New Legislation From 2008
A Corporate Manslaughter and Corporate Homicide Bill was introduced to the House of Commons by Home Secretary John Reid on 20 July 2006 to create new offences of corporate manslaughter, in England and Wales, and corporate homicide, in Scotland. Originally, the Bill proposed that the offence would require a company's or organisation's activities to be so managed or organised by its senior managers as to cause a person's death, and to amount to a "gross breach" of a duty of care owed to the deceased. The requirement for the failure of management or organisation to have been "by its senior managers" was dropped in Standing Committee. The Bill also sought to abolish the common law offence of manslaughter by gross negligence so far as it applies to corporations. A juristic person cannot be imprisoned, but the penalty would be an unlimited fine as for the existing common law offence. The Bill received royal assent on 26 July 2007, becoming the Corporate Manslaughter and Corporate Homicide Act 2007. The Act came into force on 6 April 2008. On 15 November 2007, the Sentencing Guidelines Council issued a consultative document recommending a starting point of a fine of 5% of turnover for a first offence with a not guilty plea, rising to 10% of turnover.
Read more about this topic: Corporate Manslaughter In English Law
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