The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) extends to the whole of the United Kingdom and introduced the offence of corporate manslaughter (known, in Scotland, as corporate homicide) on 6 April 2008. This Practice Note considers corporate manslaughter, rather than corporate homicide, as the two offences are treated slightly differently in some of the provisions of the CMCHA 2007.
On 6 April 2008, the common law offence of manslaughter by gross negligence was abolished in its application to organisations falling within the scope of the CMCHA 2007. However, any offence of manslaughter by gross negligence committed in whole or in part before that date by an organisation that would otherwise fall within the scope of the CMCHA 2007 is not affected by such abolition and may still be prosecuted under the common law.
It is possible for a charge of corporate manslaughter arising out of a particular set of circumstances and a charge of an offence under any health and safety legislation arising out of some or all of those circumstances to be brought, if the interests of justice so require. It is also possible for an organisation that has already been convicted of corporate manslaughter arising out of a particular set of circumstances to be, if the interests of justice so require, charged with an offence under any
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