Corporate Manslaughter and Corporate Homicide Act 2007

Friday 18th March 2011 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

The Government will commence section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007. The Act, the majority of which came into force on 6 April 2008, creates an offence whereby an organisation can be found guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and this amounts to a gross breach of a relevant duty of care to the deceased.

Section 2(1)(d) of the Act makes the duty of care that a custody provider owes to certain persons who are detained a relevant duty of care for the purpose of the offence. However, its implementation was delayed to allow custody providers time to ensure they were compliant with the Act. Those custody providers subject to the Act have indicated that they are ready for this provision to be commenced, and the Government intend to do this by the summer.

The Act allows the Secretary of State to add further categories of persons in custody or detention to the list of those to whom a relevant duty of care is owed by reason of section 2(1)(d). The Secretary of State intends to extend the Act to cover persons detained in Ministry of Defence service custody premises and in UK Border Agency facilities not already covered by the Act at the same time as commencing the existing custody provisions.

Both the commencement and extension orders will be subject to an affirmative resolution of each House of Parliament.