Criminal Ws4&5 Corporate Manslaughter

Front 1

CMCHA07, 1(2), qualifying organisation

Back 1

- a corporation
- a department or other body in Sch 1
- a police force
- a partnership,trade union or employer's association that is an employer

Front 2

CMCHA07, s2(1), relevant duty

Back 2

A relevant duty means any following duty owed under a law of negligence:
- Employees/others working for the organisation
- Duty as occupier
- Duty in connection with:
- Supply by O of goods/services
- Work by O in construction/maintenance
- Any other commercial activity by O
- Use or keeping by O of plant, vehicle or other thing
- Anyone else for whose safety the O is responsible

Front 3

CMCHA07, s1(4)(b)

Back 3

 A breach is “gross” if the conduct falls far below what can reasonably be expected of the organisation in the circumstances

Front 4

CMCHA07, s8

Back 4

- serious the failure was
- How much of a risk of death
- Attitudes, policies or accepted practices
- any H&S guidance related to breach
Jury can consider anything else too

Front 5

Level of failure required

Back 5

S1(3)
Need failure at senior level be substantial part of breach

Front 6

A senior manager is...

Back 6

1(4)(c)
- Decisions about organising large part
- Actually organising large part

Front 7

Examples of management failure

Back 7

- Poor training
- Procedures not followed
- Poor operational
- Failure health and safety systems

Front 8

Health and Safety at Work Act 1974, s2(1)

Back 8

Employers, so far as is practicable, are required to ensure H&S at work of all employees

Front 9

Health and Safety at Work Act 1974, s3

Back 9

Employers and the self-employed should work in such a way as not to risk those not in their employment

Front 10

Aggravation/mitigation of fines

Back 10

Sentencing Guidelines Council 2010
- Seriousness (foreseeable injury, isolated or endemic)
- Aggravating (e.g. unremedied near miss) and mitigating (promptly accept responsibility)
- Size and circumstances of D; not only turnover but assets
- Effect of punishment on innocent employees; in extreme cases you can fine them out of business

Front 11

s10 publicity order

Back 11

- Details of the offence, conviction, fines, and remedial orders made
- Failure to comply means yet more fines

Front 12

CMCHA07, s20

Back 12

Common law manslaughter by gross negligence by corporations is abolished

Front 13

Company Directors Disqualification Act 1986, s2

Back 13

Disqualification as director
- If convicted of indictable offence relating to how company managed, court can make a disqualification order

Front 14

CMCHA07, s18

Back 14

Conviction as accomplice is not possible