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| Corporate Manslaughter and Corporate Homicide Bill
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| | Individual officers’ liability |
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| To move the following Clause:— |
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| | ‘(1) | An officer of an organisation is guilty of corporate manslaughter or corporate |
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| | (a) | that organisation is guilty of an offence under section 1; and |
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| | (b) | that officer’s conduct by way of act or omission contributed to its breach |
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| | referred to in section 1(1). |
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| | (2) | In this section, “officer” means the chairman, managing director, chief executive |
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| | or secretary of the organisation.’. |
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| | Individual officers’ liability: penalties |
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| To move the following Clause:— |
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| | ‘An officer of an organisation who is guilty of corporate manslaughter or |
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| | corporate homicide under section [Individual officers’ liability] is liable on |
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| | conviction to a term of imprisonment or a fine.’. |
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| | Liability of holding company |
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| To move the following Clause:— |
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| | ‘(1) | In the case of a corporation which is found guilty of corporate manslaughter, any |
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| | holding company of such corporation shall be guilty of an offence if the holding |
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| | company failed to take all reasonable steps to prevent such corporation from |
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| | (2) | A corporation that is guilty of an offence under this section shall be liable on |
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| | conviction on indictment to a fine. |
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| | (3) | An offence under this section is indictable in Scotland only in the High Court of |
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| | (4) | For the purposes of this section the term “holding company” shall have the |
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| | meaning set out in section 736 of the Companies Act 1985 (c. 6).’. |
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| | Members of senior management liable to disqualification as company directors |
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| To move the following Clause:— |
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| | ‘Where an offence under section 1 committed by an organisation to which that |
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| | section applies is proved to have been committed with the consent or connivance |
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| | of, or to have been attributable to any neglect on the part of, any member of the |
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| | senior management of the organisation who is a director of a company, section |
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| | 2(1) of the Company Directors Disqualification Act 1986 (c. 46) (disqualification |
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| | on conviction of indictable offence) shall apply to him as if he had been convicted |
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| | of an offence falling within that subsection.’. |
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| | Proceedings against unincorporated bodies other than Crown bodies |
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| To move the following Clause:— |
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| | ‘(1) | Proceedings for an offence under section 1, alleged to have been committed by |
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| | any unincorporated association or body other than a Crown body, shall be brought |
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| | in the name of that association or body (and not in that of any individual member |
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| | or other person) and for the purposes of such proceedings any rules of court |
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| | relating to the service of documents apply as if that association or body were a |
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| | (2) | A fine imposed on an unincorporated association or body on its conviction of |
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| | such an offence shall be paid out of the funds of that association or body. |
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| | (3) | In a case in which an unincorporated association or body is charged with such an |
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| | offence, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the |
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| | Magistrates Court Act 1980 (procedure on charge of an offence against a |
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| | corporation) have effect in like manner as in the case of a corporation so |
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| | Offence by senior manager |
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| To move the following Clause:— |
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| | ‘(1) | A senior manager of an organisation is guilty of an offence if by his acts or |
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| | omissions which amounted to a gross breach of his duty he could have prevented |
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| | an offence under section 1. |
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| | (2) | For the purposes of this section a person is a “senior manager” of an organisation |
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| | if he plays a significant role in the making of decisions about how the activities |
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| | of the organisation are managed or organised and includes the chairman, |
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| | managing director, chief executive, secretary or other director of the organisation. |
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| | (3) | A person guilty of an offence under subsection (1) is liable on conviction on |
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| | (a) | imprisonment for a term not exceeding 6 months, or |
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| | (b) | a fine not exceeding the statutory maximum, |
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| To move the following Clause:— |
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| | ‘Any company director or senior manager who is found to have aided, abetted, |
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| | counselled or procured the commission of an offence of corporate manslaughter |
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| | or corporate homicide shall be liable to imprisonment for a period not exceeding |
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| Page 1, line 1 [Clause 1], at end insert ‘of corporate manslaughter and corporate |
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| Page 1, line 6 [Clause 1], at beginning insert ‘in England and Wales and Northern |
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| Page 1, line 7 [Clause 1], at end insert ‘, or |
