Criminal law in English law
Part of the common law series
Classes of crimes
Summary  · Indictable
Hybrid offence  · Regulatory offences
Lesser included offence
Elements of crimes
Actus reus  · Causation  · Mens rea
Intention (general)  · Intention in English law
Recklessness  · Criminal negligence
Corporate liability  · Vicarious liability
Strict liability  · Omission
Concurrence  · Ignorantia juris non excusat
Inchoate offences
Incitement  · Conspiracy
Accessory  · Attempt
Common purpose
Crimes against the person
Common assault  · Battery
Actual bodily harm  · Grievous bodily harm
Offences Against The Person Act 1861
Murder  · Manslaughter
Corporate manslaughter  · Harassment
Public order and crimes against property
Criminal Damage Act 1971
Crimes of dishonesty
Theft Act 1968  · Theft  · Dishonesty
Robbery  · Burglary  · TWOC
Deception  · Deception offences
Blackmail  · Handling
Theft Act 1978  · Forgery
Computer crime
Sexual crimes
Rape  · Kidnapping
Crimes against justice
Bribery  · Perjury
Obstruction of justice
See also Criminal Procedure
Criminal Defenses
Other areas of the common law
Contract law  · Tort law  · Property law
Wills and trusts  · Evidence

Corporate manslaughter is a term in English law for an act of homicide committed by a company. In general, a legal person is in the same position as a natural person, and may be convicted for committing virtually all offences, under English criminal law. The Court of Appeal confirmed in one of the cases following the Herald of Free Enterprise disaster that a company can in principle commit manslaughter, although all defendants in that case were acquitted. Image File history File links Scale_of_justice. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In many common law jurisdictions (e. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ... A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ... In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... In the criminal law, corporate liability is an aspect of criminal vicarious liability and determines the extent to which a corporation as a fictitious person can be convicted of offences committed by the natural persons it employs. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... In the criminal law, an omission or failure to act will only constitute an actus reus (Latin for guilty act) and give rise to liability when the law imposes a duty to act and the defendant is in breach of that duty. ... Concurrence or Simultaneity is a legal term, from Western jurisprudence, referring to the simultaneous occurrence of actus reus (bad action) and mens rea (bad mind), which must be present for a crime to have occurred; except in crimes of strict liability. ... Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law is no excuse) is a legal doctrine holding that a person who is unaware of a law may not escape punishment for violating the law merely because they were unaware of the law; that is... An inchoate offense is a crime. ... Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ... In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, so a natural person identified with the mind of a legal entity cannot conspire with the company alone. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project with a common purpose that results in the commission of a crime. ... In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ... In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ... Assault Causing Actual Bodily Harm (ABH) Assault causing actual bodily harm (ABH) is an offence under Section 47 of the Offences Against the Person Act 1847. ... Grievous bodily harm or GBH is a type of assault resulting in, for example, broken bones or cuts to the skin. ... This page is a candidate to be copied to Wikisource. ... Harassment refers to a wide spectrum of offensive behavior. ... Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ... The Theft Act 1968 (1968 c. ... Everyday instance of theft: the bike which fits on this wheel has disappeared In the criminal law, theft (also known as stealing) is the wrongful taking of someone elses property without that persons freely-given consent. ... Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ... TWOC is an acronym standing for Taken Without Owners Consent. ... For the purposes of English law, deception is defined in s15(4) Theft Act 1968 and applies to the deception offences in the Theft Act 1968, and to the Theft Act 1978 and the Theft (Amendment) Act 1996. ... In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ... Blackmail is the crime of threatening to reveal substantially true information about a person to the public, a family member, or associates unless a monetary demand is met. ... A cars handling is a description of the way the car performs, particularly during cornering. ... The Theft Act 1978 supplemented to earlier Theft Act 1968. ... Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ... Computer Crime, E-Crime, Hi-Tech Crime or Electronic Crime is a crime in which a computer plays an essential part. ... Bribery is a crime defined by Blacks Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions as an official or other person in discharge of a public or legal duty. ... Perjury is lying or making verifiably false statements under oath in a court of law. ... Obstruction of justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (eg. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Homicide is the killing of another human being by one or more others. ... This article does not cite its references or sources. ... A legal entity or artificial person is a legal construct with legal rights or duties such as the legal capacity to enter into contracts and sue or be sued. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... M/S Herald of Free Enterprise was a roll-on roll-off (RORO) car and passenger ferry that sank on March 6, 1987, killing 193 passengers, due to negligence by the crew and company operating the ship. ...

