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Corporate Manslaughter and Corporate Homicide Bill


Corporate Manslaughter and Corporate Homicide Bill

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The period so specified may be extended or further extended by order of the

court on an application made before the end of that period or extended period.

(4)   

An organisation that fails to comply with an order under this section is guilty

of an offence, and liable on conviction on indictment to a fine.

The Crown etc

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10      

Application to Crown bodies

(1)   

An organisation that is a servant or agent of the Crown is not immune from

prosecution under this Act for that reason.

(2)   

For the purposes of this Act—

(a)   

a department or other body listed in Schedule 1, or

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(b)   

a corporation that is a servant or agent of the Crown,

   

is to be treated as owing whatever duties of care it would owe if it were a

corporation that was not a servant or agent of the Crown.

(3)   

For the purposes of section 2

(a)   

a person who is—

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(i)   

employed by or under the Crown for the purposes of a

department or other body listed in Schedule 1, or

(ii)   

employed by a person whose staff constitute a body listed in

that Schedule,

   

is to be treated as employed by that department or body;

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(b)   

any premises occupied for the purposes of—

(i)   

a department or other body listed in Schedule 1, or

(ii)   

a person whose staff constitute a body listed in that Schedule,

   

are to be treated as occupied by that department or body.

(4)   

For the purposes of sections 2 to 7 anything done purportedly by a department

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or other body listed in Schedule 1, although in law by the Crown or by the

holder of a particular office, is to be treated as done by the department or other

body itself.

(5)   

Subsections (3)(a)(i), (3)(b)(i) and (4) apply in relation to a Northern Ireland

department as they apply in relation to a department or other body listed in

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Schedule 1.

11      

Application to armed forces

(1)   

In this Act “the armed forces” means any of the naval, military or air forces of

the Crown raised under the law of the United Kingdom.

(2)   

For the purposes of section 2 a person who is a member of the armed forces is

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to be treated as employed by the Ministry of Defence.

(3)   

A reference in this Act to members of the armed forces includes a reference to—

(a)   

members of the reserve forces (within the meaning given by section 1(2)

of the Reserve Forces Act 1996 (c. 14)) when in service or undertaking

training or duties;

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(b)   

persons serving on Her Majesty’s vessels (within the meaning given by

section 132(1) of the Naval Discipline Act 1957 (c. 53)).

 
 

Corporate Manslaughter and Corporate Homicide Bill

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12      

Application to police forces

(1)   

In this Act “police force” means—

(a)   

a police force within the meaning of—

(i)   

the Police Act 1996 (c. 16), or

(ii)   

the Police (Scotland) Act 1967 (c. 77);

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(b)   

the Police Service of Northern Ireland;

(c)   

the Police Service of Northern Ireland Reserve;

(d)   

the British Transport Police Force;

(e)   

the Civil Nuclear Constabulary;

(f)   

the Ministry of Defence Police.

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(2)   

For the purposes of this Act a police force is to be treated as owing whatever

duties of care it would owe if it were a body corporate.

(3)   

For the purposes of section 2

(a)   

a member of a police force is to be treated as employed by that force;

(b)   

a special constable appointed for a police area in England and Wales is

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to be treated as employed by the police force maintained by the police

authority for that area;

(c)   

a special constable appointed for a police force mentioned in paragraph

(d) or (f) of subsection (1) is to be treated as employed by that force;

(d)   

a police cadet undergoing training with a view to becoming a member

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of a police force mentioned in paragraph (a) or (d) of subsection (1) is

to be treated as employed by that force;

(e)   

a police trainee appointed under section 39 of the Police (Northern

Ireland) Act 2000 (c. 32) or a police cadet appointed under section 42 of

that Act is to be treated as employed by the Police Service of Northern

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Ireland;

(f)   

a police reserve trainee appointed under section 40 of that Act is to be

treated as employed by the Police Service of Northern Ireland Reserve;

(g)   

a member of a police force seconded to the Serious Organised Crime

Agency or the National Policing Improvement Agency to serve as a

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member of its staff is to be treated as employed by that Agency.

