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The Corporate Manslaughter and Corporate Homicide Act 2007 – Thirteen years in the making but was it worth the wait?

Gobert, James (2008) 'The Corporate Manslaughter and Corporate Homicide Act 2007 – Thirteen years in the making but was it worth the wait?' Modern Law Review, 71 (3). pp. 413-433. ISSN 0026-7961

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Abstract

Despite a gestation period extending over thirteen years, the Corporate Manslaughter and Corporate Homicide Act 2007 is a disappointment. It is limited in its scope, restricted in its range of potential defendants and regressive to the extent that, like the discredited identification doctrine before it, it allows its focus to be deflected from systemic fault to individual fault. As a result the Act may not curb the type of short-sighted risk management decisions that can lead to the deaths of innocent workers, consumers and members of the public. Further, by requiring DPP consent to prosecute, the Act threatens to entangle corporate manslaughter prosecutions in the political process to an unacceptable degree. Despite these weaknesses, the symbolic significance of the Corporate Manslaughter and Corporate Homicide Act 2007 may ultimately transcend its methodological deficiencies.

Item Type: Article
Subjects: K Law > KD England and Wales
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 21 Nov 2012 15:07
Last Modified: 21 Nov 2012 15:07
URI: http://repository.essex.ac.uk/id/eprint/4283

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