Posted By Steve Cartwright
Any employee can be prosecuted under Section 7 of The Health and Safety at Work etc Act 1974.

Posted By Jay Joshi
The answer to your question is that :-
There is no direct individual liability in the Bill.

The Bill includes a clause for no individual liability, i.e
(1) An individual cannot be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter.


(2) An individual cannot be guilty of aiding, abetting, counselling or procuring, or being art and part in, the commission of an offence of corporate homicide.



The entire passage of the Corporate Manslaughter and Corporate
Homicide Bill in the 2005-06 & 2006-07 sessions of the parliament, if one is interested, can be accessed at:-

http://www.publications....d_corporate_homicide.htm

The amendments from the Lords dated 28 Feb 2007 are due to be considered by the House of Commons tomorrow i.e. 16 May 2007.

There is also a Health and Safety (Offences) Bill that was introduced as a private members bill. Unfortunately, just like the CDM 2007 Regulations, the opposition simply opposes it without seemingly understanding the reasons for reform in this area!

It had a second reading on 27 April 2007. Although the Bill had 23 for and 6 against, as a minimum 40 members were not present, Mr. Deputy Speaker declared that the Question was not decided, and the business under consideration stood over until the next sitting of the House.


The next debate on this will be on 18th May 2007

Details at:-
http://www.publications...._and_safety_offences.htm

Posted By Robert K Lewis
As mentioned only companies can be prosecuted for corporate amnslaughter. It is the actions of senior persons who have substantial control that can lead to such a charge.

The law for individual charges of manslaughter will not be changed and it is open to the police via the CPS to make the decision on proceeding with such a charge - Essentially it would be a Gross Negligence Manslaughter - whereby the person may be found guilty if their actions are so reckless as to be regarded as criminal.

The date is a moot point. Now the Commons have acceeded to the Lords then it would seem that sometime before or in October is the most likely.

Bob

Posted By Jay Joshi
It's official. The bill has received royal assent yesterday and comes into effect on 6th April 2008


http://www.gnn.gov.uk/Co...seID=303063&NewsAreaID=2


http://www.opsi.gov.uk/a...07/ukpga_20070019_en.pdf