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Amendment
to the Criminal Justice Bill
Andrew Dismore MP has tabled two amendments
to the Criminal Justice Bill currently going
through parliament.
These amendments may come up for debate on the
2nd or 3rd May.
NC11.
This amendment, set out below, would enact
a new offence of Corporate Killing as proposed
by the Law Commission. As drafted it would
only apply to companies not ‘undertakings’
or ‘crown bodies’.
To
move the following clause
| (1) |
A
corporation is guilty of corporate
killing if:
| (a) |
a
management failure by
the corporation or other
undertaking is the cause
or one of the causes of
a person's death; and |
| (b) |
that
failure constitutes conduct
falling far below what
can reasonably be expected
of the corporation in
the circumstances. |
|
| (2) |
For
the purposes of subsection
(1) above
| (a) |
there is a management
failure by a corporation
if the way in which its
activities are managed
or organised fails to
ensure the health and
safety of persons employed
in or affected by those
activities; and |
| (b) |
such
a failure may be regarded
as a cause of a person's
death notwithstanding
that the immediate cause
is the act or omission
of an individual. |
|
| (3) |
A
corporation guilty of an offence
under this section is liable
on conviction on indictment
to a fine |
| (4) |
No
individual shall be convicted
of aiding, abetting, counselling
or procuring an offence under
this section but without prejudice
to an individual being guilty
of any other offence in respect
of the death in question |
NC12
This amendment would mean that a
director would be found guilty of
an offence of corporate killing,
if the company is.
This is a much more contentious
amendment - not proposed by the
Law Commission or any other governmental
or non-governmental body. It is
in effect a strict liability offence:
that is to say, a company director
will be automatically found guilty
of the offence if the company is
found guilty - even if conduct of
the director is not particularly
blameworthy.
To move the following clause
| (1) |
An
officer of a corporation is
guilty of corporate killing
if
| (a) |
a
management failure by
the corporation or other
undertaking is the cause
or one of the causes of
a person's death; and |
| (b) |
that
failure constitutes conduct
falling far below what
can reasonably be expected
of the corporation in
the circumstances. |
|
| (2) |
For
the purposes of subsection
(1) above
| (a) |
there is a management
failure by a corporation
if the way in which its
activities are managed
or organised fails to
ensure the health and
safety of persons employed
in or affected by those
activities; and |
| (b) |
such
a failure may be regarded
as a cause of a person's
death notwithstanding
that the immediate cause
is the act or omission
of an individual. |
|
| (3) |
A
corporation guilty of an offence
under this section is liable
on conviction on indictment
to a fine or imprisonment or
both |
| (4) |
No
individual shall be convicted
of aiding, abetting, counselling
or procuring an offence under
this section but without prejudice
to an individual being guilty
of any other offence in respect
of the death in question |
| (5) |
This
section does not preclude an
officer being guilty of murder
or manslaughter |
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