CCA supports a great deal of the analysis of the Committee's
report - its critique of the Home Office proposals,
its support of extending the application of the offence
to deaths abroad and removing the restrictions to
crown immunity, and its call for wider sentencing
we are undertain about the nature of the corporate
and individuals offences proposed by the Committee.
Committee seems to be suggesting an offence that could
be committed without having to show gross management
failures - and it is therefore difficult to see, apart
from the fact that proof of causation of death is
required, what would be the difference between the
new proposed offence and a health and safety at work
that, it is also unclear how the two new proposed
individual offences would work - and how they would
differ in any significant way from the existing health
and safety offences.
it may be the case that the Committee is indeed proposing
that the 'management failure' is gross and has simply
not made that clear enough in its report.