Interesting stumble upon Act. Who knows that corporations could be charged with “corporate manslaughter” in England, Wales and Northern Ireland?
NOTE: it is called “corporate homicide” in Scotland. Why is it different? Most likely because Scotland has a civil law foundation, not common law like in England, Wales and Northern Ireland.
This is interesting because Canada has one civil law jurisdiction province (Quebec) and USA has one civil law jurisdiction state (Lousiana), Each common law country has a civil law jurisdiction. Is this a clue to how civil law has invaded common law countries to the great detriment of the common law?
So, possibly we can conclude that ‘manslaughter’ is a common law term and ‘homicide’ is civil law. Make note of when THEY use ‘homicide’ in a common law jurisdiciton as to the venue of the law they are actually moving in.
The penalty for being found guilty, is a fine. s 1(6)
And an individual who actively participates in the corporate manslaughter “cannot be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter” wow. I guess you have to pursue the individual under a different Act. s 18
Corporate Manslaughter and Corporate Homicide Act 2007
2007 CHAPTER 19
An Act 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.
[26th July 2007]
https://www.legislation.gov.uk/ukpga/2007/19/introduction/enacted
Corporate Manslaughter and Corporate Homicide Act 2007
1 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
(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;
(c)a police force;
(d)a partnership, or a trade union or employers’ association, that is an employer.
(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 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 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—
(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—
(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 is liable on conviction on indictment to a fine.
(7)The offence of corporate homicide is indictable only in the High Court of Justiciary.
——
18 No individual liability
(1) An individual cannot be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter.
(1A) An individual cannot be guilty of an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to 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.
