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Homework answers / question archive / The chances of any organisation being convicted of corporate manslaughter in relation to any death is only very marginally higher than it was under the common law
The chances of any organisation being convicted of corporate manslaughter in relation to any death is only very marginally higher than it was under the common law.” Victoria Roper 2018 Critically evaluate the offence of corporate manslaughter in light of the above statement.
ANSWER: Corporate manslaughter is a criminal offence where a business or organisation is found to have caused a person's death. Corporate manslaughter is a criminal offence in English law, being an act of homicide committed by a company or organisatgion.
A business can be prosecuted for the offence of corporate manslaughter if the way in which its activities are managed causes a death through a gorss breach of duty of care to the deceased. In general In English criminal law ,a juristic person is in the same position as a natural person and may be convicted for committing many offences.
It is a landmark in law as for the first time , companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care. A large part of the breach must have been in the way activities were managed or organised by senior management.
Altought owners and senior managers of businesses cannot personally be prosecuted for corporate manslaughter , they can be prosecuted for other offences related to failures in health and safety management. Such as gross negligence manslaughter and health and safety offences.The coporate manslaughter law does not change this and prosecutions against individuals will continue to be taken where there is enough evidence and it is in the public interest.
With the introduction of criminal offence of corporate manslaughter companies are now encouraged to manage health and safety properly.