Overview

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Corporate Manslaughter Act 2007 establishes a statutory offence of manslaughter through gross negligence for organizations whose acts or omissions, in breach of a duty of care, cause the death of a person. It has swept away the common law and provided for an offence, liability for which is part decided by the judge and part by the jury at trial. For the first time, Crown immunity has been removed and named departments and government bodies can face prosecution where such a death has occurred. This book covers in detail all the elements of the new offence and provides a full, clear analysis both of the Act and the common law principles involved in determining the existence of a relevant duty of care. It will be of benefit to all legal practitioners and others advising organizations on the impact of the new offence and upon potential liability for corporate manslaughter. Its logical style and careful analysis of the provisions make it an essential purchase for all those involved in a corporate manslaughter investigation or subsequent prosecution.

Full Product Details

Author:   Richard Matthews (, Barrister, 2 Bedford Row)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.60cm , Height: 1.10cm , Length: 23.40cm
Weight:   0.313kg
ISBN:  

9780199203215

ISBN 10:   0199203210
Pages:   200
Publication Date:   07 February 2008
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Introduction: The Act, Its History, and the Common Law The Corporate Manslaughter and Corporate Homicide Act 2007 The Common Law Common Law Gross Negligence Manslaughter The Need for Reform History of the Act 2: The Offence and the Organizations Subject to the Act Overview The Offence Element 1: By an Organization Subject to the Act Element 2: The Organization Owed a Relevant Duty of Care to the Deceased Element 3: The Way in which the Organization's Activities are Managed or Organized: Causation and Breach 3: The Relevant Duty of Care I: A Question of Law Founded upon the Common Law of Negligence Overview Relevant Duty of Care: a Judicial Determination of Law and Fact The Existence of a Duty of Care in Negligence 4: The Relevant Duty of Care II: The Meaning and Categories of Relevant Duty of Care Overview Meaning of 'Relevant Duty of Care' Work, The Duty Owed to Employees and Other Workers: s 2 (1) (a) The Duty as an Occupier of Premises: s 2 (1) (b) Duties Owed 'In Connection with' Various Activities: s 2 (1) (c) The 'Custody' Duty of Care: s 2 (1) (d) 5: The Relevant Duty of Care III: The Exemptions in Sections 3-7 Overview Public Policy Decisions, Exclusively Public Functions, and Statutory Inspections Military Activities Policing and Law Enforcement Emergencies Child Protection and Probation Functions 6: Committing the Offence: Causation and Breach of Duty Overview Management Failure, Breach, and Senior Management The Way in which the Organization's Activities are Managed or Organized Caused the Death: s 1 (1) (a) 'The Way in which its Activites are Managed or Organised' Amounted to a Gross Breach of that Relevant Duty of Care: s 1 (1) (b) Gross Breach: the Jury Factors in s 8 The Senior Management Requirement 7: Sentence and Orders Upon Conviction Overview Sentence by way of Fine Remedial Orders and Publicity Orders 8: Investigation and Representation Overview The Investigation of Corporate Manslaughter Representation APPENDICES Appendix 1: Appendix 1 - The Corporate Manslaughter and Corporate Homicide Act 2007 Appendix 2: A Guide to the Corporate Manslaughter and Corporate Homicide Act 2007

Reviews

"""It is an excellent analysis of what is proving to be a highly complex piece of legislation."" Stephen O'Doherty, Crown Prosecution Service"

It is an excellent analysis of what is proving to be a highly complex piece of legislation. Stephen O'Doherty, Crown Prosecution Service

Author Information

Richard Matthews is a barrister at 2 Bedford Row in London. He is Standing Counsel to the Health and Safety Executive and the Office of Rail Regulator. Richard advised the Home Office Legal Advisor's Branch in relation to the proposals for and drafting of the Corporate Manslaughter Bill and is vice-chairman of the Health and Safety Lawyers Association.

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