Discussion

The common law test to impose criminal responsibility on a company (known as the "Identification Doctrine") only arises where there is a "controlling mind" whose actions and intentions can be imputed to the company (that is, a person in control of the company's affairs to a sufficient degree that the company can be fairly be said to think and act through him). This is tested by reference to the detailed work patterns of the manager, and the job title or description given to that person is irrelevant. But in most large companies, there is often no single person who acts as a "controlling mind", and many issues of health and safety are delegated to junior managers who are not "controlling minds". This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The principle of imputation reflects the general public policy underpinning the operation of the law which is that ignorantia juris non excusat, the Latin for ignorance of the law is no excuse. ... Occupational safety and health is the discipline concerned with preserving and protecting human and facility resources in the workplace. ...

On 6th March 1987, 192 people died when the Herald of Free Enterprise capsised. Although individual employees failed in their duties, the Sheen Report severely criticised P&O’s attitude to safety, stating:

All concerned in management ... were at fault in that all must be regarded as sharing responsibility for the failure of management. From top to bottom the body corporate was infected with the disease of sloppiness.

But there was significant institutional resistance to the appropriateness of using the criminal law in general, and homicide charges in particular in this type of situation. Judicial review of the coroner’s inquest persuaded the Director of Public Prosecutions to bring manslaughter charges against P&O European Ferries and 7 employees, but the trial judge ruled that there was no evidence that one sufficiently senior member of the company’s management could be said to have been reckless. Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ... A coroner is either the presiding officer of a special court, a medical officer or an officer of law responsible for investigating deaths, particularly those happening under unusual circumstances. ... An inquest is a formal process of state investigation. ... The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several jurisdictions around the world. ... In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus...

Despite its failure, the appeal following the prosecution at R. v. P & O Ferries (Dover) Ltd (1991) 93 Cr App Rep 72, confirmed that corporate manslaughter is a charge known to English criminal law, and with the revival of gross negligence as a mens rea for manslaughter, it was thought that prosecutions might succeed. But a prosecution of Great Western Trains following the Southall rail crash collapsed because no manager was also prosecuted. Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... The mens rea is the Latin term for guilty mind used in the criminal law. ... See Also Ufton Nervet rail crash Categories: Stub | British railway companies ... The Southall rail crash occurred on September 19, 1997, on the Great Western Railway line at Southall, west London. ...

Following R v Prentice (1993) 3 WLR 937, a breach of duty amounts to ‘gross negligence’ when there is:

indifference to an obvious risk of injury to health; actual foresight of the risk coupled with the determination nevertheless to run it; appreciation of the risk coupled with an intention to avoid it but also coupled with such a high degree of negligence in the attempted avoidance as the jury consider justifies conviction, and inattention or failure to advert to a serious risk which goes ‘beyond inadvertence’ in respect of an obvious and important matter which the defendant's duty demanded he should address.

The Law Commission’s Report 237 on Involuntary Manslaughter 1996 [1] argues that the gross negligence formula overcomes the problems of having to find one particular officer who has the mens rea for the offence and allows emphasis to be placed on the company’s attitude to safety. This question would only arise where the company has chosen to enter a field of activity which carries a risk to others, such as transport, manufacture or medical care. The steps the company has taken to discharge the “duty of safety” and the systems devised for running its business, will be directly relevant. Although only expressed as a provisional view, it is significant that the Law Commission echoes here the recognition of corporate safety systems voiced in the Seaboard case. Thus a real tension is exposed between the paradigm of criminal culpability based on individual responsibility and the increasing recognition of the potential for harm inherent in large scale corporate activity. The Law Commission is an independent body set up by Parliament in 1965 to keep the law of England and Wales under review and recommend necessary reforms. ... 1996 (MCMXCVI) is a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ...

A draft bill was published in early 2005, and the Queen's Speech on 17 May 2005 included a reference to an Act of Parliament to be passed in 2005/6 to widen the scope for prosecutions for corporate manslaughter. A company will commit the new offence of corporate manslaughter if its activities were managed or organised by its senior managers so as to cause a person's death and amounted to a "gross breach" of the duty of care owed to the deceased. As a fictitious person, a company cannot be imprisoned, but the penalty would be an unlimited fine. A bill can be one of: in American English, paper documents used as currency (notes in British English): see Banknote. ... Queen Beatrix of The Netherlands reads her countrys Speech from the Throne Queen Elizabeth II reads Canadas Speech from the Throne in 1977 The Speech from the Throne, sometimes referred to by the shorter term Throne Speech, is an event in certain monarchies in which the monarch (or... May 17 is the 137th day of the year in the Gregorian Calendar (138th in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... The term business entity refers generally to any organization engaged in business activities, regardless of legal structure. ...

References

• The Crown Prosecution Service website provides more information at [2]
• Wells, Celia. "Corporations: Culture, Risk and Criminal Liability", (1993) Criminal Law Review 551

The Crown Prosecution Service is the arm of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. ...

External link

• Draft bill and consultation paper (published by the Home Office, 23 March 2005)