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The Government recently published a draft Bill to introduce a new offence of corporate manslaughter. The draft Bill sets out proposals designed to tackle the difficulties that currently arise when prosecuting large corporations for the offence of manslaughter.
The draft Bill will create a specific criminal offence of corporate manslaughter to target gross failings by senior management of organisations leading to fatal consequences. The Government's aim is to focus on wider management failings within organisations. At present, liability hinges on the conduct of one individual at the very top of a company.
The new offence would cover deaths at work and would be linked to existing health and safety legislations. The Government has indicated that the Bill is intended to target corporate liability only.
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© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.