Monday 1 August 2011

UK: corporate manslaughter - custody and detention

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 3) Order 2011 was made on July 25: see here or here (pdf). On the same day The Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment) Order 2011 was made: see here or here (pdf). An explanatory memorandum relating to both Orders is available here (pdf).

The purpose of the first Order is to bring into force, on September 1, section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act (2007), which contains the duty of care that certain organisations owe to persons who are held in detention or custody. The second Order amends section 2(2) of the 2007 Act to include two categories of persons not covered by the Act: persons detained in service custody premises which are the responsibility of the Ministry of Defence and persons detained for customs purposes in custody areas of UK Border Agency offices.

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