Railway law corporate manslaughter

2008 ◽  
Author(s):  
P. Burnley
Keyword(s):  
Corporate Manslaughter

The Role of Government Backbenchers

2017 ◽  
Author(s):  
Meg Russell ◽  
Daniel Gover
Keyword(s):  
Policy Change ◽  
Legislative Process ◽  
Role Of Government ◽  
Policy Actors ◽  
Corporate Manslaughter ◽  
Party Cohesion ◽  
Government Legislation

This chapter explores how government backbench parliamentarians in both chambers at Westminster influence the content of government legislation and the dynamics of politics. Government backbenchers are often thought to be Westminster’s most influential policy actors, operating through the ‘intraparty mode’. As summarized here, governments have recently become less able to rely on their votes, thanks to declining party cohesion. Yet governments are rarely defeated as a result of rebellious votes. This chapter analyses government backbenchers’ amendments proposed to the 12 case study bills—some of which served purposes other than immediate policy change—and their role as ‘pivotal voters’ in resolving legislative disputes with other (particularly opposition) actors. It also emphasizes their influence on legislation before it is introduced, and the importance of ‘anticipated reactions’. For example, ministers introduced the Corporate Manslaughter Bill only reluctantly, following backbench pressure. Backbenchers hence have subtle, and often hidden, influence in the legislative process.

The Corporate Manslaughter and Corporate Homicide Act 2007 Ten Years On

2018 ◽  
Vol 82 (4) ◽  
pp. 305-310
Author(s):  
Simon Parsons
Keyword(s):  
Corporate Manslaughter

scholarly journals Corporate Manslaughter: A Radical Reform?

2007 ◽  
Vol 71 (2) ◽  
pp. 151-166 ◽  
Author(s):  
Stephen Griffin
Keyword(s):  
Common Law ◽  
Radical Reform ◽  
The Common ◽  
Corporate Manslaughter

The objective of this article is to analyse critically the proposed new statutory offence of corporate manslaughter. The article considers the content of the proposed legislation in depth and seeks to determine whether it offers a radical alternative to the common law position. Although the intention of the proposed legislation is to remove restrictive legal obstacles associated with the prosecution of corporate manslaughter cases, the article raises serious doubts in relation to whether the proposed legislation will, in fact, achieve its goal.

scholarly journals New law puts NHS trusts at risk of charges of corporate manslaughter

BMJ ◽  
2008 ◽  
Vol 336 (7647) ◽  
pp. 741.1-741 ◽  
Author(s):  
Clare Dyer
Keyword(s):  
At Risk ◽  
Corporate Manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007

2017 ◽  
pp. 159-162 ◽  
Author(s):  
John M. Madden
Keyword(s):  
Corporate Manslaughter

Corporate Responsibility and the Law

2015 ◽  
pp. 97-112
Author(s):  
Anne Eyre ◽  
Pam Dix
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Corporate Responsibility ◽  
Safety Climate ◽  
Health And Safety ◽  
Corporate Accountability ◽  
House Of Commons ◽  
For Profit ◽  
Not For Profit ◽  
Corporate Manslaughter

This chapter describes how a significant part of Disaster Action's mission has been to help create a health and safety climate in which disasters are less likely to occur. The focus on corporate responsibility has underpinned this intention. The degree to which Maurice de Rohan personally, and Disaster Action as a whole, succeeded in influencing government thinking is reflected in the remarks made by the then Home Secretary John Reid when he introduced the second reading of the Corporate Manslaughter Bill in the House of Commons on October 10, 2006. Getting to that point in 2006 had been a long, committed, and hard road for Disaster Action. The chapter then looks at Disaster Action's proposal for radical changes in the criminal justice system concerning the treatment of possible corporate crimes of violence. It also considers the establishment of the Centre for Corporate Accountability (CCA), which is a not-for-profit human rights organisation concerned with the promotion of worker and public safety.

Workplace Safety and Criminalization

2020 ◽  
pp. 391-408
Author(s):  
Paul Almond
Keyword(s):  
Structural Change ◽  
Criminal Law ◽  
Health And Safety ◽  
Workplace Safety ◽  
Contextual Features ◽  
Organizational Norms ◽  
Capacity Choice ◽  
Corporate Manslaughter ◽  
Open Question

This chapter argues that the contribution of criminalization to better health and safety in workplaces has been limited by certain contextual features of this regulatory method. It focuses on the role of criminal law in the health and safety legislation and the corporate manslaughter offence. In particular, this chapter argues that criminal law interventions are gravitationally oriented towards individualized notions of fault, capacity, choice, and responsibility. Once the liability enquiry is structured in this highly personalized way, the regulatory capacities of the criminal law to secure effective and enduring structural change is limited. Thus, it remains an open question whether the criminal law can accommodate approaches to responsibility that are more attuned to structures, cultures, and organizational norms.

4. Strict, vicarious and corporate liability

2020 ◽  
pp. 139-183
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Human Rights ◽  
Great Britain ◽  
Criminal Law ◽  
Strict Liability ◽  
European Convention ◽  
Mens Rea ◽  
Serious Crime ◽  
Actus Reus ◽  
Corporate Manslaughter ◽  
Corporate Liability

This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains/critiques the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.

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