Author : Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher : The Stationery Office
ISBN 13 : 0215026683
Total Pages : 124 pages
Book Rating : 4.2/5 (15 download)
Book Synopsis Draft Corporate Manslaughter Bill by : Great Britain: Parliament: House of Commons: Home Affairs Committee
Download or read book Draft Corporate Manslaughter Bill written by Great Britain: Parliament: House of Commons: Home Affairs Committee and published by The Stationery Office. This book was released on 2005-12-20 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: This joint report by the Home Affairs Committee and the Work and Pensions Committee examines the Government's proposals to reform the law on corporate manslaughter, as set out in the draft Bill (Cm 6497, ISBN 010164972X) published in March 2005 for consultation. The report supports the introduction of the draft Bill to address the need for a statutory offence to shift the basis of liability for corporate manslaughter away from the requirement of identifying a 'directing mind' of a guilty company, since this 'identification principle' has made prosecutions of large companies almost impossible under the current common law. Issues discussed include: the application of the offence of corporate manslaughter in relation to corporations, government departments and police forces; issue of causation; the law of negligence, relevant duty of care and contractual relationships; management failure, the role of senior managers and gross breach; the removal of Crown immunity; territorial application of the offence; corporate sanctions; individual liability for directors; powers of investigation and prosecution, including the requirement to obtain the consent of the Director of Public Prosecutions before a private prosecution can be brought; and cost issues.