Alexandra Dobson, Reader in Law at University of South Wales - Corporate Manslaughter in Facilities Management

248 views

Published on

Alexandra Dobson, Reader in Law at University of South Wales spoke at the FMP Event April 2014

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
248
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
0
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Alexandra Dobson, Reader in Law at University of South Wales - Corporate Manslaughter in Facilities Management

  1. 1. Reader in Law – University of South Wales Alexandra Dobson The Corporate Manslaughter and Corporate Homicide Act 2007 Where Are We Now?
  2. 2. The Offence Section (1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised— (a)causes a person's death, and (b)amounts to a gross breach of a relevant duty of care owed by the organisation to the decease
  3. 3. The Offence • Section(3)An organisation is guilty of an offence under this section only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to in subsection (1).
  4. 4. The Offence • Section 4 • ‘a breach of a duty of care by an organisation is a “gross” breach if the conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances; • (c)“senior management”, in relation to an organisation, means the persons who play significant roles in— • (i)the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or • (ii)the actual managing or organising of the whole or a substantial part of those activities.
  5. 5. The Prosecutions MNS Mining Ltd 2014 - on-going Mobile Sweepers (Reading) Ltd, March 2013 – Found Guilty - fined £183,000 director disqualified – Publicity Order Princes Sporting Club Ltd, January 2013 – fined £135,000 - Guilty plea Lion Steel Limited convicted of corporate manslaughter, fined £480k 20th July 2012 – Guilty plea PS & JE Ward Ltd, November 2013 (acquittal) JMW Farms convicted of corporate manslaughter, fined £187,500 plus £13,000 costs May 2012 – Guilty plea J Murray and Sons 2012 – fined £100,000, Guilty Plea Cotswold Geotechnical Holdings – First conviction – Found guilty £385,000
  6. 6. The Issues Some unexpected outcomes………. Increase in the use of Section 37 of the Health and Safety at Work Act 1974 Plea bargaining Willingness of the courts to impose heavy fines for health and safety breaches where problems can be traced to Board Level

×