Corporate Manslaughter and Corporate Homicide Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Corporate Manslaughter and Corporate Homicide Bill

Corporate Manslaughter and Corporate Homicide Bill
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A
Bill
To
Create a new offence that, in England and Wales or Northern Ireland, is to be
called corporate manslaughter and, in Scotland, is to be called corporate
homicide; and to make provision in connection with that offence.
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 manslaughter and corporate homicide
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The offence
(1)
An organisation to which this section applies is guilty of an offence if the way
in which its activities are managed or organised—
(a)
causes a person’s death, and
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(b)
amounts to a gross breach of a relevant duty of care owed by the
organisation to the deceased.
(2)
The organisations to which this section applies are—
(a)
a corporation;
(b)
a department or other body listed in Schedule 1;
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(c)
a police force (as defined in section 12(1)).

In this Act “corporation” does not include a corporation sole but includes any
body corporate wherever incorporated.
(3)
An organisation is guilty of an offence under this section only if the way in
which its activities are managed or organised by its senior management is a
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substantial element in the breach referred to in subsection (1).
(4)
For the purposes of this Act—
(a)
“relevant duty of care” has the meaning given by section 2, read with
sections 3 to 7;
(b)
a breach of a duty of care by an organisation is a “gross” breach if the
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conduct alleged to amount to a breach of that duty falls far below what
can reasonably be expected of the organisation in the circumstances;
(c)
“senior management”, in relation to an organisation, means the persons
who play significant roles in—

Bill 5 54/2

Corporate Manslaughter and Corporate Homicide Bill
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(i)
the making of decisions about how the whole or a substantial
part of its activities are to be managed or organised, or
(ii)
the actual managing or organising of the whole or a substantial
part of those activities.
(5)
The offence under this section is called—
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(a)
corporate manslaughter, in so far as it is an offence under the law of
England and Wales or Northern Ireland;
(b)
corporate homicide, in so far as it is an offence under the law of
Scotland.
(6)
An organisation that is guilty of corporate manslaughter or corporate homicide
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is liable on conviction on indictment to a fine.
(7)
The offence of corporate homicide is indictable only in the High Court of
Justiciary.
Relevant duty of care
2
Meaning of “relevant duty of care”
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(1)
A “relevant duty of care”, in relation to an organisation, means any of the
following duties owed by it under the law of negligence—
(a)
a duty owed to its employees or to other persons working for the
organisation or performing services for it;
(b)
a duty owed as occupier of premises;
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(c)
a duty owed in connection with—
(i)
the supply by the organisation of goods or services (whether for
consideration or not),
(ii)
the carrying on by the organisation of any construction or
maintenance operations,
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(iii)
the carrying on by the organisation of any other activity on a
commercial basis, or
(iv)
the use or keeping by the organisation of any plant, vehicle or
other thing.
(2)
Subsection (1) is subject to sections 3 to 7.
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(3)
For the purposes of this Act, whether a particular organisation owes a duty of
care to a particular individual is a question of law.

The judge must make any findings of fact necessary to decide that question.
(4)
In this section—
“construction or maintenance operations” means operations of any of the
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following descriptions—
(a)
construction, installation, alteration, extension, improvement,
repair, maintenance, decoration, cleaning, demolition or
dismantling of—
(i)
any building or structure,
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(ii)
anything else that forms, or is to form, part of the land,
or
(iii)
any plant, vehicle or other thing;

Corporate Manslaughter and Corporate Homicide Bill
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(b)
operations that form an integral part of, or are preparatory to,
or are for rendering complete, any operations within paragraph
(a);
“the law of negligence” includes—
(a)
in relation to England and Wales, the Occupiers’ Liability Act
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1957 (c. 31), the Defective Premises Act 1972 (c. 35) and the
Occupiers’ Liability Act 1984 (c. 3);
(b)
in relation to Scotland, the Occupiers’ Liability (Scotland) Act
1960 (c. 30);
(c)
in relation to Northern Ireland, the Occupiers’ Liability Act
10
(Northern Ireland) 1957 (c. 25), the Defective Premises
(Northern Ireland) Order 1975 (S.I. 1975/1039 (N.I. 9)), the
Occupiers’ Liability (Northern Ireland) Order 1987 (S.I. 1987/
1280 (N.I. 15)) and the Defective Premises (Landlord’s Liability)
Act (Northern Ireland) 2001 (c. 10);
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“premises” includes land, buildings and moveable structures.
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Public policy decisions, exclusively public functions and statutory
inspections
(1)
Any duty of care owed by a public authority in respect of a decision as to
matters of public policy (including in particular the allocation of public
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resources or the weighing of competing public interests) is not a “relevant duty
of care”.
(2)
Any duty of care owed in respect of things done in the exercise of an
exclusively public function is not a “relevant duty of care” unless it falls within
section 2(1)(a) or (b).
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(3)
Any duty of care owed by a public authority in respect of inspections carried
out in the exercise of a statutory function is not a “relevant duty of care” unless
it falls within section 2(1)(a) or (b).
(4)
In this section—
“exclusively public function” means a function that falls within the
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prerogative of the Crown or is, by its nature, exercisable only with
authority conferred—
(a)
by the exercise of that prerogative, or
(b)
by or under a statutory provision;
“public authority” has the same meaning as in section 6 of the Human
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Rights Act 1998 (c. 42) (disregarding subsections (3)(a) and (4) of that
section);
“statutory function” means a function conferred by or under a statutory
provision;
“statutory provision” means provision contained in, or in an instrument
40
made under, any Act, any Act of the Scottish Parliament or any
Northern Ireland legislation.
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Military activities
(1)
Any duty of care owed by the Ministry of Defence in respect of—
(a)
operations within subsection (2),
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(b)
activities carried on in preparation for, or directly in support of, such
operations, or

