Corporate Manslaughter and Corporate Homicide Bill

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House of Lords

Session 2006 - 07
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Corporate Manslaughter and Corporate Homicide Bill

Corporate Manslaughter and Corporate Homicide Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, are published separately
as HL Bill 19—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Baroness Scotland of Asthal has made the following statement under section
19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Corporate Manslaughter and Corporate Homicide
Bill are compatible with the Convention rights.

HL Bill 19
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Corporate Manslaughter and Corporate Homicide Bill

HL Bill 19
54/2

Corporate Manslaughter and Corporate Homicide Bill

Contents
Corporate manslaughter and corporate homicide
1
The offence
Relevant duty of care
2
Meaning of “relevant duty of care”
3
Public policy decisions, exclusively public functions and statutory
inspections
4
Military activities
5
Policing and law enforcement
6
Emergencies
7
Child-protection and probation functions
Gross breach
8
Factors for jury
Remedial orders
9
Power to order breach etc to be remedied
The Crown etc
10
Application to Crown bodies
11
Application to armed forces
12
Application to police forces
13
Procedure, evidence and sentencing
14
Transfer of functions
Miscellaneous
15
DPP’s consent required for proceedings
16
No individual liability
17
Abolition of liability of corporations for manslaughter at common law
General and supplemental
18
Power to amend Schedule 1

HL Bill 19
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Corporate Manslaughter and Corporate Homicide Bill
ii

19
Orders
20
Minor and consequential amendments
21
Commencement and savings
22
Extent and territorial application
23
Short title
Schedule 1   —
List of government departments etc
Schedule 2   —
Minor and consequential amendments

© Parliamentary copyright 2006
Revised 6 December 2006