Corporate manslaughter:a guide for fire authorities

摘要

This month, a new corporaternmanslaughter law finally finds its way onto the statute book. The new offence applies to companies and organisations in both the private and public sectors - including government departments and fire authorities.rnThe new law is not reliant on an individual (or 'directing mind') being found guilty of gross negligence but instead focuses on senior management and the way in which they undertake the activities of the organisation. The law is aimed at creating a more effective and straightforward method of prosecuting organisations where deaths occur due to gross negligence.rnThe new offence applies in circumstances where the organisation owes a duty of care to the victim under the law of negligence. These duties include those owed to employees, as an occupier of premises, in using or keeping plant and vehicles and in the supply of goods or services.rnThe new law stipulates that a gross breach of the relevant duty of care must lie in the way senior management managed or organised activities if an organisation is to be guilty of corporate manslaughter-in other words, there needs to be a clear management failure, and this needs to be proved, for a conviction of corporate manslaughter to follow.