Dissertation Work: Corporate Manslaughter in the UK - page 4
Keywords: Corporate Manslaughter in the UK: Are there enough laws in place to say that the deaths are crimes and not accidents?
By artclub on 14/08/2010
Level: Master's degree (MA, MBA, MSc, MEng, MRes, MPhil etc)
Page Number: 4 of 44 pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44
in UK against corporate manslaughter. As the name itself suggests, corporate manslaughter has got a very wide implication and to bring it under one specific legislation though in all vantage points is not practical, the Corporate Manslaughter and Corporate Homicide Act, 2007 has been a receptive tread in the worldwide state of affairs of corporate manslaughter.
As a result of the Corporate Manslaughter and Corporate Homicide Act, 2007, which came into force on 6th April 2008, corporate manslaughter which is termed in Scottish as Corporate Homicide is made a statutory offence with wide penal consequences too. One important feature of the legislation is that there is no person legal responsibility under the novel legal framework as the crime of business cannot be committed by a person.
1.4 Incidental provisions and arguments relating to corporate criminal liability
Section 83 of the Criminal Justice Act 1925 makes available that a company may on indictment enter in inscription by its agent a plea of guilty or not guilty. The substantive legal framework was not on the other hand distorted by this stipulation. This section did not enlarge the ambit of a limited company’s criminal responsibility, but merely provided machinery for simplifying its enforcement .
The Health and Safety Offenses Act 2008 diminishes possibilities of injury and death in a workplace by providing scenarios and their ample punishments. The Management of Health and Safety Work Regulations 2006 lays down the principles for health as well as safety work set of laws for each and every business as well as associations. The Health and Safety at Work Act 1974 is a significant statutory section which covers up the work related protection as well as health of each and every person in the United Kingdom . In this particular Act, it is confirmed that the influence in addition to the primary construction of the government lies at the strict enforcement of the welfare, health as well as safety of the place of work in the United Kingdom.
An example of a case under the HSWA 1974 is the case of Osborne v Bill Taylor of Huyton Ltd, wherein the specific employers failed to implement a Safety Policy to its assigned employees. Since the employer operates around thirty one different betting shops with three employees for each shop, each without any notice for Safety Policy, the Court decided that the employer was indeed guilty of not ensuring the
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