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| | (c) | in Scotland amounts to a reckless disregard for the safety of the deceased. |
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| | (1A) | A senior manager of an organisation is reckless where as regards a circumstance |
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| | or as to a possible result of an act he is or ought to have been aware of an obvious |
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| | and serious risk that the circumstance exists or that the result will follow but |
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| | nonetheless acts where no reasonable person would do so.’. |
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| Page 1, line 11 [Clause 1], at end insert— |
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| | (e) | an unincorporated association.’. |
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| Page 1, line 11 [Clause 1], at end insert— |
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| | ‘(d) | a partnership (as defined in section 1 of the Partnership Act 1890 (c. 39)), |
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| | where that partnership is subject to some or all of the provisions of the |
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| | Health and Safety at Work etc. Act 1974; |
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| | (e) | an unincorporated association or body, where it is subject to some or all |
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| | of the provisions of the Health and Safety at Work etc. Act 1974.’. |
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| Page 1, line 11 [Clause 1], at end insert— |
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| | ‘(d) | a business association’. |
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| Page 2, line 4 [Clause 1], at end insert— |
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| | ‘(iii) | the actual managing or organising of a discrete site or sites where |
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| | the organisation’s activities take place.’. |
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| Page 2, line 4 [Clause 1], at end insert— |
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| | ‘(iii) | the making of decisions about how a discrete site or sites where |
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| | the organisation’s activities take place are to be managed or |
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| Page 2, line 9 [Clause 1], at end insert— |
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| | ‘(5A) | Where an offence under any of the relevant statutory provisions committed by a |
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| | body corporate is proved to have been committed with the consent or connivance |
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| | of, or to have been attributable to any neglect or recklessness on the part of, any |
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| | senior manager, he as well as the organisation shall be guilty of that offence and |
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| | shall be liable to be proceeded against and punished accordingly.’. |
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| Page 2, line 11 [Clause 1], after ‘to’, insert ‘(a)’. |
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| Page 2, line 11 [Clause 1], at end insert— |
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| | (c) | a compensation order.’. |
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| Page 2, line 13 [Clause 1], at end insert— |
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| | ‘(8) | Any penalty imposed under subsection (5A) above shall be notified by the court |
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| | to the Registrar of Companies and the Registrar of Companies in Scotland.’. |
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| Page 2, line 16 [Clause 2], after ‘any’, insert ‘duty imposed on it by a statutory |
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| provision listed in Schedule [List of statutory provisions] or any.’. |
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| Page 2, line 19 [Clause 2], at end insert— |
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| | ‘(aa) | a duty to members of the public who may be affected by the way in which |
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| | the persons referred to in paragraph (a) perform their duties;’. |
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| Page 2, line 20 [Clause 2], at end insert— |
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| | ‘(bb) | a duty owed in respect of the detention of any person in lawful custody;’. |
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| Page 2, line 22 [Clause 2], after ‘supply’, insert ‘or provision’. |
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| Page 2, line 29 [Clause 2], at end insert— |
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| | ‘(d) | a duty owed to anyone held in custody.’. |
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| Page 2, line 30 [Clause 2], at end insert— |
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| | ‘( ) | A reference in subsection (1) to a duty owed under the law of negligence includes |
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| | a reference to a duty that would be owed under the law of negligence but for any |
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| | statutory provision under which liability is imposed in place of liability under that |
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| Page 2, line 33 [Clause 2], at end insert— |
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| | ‘( ) | For the purposes of this Act there is to be disregarded— |
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| | (a) | any rule of the common law that has the effect of preventing a duty of |
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| | care from being owed by one person to another by reason of the fact that |
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| | they are jointly engaged in unlawful conduct; |
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| | (b) | any such rule that has the effect of preventing a duty of care from being |
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| | owed to a person by reason of his acceptance of a risk of harm.’. |
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| Page 2, line 33 [Clause 2], at end insert— |
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| | ‘(3A) | The Secretary of State may amend Schedule [List of statutory provisions] by |
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| | order. An order under this section is subject to the affirmative resolution |
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| Page 3, line 3 [Clause 2], at end insert— |
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| | ‘ “custody” includes being held in prison, secure mental healthcare facilities, |
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| | secure children’s homes, secure training centres, immigration removal |
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| | centres, court cells and police cells, and being subject to supervision by |
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| | court, prisoner and detainee escort services;’. |
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| Page 3, line 16 [Clause 2], at end insert— |
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| | ‘“statutory provision” means provision contained in, or in an instrument |
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| | made under, any Act, any Act of the Scottish Parliament or any Northern |
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| Page 3, line 23 [Clause 3], leave out subsection (2). |
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| Page 3, line 25 [Clause 3], leave out ‘or (b)’ and insert ‘(b) or (d)’. |
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