Corporate Manslaughter Act

摘要

Corporate manslaughter (corporate homicide in Scotland) ceases to be a common law offence and becomes instead a statutory offence, in April 2008. It will means that the legal obstacles that have effectively prevented all bar the very small company from being successfully prosecuted in the past will be removed. On 6 March 1987 the Herald of Free Enterprise cross-channel ferry capsized with loss of 193 lives when the ship flooded as a consequence of the bow doors being left open. At the subsequent trial, P&O Ferries was found guilty under the Health & Safety at Work etc Act (HASWA) (Section 3)1 and was severely criticised by the court for the manner in which it was managed at a senior level. However, despite this outcome it proved impossible to progress an additional charge of corporate manslaughter, believed by many to reflect more accurately the seriousness of the lapses.