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Introduction to the Legislation The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious failures resulting in a gross breach of a duty of care.
The Act, which came into force on 6 April 2008, clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality. It necessitates even greater scrutiny of health and safety, meaning organisations need to take careful stock of existing arrangements and, where necessary make new ones.
The old existing legislation is still in force sitting behind the CMCHA 2007, meaning that directors (controlling minds) can still go to prison.
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