Corporate Manslaughter and Corporate Homicide Bill
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(c)
training of a hazardous nature, or training carried out in a hazardous
way, which it is considered needs to be carried out, or carried out in
that way, in order to improve or maintain the effectiveness of the armed
forces with respect to such operations,

is not a “relevant duty of care”.
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(2)
The operations within this subsection are operations, including peacekeeping
operations and operations for dealing with terrorism, civil unrest or serious
public disorder, in which members of the armed forces come under attack or
face the threat of attack or violent resistance.
(3)
Any duty of care owed by the Ministry of Defence in respect of activities
10
carried on by members of the special forces is not a “relevant duty of care”.
(4)
In this section—
“the armed forces” has the meaning given by section 11, and a reference
to members of the armed forces is to be read in accordance with
subsection (3) of that section;
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“the special forces” means those units of the armed forces the
maintenance of whose capabilities is the responsibility of the Director
of Special Forces or which are for the time being subject to the
operational command of that Director.
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Policing and law enforcement
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(1)
Any duty of care owed by a public authority in respect of—
(a)
operations within subsection (2),
(b)
activities carried on in preparation for, or directly in support of, such
operations, or
(c)
training of a hazardous nature, or training carried out in a hazardous
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way, which it is considered needs to be carried out, or carried out in
that way, in order to improve or maintain the effectiveness of officers
or employees of the public authority with respect to such operations,

is not a “relevant duty of care”.
(2)
The operations within this subsection are operations for dealing with
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terrorism, civil unrest or serious disorder in which officers or employees of the
public authority in question come under attack or face the threat of attack or
violent resistance.
(3)
Any duty of care owed by a public authority in respect of other policing or law-
enforcement activities is not a “relevant duty of care” unless it falls within
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section 2(1)(a) or (b).
(4)
In this section—
“policing or law-enforcement activities” includes—
(a)
activities carried on in the exercise of functions that are—
(i)
functions of police forces, or
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(ii)
functions of the same or a similar nature exercisable by
public authorities other than police forces;
(b)
activities carried on in the exercise of functions of constables
employed by a public authority;
(c)
activities carried on in the exercise of functions exercisable
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under Chapter 4 of Part 2 of the Serious Organised Crime and

Corporate Manslaughter and Corporate Homicide Bill
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Police Act 2005 (c. 15) (protection of witnesses and other
persons);
(d)
activities carried on to enforce any provision contained in or
made under the Immigration Acts;
“public authority” has the same meaning as in section 6 of the Human
5
Rights Act 1998 (c. 42) (disregarding subsections (3)(a) and (4) of that
section).
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Emergencies
(1)
Any duty of care owed by an organisation within subsection (2) in respect of
the way in which it responds to emergency circumstances (or circumstances
10
believed to be emergency circumstances) is not a “relevant duty of care” unless
it falls within section 2(1)(a) or (b).
(2)
The organisations within this subsection are—
(a)
a fire and rescue authority in England and Wales;
(b)
a fire and rescue authority or joint fire and rescue board in Scotland;
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(c)
the Northern Ireland Fire and Rescue Service Board;
(d)
any other organisation providing a service of responding to emergency
circumstances (or circumstances believed to be emergency
circumstances) either—
(i)
in pursuance of arrangements made with an organisation
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within paragraph (a), (b) or (c), or
(ii)
(if not in pursuance of such arrangements) otherwise than on a
commercial basis;
(e)
a relevant NHS body;
(f)
an organisation providing ambulance services in pursuance of
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arrangements made by, or at the request of, a relevant NHS body;
(g)
an organisation providing services for the transport of organs, blood,
equipment or personnel in pursuance of arrangements made by, or at
the request of, a relevant NHS body;
(h)
an organisation providing a rescue service;
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(i)
the armed forces.
(3)
Any duty of care owed in respect of the carrying out, or attempted carrying
out, of a rescue operation at sea in emergency circumstances (or circumstances
believed to be emergency circumstances) is not a “relevant duty of care” unless
it falls within section 2(1)(a) or (b).
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(4)
Any duty of care owed in respect of action taken—
(a)
in order to comply with a direction under Schedule 3A to the Merchant
Shipping Act 1995 (c. 21) (safety directions), or
(b)
by virtue of paragraph 4 of that Schedule (action in lieu of direction),

