CHAPTER 1

The Common Law Framework

Prior to the enactment of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007,1 the offense of corporate manslaughter in the United Kingdom relied upon the common law. The common law background is important because it highlights how corporate criminal liability has been plagued by the issue of how a corporation becomes criminally liable, and also because the existing common law offense of gross negligence manslaughter continues to apply to individuals, even after the enactment of CMCHA.

In common with the position under U.S. law, criminal liability in the United Kingdom typically requires the establishment of a prohibited act or conduct, together with an accompanying, and concurrent, mental attitude ...

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