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Session 1999-2000 Internet Publications Other Bills before Parliament |
Corporate Homicide Bill
This is the text of the Corporate Homicide Bill, as presented to the House of Commons on 18th April 2000. | |
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Corporate Homicide Bill | |
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- |
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(2) For the purposes of subsection (1) above- | |
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(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- |
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(2) For the purposes of subsection (1) above- | |
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(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- | |
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(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- | |
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(6) An officer who fails to comply with an order under this section is guilty of an offence and liable- | |
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(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- | |
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Supplementary. | 4. - (1) Sections 1 and 2 apply if the injury resulting in death is sustained in England and Wales or- |
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(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- |
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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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© Parliamentary copyright 2000 | Prepared 25 April 2000 |