The Corporate Manslaughter and Corporate Homicide Act 2007: a re-evaluation 10 years on from the first case

Roper, Victoria (2022) The Corporate Manslaughter and Corporate Homicide Act 2007: a re-evaluation 10 years on from the first case. Criminal Law Review, 2022 (4). pp. 290-306. ISSN 0011-135X

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Abstract

This article considers the Corporate Manslaughter and Corporate Homicide Act 2007 a decade after the first prosecution. That initial conviction has proved to be a ‘typical’ case in terms of the type and size of the offender, the company’s subsequent liquidation, the manner of the killing at work and the level of fine imposed. Analysis of the subsequent caselaw provides new insights and a balanced critique of the statute’s successes and weaknesses is offered. The discussion highlights why the gap between actual and reasonably anticipated case numbers is not a significant as previously thought. A central argument advanced is that the principal reason why there have not been more cases and convictions is attributable to the complex enforcement environment, not the requirement to prove senior management involvement. This article concludes that it is unfair to label the Act a failure and calls for a re-evaluation of this important, but often not fully understood, piece of legislation.

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