A Better way of Convicting Businesses of Avoidable Deaths and Injuries?

Abstract

The Law Commission’s proposal for an offence of “corporate killing” (modelled on the common law crimeof gross negligence manslaughter) is criticised for vagueness and imprecison, for not comprehending serious non-fatal injuries, and for failing to recognise that in the absence of clear rules of attribution, any criminal liability imposed on an organisation can only be for failing to prevent something happening. It is suggested that offences (patterned on those of causing death by dangerous, or by careless and drunken driving) of causing death or serious injury by breaking (statutory) regulations would be a much better way of holding businesses and similar bodies as well as individuals liable for death and serious injuries that would not have occurred if those regulations had been obeyed.