The Centre for Corporate Accountability (CCA) has published a letter that, it claims, was sent on 10 September 2002 by the Home Office to industries in the private sector asking them for their assessment of the potential effect of introducing a new offence of corporate killing.
The letter invites organisations in industries with high work-death rates to provide feedback on proposals for a new corporate killing charge. It also contains a questionnaire to help assess the cost implications.
The letter stresses that the proposed charge of corporate would not place any new health and safety duties on employers. The main effect of the new statutory offence, the letter reads, is that it will enable prosecutions for manslaughter to be brought against organisations where a management failure has resulted in one or more deaths, and where that failure constitutes conduct falling far below what can reasonably be expected of an organisation in the circumstances.
The charge would close the current 'loophole', whereby a criminal prosecution of corporate manslaughter can only be brought against organisations where a controlling mind can be identified. This is very difficult to establish in larger organisations.
A charge of corporate killing could result in a heavy fine, and the 'stigma' of the organisation being guilty of manslaughter.
The letter can be downloaded from the website of the CCA, please visit
www.corporateaccountability.org or use the internet link provided.
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