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This Blackstone's Guide provides the complete text of the UK Corporate Manslaughter Act together with an informed commentary on its probable interpretation and impact.The existing laws on corporate manslaughter have been widely criticized. They are regarded as failing to provide clear, effective offences which enable companies and other organizations to be held accountable for gross failings which have fatal consequences. The Corporate Manslaughter Act aims to reform and clarify this area, most notably by creating a new, specific offence of 'corporate manslaughter' - an organization, government department, or other Crown body will be prosecuted for this if a gross failing by its senior managers to take reasonable care for the safety of their workers or members of the public were to cause a person's death. This new offence combines a number of previously-established concepts such as liability arising through the breach of duty of care owed by operation of the law of negligence, with novel elements such as the requirement for the jury in any trial to consider whether the defendant 'failed to comply with any relevant health and safety legislation or guidance', and the partial removal of Crown immunity.This Guide analyses and comments upon the interpretation of the established concepts, and offers a reasoned account of the likely interpretation of the novel elements, relating both to criminal and health and safety law as a whole.
This guide investigates the legal implications and practical application of the Corporate Manslaughter and Corporate Homicide Act 2007 in the United Kingdom. Richard Matthews provides a comprehensive analysis of the legislation, examining how the Act addresses previous failures in holding organizations accountable for fatal gross negligence. The text serves as a bridge between established negligence law and the novel statutory requirements introduced by the Act, offering a framework for legal practitioners to interpret the new offense of corporate manslaughter.
What You Will Find
Legal professionals and scholars recognize this guide as a primary resource for understanding the immediate legislative intent behind the 2007 Act. Readers frequently note the clarity of the commentary, which effectively contextualizes complex statutory language for those navigating the early implementation of these corporate liability standards.
Page Count:
300
Publication Date:
2008-04-15
Publisher:
Blackstone Press
ISBN-10:
0199203210
ISBN-13:
9780199203215
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