This site is intended for health professionals only

At the heart of general practice since 1960

Read the latest issue online

CAMHS won't see you now

Report this comment to a moderator

Please fill in the form below if you think a comment is unsuitable. Your comments will be sent to our moderator for review.

Report comment to moderator

Required fields.

Headline

GMC to offer GPs 'plea bargain' to avoid prolonged hearing process

Comment

Corporate Manslaughter and Corporate Homicide Act 2007 1The offence (1)An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised— (a)causes a person's death, and (b)amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased. (2)The organisations to which this section applies are— (a)a corporation; (b)a department or other body listed in Schedule 1; (c)a police force; (d)a partnership, or a trade union or employers' association, that is an employer. (3)An organisation is guilty of an offence under this section only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to in subsection (1). (4)For the purposes of this Act— (a)“relevant duty of care” has the meaning given by section 2, read with sections 3 to 7; (b)a breach of a duty of care by an organisation is a “gross” breach if the conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances; (c)“senior management”, in relation to an organisation, means the persons who play significant roles in— (i)the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or (ii)the actual managing or organising of the whole or a substantial part of those activities. (5)The offence under this section is called— (a)corporate manslaughter, in so far as it is an offence under the law of England and Wales or Northern Ireland; (b)corporate homicide, in so far as it is an offence under the law of Scotland. (6)An organisation that is guilty of corporate manslaughter or corporate homicide is liable on conviction on indictment to a fine. (7)The offence of corporate homicide is indictable only in the High Court of Justiciary.

Posted date

13 Oct 2014

Posted time

4:20pm

required
required
required