(4)   

A reference in subsection (3) to a member of a police force is to be read, in the

case of a force mentioned in paragraph (a)(ii) of subsection (1), as a reference to

a constable of that force.

(5)   

For the purposes of section 2 any premises occupied for the purposes of a

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police force are to be treated as occupied by that force.

(6)   

For the purposes of sections 2 to 7 anything that would be regarded as done by

a police force if the force were a body corporate is to be so regarded.

(7)   

Where—

(a)   

by virtue of subsection (3) a person is treated for the purposes of this

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Act as employed by a police force, and

(b)   

by virtue of any other statutory provision (whenever made) he is, or is

treated as, employed by another organisation,

   

the person is to be treated for those purposes as employed by both the force

and the other organisation.

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Corporate Manslaughter and Corporate Homicide Bill

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(8)   

In subsection (7) “statutory provision” means provision contained in, or in an

instrument made under, any Act, any Act of the Scottish Parliament or any

Northern Ireland legislation.

13      

Procedure, evidence and sentencing

(1)   

Any statutory provision (whenever made) about criminal proceedings applies,

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subject to any prescribed adaptations or modifications, in relation to

proceedings under this Act against—

(a)   

a department or other body listed in Schedule 1, or

(b)   

a police force,

   

as it applies in relation to proceedings against a corporation.

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(2)   

In this section—

“prescribed” means prescribed by an order made by the Secretary of State;

“provision about criminal proceedings” includes—

(a)   

provision about procedure in or in connection with criminal

proceedings;

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(b)   

provision about evidence in such proceedings;

(c)   

provision about sentencing, or otherwise dealing with, persons

convicted of offences;

“statutory” means contained in, or in an instrument made under, any Act

or any Northern Ireland legislation.

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(3)   

A reference in this section to proceedings is to proceedings in England and

Wales or Northern Ireland.

(4)   

An order under this section is subject to negative resolution procedure.

14      

Transfer of functions

(1)   

This section applies where—

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(a)   

a person’s death has occurred, or is alleged to have occurred, in

connection with the carrying out of functions by a relevant public

organisation, and

(b)   

subsequently there is a transfer of those functions, with the result that

they are still carried out but no longer by that organisation.

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(2)   

In this section “relevant public organisation” means—

(a)   

a department or other body listed in Schedule 1;

(b)   

a corporation that is a servant or agent of the Crown;

(c)   

a police force.

(3)   

Any proceedings instituted against a relevant public organisation after the

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transfer for an offence under this Act in respect of the person’s death are to be

instituted against—

(a)   

the relevant public organisation, if any, by which the functions

mentioned in subsection (1) are currently carried out;

(b)   

if no such organisation currently carries out the functions, the relevant

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public organisation by which the functions were last carried out.

   

The Secretary of State may by order specify a relevant public organisation

other than the one mentioned in paragraph (a) or (b) as the organisation against

which the proceedings are to be instituted.

 
 

Corporate Manslaughter and Corporate Homicide Bill

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(4)   

If the transfer occurs while proceedings for an offence under this Act in respect

of the person’s death are in progress against a relevant public organisation, the

proceedings are to be continued against—

(a)   

the relevant public organisation, if any, by which the functions

mentioned in subsection (1) are carried out as a result of the transfer;

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(b)   

if as a result of the transfer no such organisation carries out the

functions, the same organisation as before.

   

The Secretary of State may by order specify a relevant public organisation

other than the one mentioned in paragraph (a) or (b) as the organisation against

which the proceedings are to be continued.

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(5)   

An order under subsection (3) or (4) is subject to negative resolution procedure.

Miscellaneous

15      

DPP’s consent required for proceedings

Proceedings for an offence of corporate manslaughter—

(a)   

may not be instituted in England and Wales without the consent of the

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Director of Public Prosecutions;

(b)   

may not be instituted in Northern Ireland without the consent of the

Director of Public Prosecutions for Northern Ireland.

16      

No individual liability

(1)   

An individual cannot be guilty of aiding, abetting, counselling or procuring the

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commission of an offence of corporate manslaughter.

