to 7.
(4) A reference in subsection (1) to a duty owed under the law of negligence
includes a reference to a duty that would be owed under the law of negligence
but for any statutory provision under which liability is imposed in place of
liability under that law.
(5) For the purposes of this Act, whether a particular organisation owes a duty of
care to a particular individual is a question of law.
The judge must make any findings of fact necessary to decide that question.
(6) For the purposes of this Act there is to be disregarded—
(a) any rule of the common law that has the effect of preventing a duty of
care from being owed by one person to another by reason of the fact
that they are jointly engaged in unlawful conduct;
(b) any such rule that has the effect of preventing a duty of care from being
owed to a person by reason of his acceptance of a risk of harm.
(7) In this section—
“construction or maintenance operations” means operations of any of the
following descriptions—
(a) construction, installation, alteration, extension, improvement,
repair, maintenance, decoration, cleaning, demolition or
dismantling of—
(i) any building or structure,
(ii) anything else that forms, or is to form, part of the land,
or
(iii) any plant, vehicle or other thing;
(b) operations that form an integral part of, or are preparatory to,
or are for rendering complete, any operations within paragraph
(a);
“custodial institution” means a prison, a young offender institution, a
secure training centre, a young offenders institution, a young offenders
centre, a juvenile justice centre or a remand centre;
“detained patient” means—
(a) a person who is detained in any premises under—
(i) Part 2 or 3 of the Mental Health Act 1983 (c. 20) (“the
1983 Act”), or
(ii) Part 2 or 3 of the Mental Health (Northern Ireland)
Order 1986 (S.I. 1986/595 (N.I. 4)) (“the 1986 Order”);
(b) a person who (otherwise than by reason of being detained as
mentioned in paragraph (a)) is deemed to be in legal custody
by—
(i) section 137 of the 1983 Act,
(ii) Article 131 of the 1986 Order, or
Corporate M 4 anslaughter and Corporate Homicide Act 2007 (c. 19)
(iii) article 11 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (Consequential Provisions) Order
2005 (S.I. 2005/2078);
(c) a person who is detained in any premises, or is otherwise in
custody, under the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13) or Part 6 of the Criminal Procedure
(Scotland) Act 1995 (c. 46) or who is detained in a hospital under
section 200 of that Act of 1995;
“immigration escort arrangements” means arrangements made under
section 156 of the Immigration and Asylum Act 1999 (c. 33);
“the law of negligence” includes—
(a) in relation to England and Wales, the Occupiers’ Liability Act
1957 (c. 31), the Defective Premises Act 1972 (c. 35) and the
Occupiers’ Liability Act 1984 (c. 3);
(b) in relation to Scotland, the Occupiers’ Liability (Scotland) Act
1960 (c. 30);
(c) in relation to Northern Ireland, the Occupiers’ Liability Act
(Northern Ireland) 1957 (c. 25), the Defective Premises
(Northern Ireland) Order 1975 (S.I. 1975/1039 (N.I. 9)), the
Occupiers’ Liability (Northern Ireland) Order 1987 (S.I. 1987/
1280 (N.I. 15)) and the Defective Premises (Landlord’s Liability)
Act (Northern Ireland) 2001 (c. 10);
“prison escort arrangements” means arrangements made under section 80
of the Criminal Justice Act 1991 (c. 53) or under section 102 or 118 of the
Criminal Justice and Public Order Act 1994 (c. 33);
“removal centre” and “short-term holding facility” have the meaning
given by section 147 of the Immigration and Asylum Act 1999;
“secure accommodation” means accommodation, not consisting of or
forming part of a custodial institution, provided for the purpose of
restricting the liberty of persons under the age of 18.
We at axel Thoms UK are not professionals of the law, or either want to preach the law. However under our duty of care, we feel we must alert all persons to this section of the Act. It may or may not be relevant. It may however give us the chance to establish links with you now or in the future and maybe develop a working relationship.
We will be running certain awareness training and have specialised and researched products available.
Axel Thoms UK – “a worldwide product saving local lives”
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