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Key
Sections from Manslaughter Bill
The
Offence - section 1(1)
| (1) |
An
organisation …. is guilty of the offence
of corporate manslaughter if the way in which
any of the organisation’s activities are
managed or organised by its senior managers –
| (a) |
causes
a person’s death, and |
| (b) |
amounts
to a gross breach of a relevant duty of
care owed by the organisation to the deceased |
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Who
is a Senior Manager – section 2
A
person is a “senior manager” of an organisation
if he plays a significant role in –
| (a) |
the making of decisions about how the whole
or a substantial part of the its activities
are to be managed or organized, or |
| (b) |
the
actual managing or organizing of the whole
or a substantial part of those activities |
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What is a “Gross Breach” – section
3(1) and (2)
| (1)
|
A
breach of a duty of care by an organisation is
a ’gross’ breach if the failure in question
constitutes conduct falling far below what can
reasonably be expected of the organisation in
the circumstances. |
| (2) |
In
deciding that question the jury must consider
whether the evidence shows that the organisation
failed to comply with any relevant health and
safety legislation or guidance, and if so –
| (a) |
how serious was the failure to comply; |
| (b) |
whether
or not serious managers of the organisation
–
| (i) |
knew,
or ought to have known, that the organisation
was failing to comply with that legislation
or guidance; |
| (ii) |
were
aware, or ought to have been aware,
of the risk of death or serious harm
posed by the failure to comply; |
| (iii) |
sought
to cause the organisation to profit
from that failure. |
|
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What
is a relevant duty of care? – section 4(1) and
(2)
| (1) |
A
“relevant duty of care” in relation
to an organisation means a duty owed under the
law of negligence by the organisation –
| (a) |
to its employees as such. |
| (b) |
in its capacity as occupier of land, or |
| (c) |
in connection with –
| (i) |
the
supply by the organisation of goods
or services, … or |
| (ii) |
the
carrying on by the organisation of
any other activity on a commercial
basis,
otherwise than in the exercise of
an exclusively public function |
|
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| (2) |
An
organisation that is a public authority does not
owe a duty of care for the purposes of this Act
in respect of a decision as to matters of public
policy (including in particular the allocation
of public resources or the weighing of competing
public interests). |
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