Corporate Manslaughter Act

Aims

The aim of this briefing is to review the implications of the Corporate Manslaughter and Homicide Act 2007 for organisation’s and their managers.

Objectives

At the end of the briefing delegates should be able to:

• Determine the extent of their duty of care under the Act
• Recognise the implications of the Act for their organisations
• Explain the importance of safety management systems in assessing liability
• Recognise the implications of the penalties imposed by the Act for organisations and individuals

Content

• The offence
  • The duty and the duty holder
  • Effect of common law
• The nature of the offence and establishing liabilities
  • The penalties
  • Fines, publicity orders and Court remedial orders
• The role of the jury
  • Establishing guilt
• The role of senior management
  • Management performance leading to liability
  • The role of Safety management systems
• The relationship with other health and safety legislation
  • Relevance of Health and Safety at Work etc Act 1974
  • Continued personal liabilities under that Act

Relationship between the new Act and existing provisions for manslaughter