Corporate Manslaughter and Corporate Homicide Act 2007
| Jurisdiction | UK Non-devolved |
causes a person's death, andamounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.a corporation;a department or other body listed in Schedule 1;a police force;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) .“relevant duty of care” has the meaning given by section 2, read with sections 3 to 7;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;the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, orthe actual managing or organising of the whole or a substantial part of those activities.corporate manslaughter, in so far as it is an offence under the law of England and Wales or Northern Ireland;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.a duty owed to its employees or to other persons working for the organisation or performing services for it;a duty owed as occupier of premises;the supply by the organisation of goods or services (whether for consideration or not) ,the carrying on by the organisation of any construction or maintenance operations,the carrying on by the organisation of any other activity on a commercial basis, orthe use or keeping by the organisation of any plant, vehicle or other thing;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.he is detained at a custodial institution or in a custody area at a courtF21, a police station or customs premises;he is detained in service custody premises;he is detained at a removal centreF40, a short-term holding facility or in pre-departure accommodation;he is being transported in a vehicle, or being held in any premises, in pursuance of prison escort arrangements or immigration escort arrangements;he is living in secure accommodation in which he has been placed;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.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;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—
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(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) ;
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(a) construction, installation, alteration, extension, improvement, repair, maintenance, decoration, cleaning, demolition or dismantling of—
- “custodial institution” means a prison, a young offender institution, a secure training centre, F42a secure college, a young offenders institution, a young offenders centre, a juvenile justice centre or a remand centre;
- F23“customs premises” means premises wholly or partly occupied by persons designated under section 3 (general customs officials) or 11 (customs revenue officials) of the Borders, Citizenship and Immigration Act 2009;
- “detained patient” means—
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(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”) ;
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(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
- (iii) article 11 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions)...
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(a) a person who is detained in any premises under—
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