Vol. 1, Issue 38a (Dec 07) Corporate Manslaughter and Corporate Homicide Act (CMCHA)

Legislation comes into effect April 2008, it provides a new offence of Corporate Manslaughter (Corporate Homicide in Scotland) where an organisation’s gross negligence has led to the death of an employee or member of the public.

The Offence.

The CMCHA it is to be levied against an organisation to which it could be relevant, it could be guilty of an offence, if the way in which the activities are managed or organised causes a person’s death, and
amounts to a gross breach of a “relevant duty of care” owed by the organisation to the deceased. The organisations to which the CMCHA applies are a corporation, a department or other body (generally
government departments), a police force, a partnership, a trade union or employers’
association, that is an employer.

[Download the full article News Brief Vol. 1, Issue 38a (PDF)]

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