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Corporate Homicide Bill

This is the text of the Corporate Homicide Bill, as presented to the House of Commons on 18th April 2000.

 
 
  
Corporate Homicide Bill
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.Corporate killing.
2.Corporate killing by an officer.
3.Remedial orders against convicted corporation or officer.
4.Supplementary.
5.Interpretation.
6.Commencement and saving.
7.Short title and extent.
 

 

 
 
A

B I L L

TO

Create a new offence of corporate killing to replace the offence of manslaughter in certain cases where death is caused without the intention of causing death or serious injury.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Corporate killing.     1. - (1) A corporation is guilty of corporate killing if-
 
 
    (a) a management failure by the corporation is the cause or one of the causes of a person's death; and
 
    (b) that failure constitutes conduct falling far below what can reasonably be expected of the corporation in the circumstances.
      (2) For the purposes of subsection (1) above-
 
 
    (a) there is a management failure by a corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in or affected by those activities; and
 
    (b) such a failure may be regarded as a cause of a person's death notwithstanding that the immediate cause is the act or omission of an individual.
      (3) A corporation guilty of an offence under this section is liable on conviction on indictment to a fine.
 
      (4) No individual shall be convicted of aiding, abetting, counselling or procuring an offence under this section but without prejudice to an individual being guilty of any other offence in respect of the death in question.
 
Corporate killing by an officer.     2. - (1) An officer of a corporation is guilty of corporate killing if-
 
 
    (a) a management failure by the corporation is the cause or one of the causes of a person's death; and
 
    (b) that failure constitutes conduct falling far below what can reasonably be expected of the corporation in the circumstances.
      (2) For the purposes of subsection (1) above-
 
 
    (a) there is a management failure by a corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in or affected by those activities; and
 
    (b) such a failure may be regarded as a cause of a person's death notwithstanding that the immediate cause is the act or omission of an individual.
      (3) An officer guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment or both.
 
      (4) No individual shall be convicted of aiding, abetting, counselling or procuring an offence under this section but without prejudice to an individual being guilty of any other offence in respect of the death in question.
 
      (5) This section does not preclude an officer being guilty of murder or manslaughter.
 
Remedial orders against convicted corporation or officer.     3. - (1) A court before which a corporation or officer is convicted of corporate killing may, subject to subsection (2) below, order the corporation or officer or both to take such steps, within such time, as the order specifies for remedying the failure in question and any matter which appears to the court to have resulted from the failure and been the cause or one of the causes of the death.
 
      (2) No such order shall be made except on an application by the prosecution specifying the terms of the proposed order; and the order, if any, made by the court shall be on such terms (whether those proposed or others) as the court considers appropriate having regard to any representations made, and any evidence adduced, in relation to that matter by the prosecution or on behalf of the corporation or officer.
 
      (3) In subsection (2) above references to the prosecution include references to-
 
 
    (a) the Health and Safety Executive,
 
    (b) the Crown Prosecution Service, and
 
    (c) any other body or person designated for the purposes of that subsection by the Secretary of State either generally or in relation to the case in question.
      (4) The time specified by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of that time or extended time, as the case may be.
 
      (5) A corporation which fails to comply with an order under this section is guilty of an offence and liable-
 
 
    (a) on conviction on indictment, to a fine;
 
    (b) on summary conviction, to a fine not exceeding £20,000.
      (6) An officer who fails to comply with an order under this section is guilty of an offence and liable-
 
 
    (a) on conviction on indictment, to a fine or imprisonment or both;
 
    (b) on summary conviction, to a fine not exceeding £20,000.
      (7) Where an order is made against a corporation under this section it shall not be liable under any of the provisions mentioned in subsection (8) below by reason of anything which the order requires it to remedy in so far as it continues during the time specified by the order or any further time allowed under subsection (4) above.
 
      (8) The provisions referred to in subsection (7) above are-
 
 
    (a) section 1 above;
 
    (b) the provisions of Part I of the Health and Safety at Work etc. Act 1974;
 
    (c) the provisions of any regulations made under section 15(1) of that Act;
 
    (d) the existing statutory provisions as defined in section 53(1) of that Act.
Supplementary.     4. - (1) Sections 1 and 2 apply if the injury resulting in death is sustained in England and Wales or-
 
 
    (a) within the seaward limits of the territorial sea adjacent to the United Kingdom;
 
    (b) on a British ship or vessel;
 
    (c) on a British-controlled aircraft as defined in section 92 of the Civil Aviation Act 1982; or
 
    (d) in any place to which an Order in Council under section 22(1) of the Oil and Gas (Enterprise) Act 1982 applies (criminal jurisdiction in relation to offchore activities).
      (2) For the purposes of subsection (1)(b) and (c) above an injury sustained on a ship, vessel or aircraft shall be treated as including an injury sustained by a person who is then no longer on board, and who sustains the injury, in consequence of the wrecking of, or of some other mishap affecting, the ship, vessel or aircraft.
 
Interpretation.     5. In this Act-
 
 
    "a corporation" does not include a corporation sole but includes any body corporate wherever incorporated;
 
    "injury" means-
 
      (a) physical injury, including pain, unconsciousness or other impairment of a person's physical condition; or
 
      (b) impairment of a person's mental health;
 
    "officer" means the chairman, managing director, chief executive or secretary of a corporation.
Commencement and saving.     6. - (1) This Act comes into force at the end of the period of two months beginning with the day on which it is passed.
 
      (2) This Act does not apply in relation to anything done or omitted before it comes into force.
 
Short title and extent.     7. - (1) This Act may be cited as the Corporate Homicide Act 2000.
 
      (2) This Act extends to England and Wales only.
 
 

 
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