Corporate Manslaughter

6 April 2008 – Corporate Manslaughter was brought into law.

Corporate Homicide Act 2007 merged with Corporate Manslaughter Act.

A senior individual of the company has to be responsible for the decision involving a death (known as the identification principle).

The following needs to be proved:

• the defendant is a qualifying organisation;
• the organisation causes a person’s death;
• there was a relevant duty of care owed by the      organisation to the deceased;
• there was a gross breach of that duty;
• a substantial element of that breach was in the way      those activities were managed or organised by senior management;      and
• the defendant must not fall within one of the exemptions      for prosecution under the Act.

The Highways Authority has a duty to maintain roads – section 41 Highways Act 1980 – the failure to do so does not give rise to a duty of care to a motorist in negligence.