(2)   

An individual cannot be guilty of aiding, abetting, counselling or procuring, or

being art and part in, the commission of an offence of corporate homicide.

17      

Abolition of liability of corporations for manslaughter at common law

The common law offence of manslaughter by gross negligence is abolished in

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its application to corporations.

General and supplemental

18      

Power to amend Schedule 1

(1)   

The Secretary of State may amend Schedule 1 by order.

(2)   

A statutory instrument containing an order under this section is subject to

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affirmative resolution procedure, unless the only amendments to Schedule 1

that it makes are amendments within subsection (3).

   

In that case the instrument is subject to negative resolution procedure.

(3)   

An amendment is within this subsection if—

(a)   

it is consequential on a department or other body listed in Schedule 1

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changing its name,

(b)   

in the case of an amendment adding a department or other body to

Schedule 1, it is consequential on the transfer to the department or other

 
 

Corporate Manslaughter and Corporate Homicide Bill

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body of functions all of which were previously exercisable by one or

more organisations to which section 1 applies, or

(c)   

in the case of an amendment removing a department or other body

from Schedule 1, it is consequential on—

(i)   

the abolition of the department or other body, or

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(ii)   

the transfer of all the functions of the department or other body

to one or more organisations to which section 1 applies.

19      

Orders

(1)   

A power of the Secretary of State to make an order under this Act is exercisable

by statutory instrument.

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(2)   

Where an order under this Act is subject to “negative resolution procedure” the

statutory instrument containing the order is subject to annulment in pursuance

of a resolution of either House of Parliament.

(3)   

Where an order under this Act is subject to “affirmative resolution procedure”

the order may not be made unless a draft has been laid before, and approved

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by a resolution of, each House of Parliament.

(4)   

An order under this Act—

(a)   

may make different provision for different purposes;

(b)   

may make transitional or saving provision.

20      

Minor and consequential amendments

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Schedule 2 (minor and consequential amendments) has effect.

21      

Commencement and savings

(1)   

The preceding provisions of this Act come into force on such day as the

Secretary of State may appoint by order.

(2)   

Section 1 does not apply in relation to anything done or omitted before the

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commencement of that section.

(3)   

Section 17 does not affect any liability, investigation, legal proceeding or

penalty for or in respect of an offence committed wholly or partly before the

commencement of that section.

(4)   

For the purposes of subsection (3) an offence is committed wholly or partly

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before the commencement of section 17 if any of the conduct or events alleged

to constitute the offence occurred before that commencement.

22      

Extent and territorial application

(1)   

Subject to subsection (2), this Act extends to England and Wales, Scotland and

Northern Ireland.

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(2)   

An amendment made by this Act extends to the same part or parts of the

United Kingdom as the provision to which it relates.

(3)   

Section 1 applies if the harm resulting in death is sustained in the United

Kingdom or—

 
 

Corporate Manslaughter and Corporate Homicide Bill

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(a)   

within the seaward limits of the territorial sea adjacent to the United

Kingdom;

(b)   

on a ship registered under Part 2 of the Merchant Shipping Act 1995

(c. 21);

(c)   

on a British-controlled aircraft as defined in section 92 of the Civil

5

Aviation Act 1982 (c. 16);

(d)   

on a British-controlled hovercraft within the meaning of that section as

applied in relation to hovercraft by virtue of provision made under the

Hovercraft Act 1968 (c. 59);

(e)   

in any place to which an Order in Council under section 10(1) of the

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Petroleum Act 1998 (c. 17) applies (criminal jurisdiction in relation to

offshore activities).

(4)   

For the purposes of subsection (3)(b) to (d) harm sustained on a ship, aircraft

or hovercraft includes harm sustained by a person who—

(a)   

is then no longer on board the ship, aircraft or hovercraft in

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consequence of the wrecking of it or of some other mishap affecting it

or occurring on it, and

(b)   

sustains the harm in consequence of that event.

23      

Short title

This Act may be cited as the Corporate Manslaughter and Corporate Homicide

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Act 2006.

 
 

 
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Revised 1 November 2006