Criminal Law Legislation Update
| Date | 01 December 2007 |
| Published date | 01 December 2007 |
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2007.71.6.478 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Primary legislation
The Mental Health Act 2007 was given Royal Assent on 19 July 2007.
The 2007 Act amends the Mental Health Act 1983, which is the legis-
lation governing the compulsory treatment of certain people who have
a mental disorder. The Mental Health Act 2007 also amends the Mental
Capacity Act 2005 and extends the rights of victims by amending the
Domestic Violence, Crime and Victims Act 2004. The Mental Health Act
2007 further provides for people with serious mental disorders, which
threaten their health or safety or the safety of the public, to be treated
irrespective of their consent where it is necessary to prevent them from
harming themselves or others.
The Corporate Manslaughter and Corporate Homicide Act 2007 was
given Royal Assent on 26 July 2007. It creates an offence where an
organisation, because of the way its activities are managed or organised
causes a person’s death, and amounts to a gross breach of a relevant duty
of care owed by the organisation to the deceased. The Act does not
create criminal liability for individuals. What is a relevant duty of care is
set out in s. 2. Whether a particular organisation owes a duty of care to
a particular individual is a question of law for the judge. The judge must
make any findings of fact necessary to decide that question. A duty of
care can be owed to persons detained at a custodial institution, including
any type of youth offender institution, or to persons placed in secure
accommodation or detained patients. A duty can also apply to persons
detained in a custody area at a court or police station; persons detained
at a removal centre or short-term holding facility; or to persons being
transported in a vehicle, or being held in any premises, in pursuance of
prison escort arrangements or immigration escort arrangements.
The Offender Management Act 2007 was given Royal Assent on
26 July 2007. Further commentary on all of these Acts will be provided
when they or any of their Parts are brought into force.
Statutory instruments
The Extradition Act 2003 (Amendment to Designations) Order 2007
(SI 2007 No. 2238) was made on 26 July 2007 and came into force on
* As at 31 August 2007.
†Of King’s Inns (Dublin) and Gray’s Inn (London); e-mail: laurajmcgowan@gmail.com.
478
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