is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
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(5)
In this section—
“the armed forces” has the meaning given by section 11;
“emergency circumstances” means circumstances that are present or
imminent and—
(a)
are causing, or are likely to cause, serious harm or a worsening
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of such harm, or
(b)
are likely to cause the death of a person;

Corporate Manslaughter and Corporate Homicide Bill
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“relevant NHS body” means—
(a)
an NHS foundation trust, National Health Service trust, Special
Health Authority, Primary Care Trust or Local Health Board in
England and Wales;
(b)
a Health Board or Special Health Board in Scotland, or the
5
Common Services Agency for the Scottish Health Service;
(c)
a Health and Social Services trust or Health and Social Services
Board in Northern Ireland;
“serious harm” means—
(a)
serious injury to or the serious illness (including mental illness)
10
of a person;
(b)
serious harm to the environment (including the life and health
of plants and animals);
(c)
serious harm to any building or other property.
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Child-protection and probation functions
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(1)
A duty of care to which this section applies is not a “relevant duty of care”
unless it falls within section 2(1)(a) or (b).
(2)
This section applies to any duty of care that a local authority or other public
authority owes in respect of the exercise by it of functions conferred by or
under—
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(a)
the Children Act 1989 (c. 41),
(b)
Part 2 of the Children (Scotland) Act 1995 (c. 36), or
(c)
the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

so far as relating to the protection of children from harm.
(3)
This section also applies to any duty of care that a local probation board or
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other public authority owes in respect of the exercise by it of functions
conferred by or under—
(a)
Chapter 1 of Part 1 of the Criminal Justice and Court Services Act 2000
(c. 43),
(b)
section 27 of the Social Work (Scotland) Act 1968 (c. 49), or
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(c)
Article 4 of the Probation Board (Northern Ireland) Order 1982
(S.I. 1982/713 (N.I. 10)).
(4)
In this section “public authority” has the same meaning as in section 6 of the
Human Rights Act 1998 (c. 42) (disregarding subsections (3)(a) and (4) of that
section).
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Gross breach
8
Factors for jury
(1)
This section applies where—
(a)
it is established that an organisation owed a relevant duty of care to a
person, and
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(b)
it falls to the jury to decide whether there was a gross breach of that
duty.

Corporate Manslaughter and Corporate Homicide Bill
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(2)
The jury must consider whether the evidence shows that the organisation
failed to comply with any health and safety legislation that relates to the
alleged breach, and if so—
(a)
how serious that failure was;
(b)
how much of a risk of death it posed.
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(3)
The jury may also—
(a)
consider the extent to which the evidence shows that there were
attitudes, policies, systems or accepted practices within the
organisation that were likely to have encouraged any such failure as is
mentioned in subsection (2), or to have produced tolerance of it;
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(b)
have regard to any health and safety guidance that relates to the alleged
breach.
(4)
This section does not prevent the jury from having regard to any other matters
they consider relevant.
(5)
In this section—
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“health and safety legislation” means any statutory provision dealing
with health and safety matters, including in particular provision
contained in the Health and Safety at Work etc. Act 1974 (c. 37) or the
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/
1039 (N.I. 9));
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“health and safety guidance” means any code, guidance, manual or
similar publication that is concerned with health and safety matters and
is made or issued (under a statutory provision or otherwise) by an
authority responsible for the enforcement of any health and safety
legislation;
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“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.
Remedial orders
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Power to order breach etc to be remedied
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(1)
A court before which an organisation is convicted of corporate manslaughter
or corporate homicide may order it to take specified steps to remedy—
(a)
the breach mentioned in section 1(1);
(b)
any matter that appears to the court to have resulted from that breach
and to have been a cause of the death.
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(2)
An order under this section may be made only on an application by the
prosecution specifying the terms of the proposed order.

Any such order must 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
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behalf of the organisation.
(3)
An order under this section must specify a period within which the steps
referred to in subsection (1) are to be taken.

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.
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