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Corporate Manslaughter (England And Wales)
Corporate manslaughter is a criminal offence in English law, being an act of homicide committed by a company or organisation. In general, in English criminal law, a juristic person is in the same position as a natural person, and may be convicted for committing many offences. The Court of Appeal confirmed in one of the cases following the ''Herald of Free Enterprise'' disaster that a company can, in principle, commit manslaughter, although all defendants in that case were acquitted.''R. v. P & O Ferries (Dover) Ltd'' (1991) 93 Cr App Rep 72 ( citation explained). Theory and historical development The common law test to impose criminal responsibility on a company only arises where a person's gross negligence has led to another person's death and (under the "identification doctrine") that person is a "controlling mind", whose actions and intentions can be imputed to the company (that is, a person in control of the company's affairs to a sufficient degree that the company can fair ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Offence
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill (proposed Law)
A bill is a proposal for a new law, or a proposal to substantially alter an existing law. A bill does not become law until it has been passed by the legislature and, in most cases, approved by the Executive (government), executive. Bills are introduced in the legislature and are there discussed, debated on, and voted upon. Once a bill has been enacted into law by the legislature, it is called an ''Act of Parliament, act of the legislature'', or a ''statute''. Usage The word ''bill'' is mainly used in English-speaking nations formerly part of the British Empire whose legal systems originated in the common law of the United Kingdom, including the United States. The parts of a bill are known as ''clauses'', until it has become an act of parliament, from which time the parts of the law are known as ''sections''. In nations that have civil law (legal system), civil law systems (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law is known as a "law projec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary For voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring. The first term is prevalent in the United Kingdom, the second is prevalent in the Commonwealth, and the third one is prevalent in the United States. Work The functions of a law commission body include drafting revised versions of confusing laws, preparing consolidated versions of laws, making recommendations on updating outdated laws and making recommendations on repealing obsolete or spent laws. Law commissions often undertake projects focusing on legislation, although their mandates may be narrower or broader. List of law commissions *: Australian Law Reform Commission **New South Wales: New South Wales Law Reform Commission ** Victoria: Victorian Law Reform Commission **Western Australia: Law Reform Commi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Health And Safety At Work Act 1974
The Health and Safety at Work etc. Act 1974 (c. 37) (HSWA 1974, HASWA or HASAWA) is an act of the Parliament of the United Kingdom that defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom. The act defines general duties on employers, employees, contractors, suppliers of goods and substances for use at work, persons in control of work premises, and those who manage and maintain them, and persons in general. The act enables a broad regime of regulation by government ministers through statutory instruments which has, in the years since 1974, generated an extensive system of specific provisions for various industries, disciplines and risks. It established a system of public supervision through the creation of the Health and Safety Commission and Health and Safety Executive, since merged, and bestows extensive enforcement powers, ultimately backed by criminal sanctio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyme Bay Canoeing Tragedy
The Lyme Bay canoeing disaster occurred in Lyme Bay, Southern England on 22 March 1993. Four teenagers died after getting into difficulty while on a sea kayaking trip from Lyme Regis to Charmouth. The incident led to reforms in the way in which activity centres were accredited in the United Kingdom and the passage of The Activity Centres (Young Persons' Safety) Act 1995. Incident On 22 March 1993 at around 10 am, a group of eight schoolchildren and their teacher from Southway Community College, Plymouth were accompanied by two instructors from St Albans Outdoor Centre on a kayak trip in Lyme Bay from Lyme Regis to Charmouth, a distance of around two miles. The group ran into issues shortly after setting off. One of the students, Dean Sayer, capsized while still close enough to the shore to stand up. Norman Pointer, the group's teacher, also capsized a number of times leading to one of the instructors, Tony Mann, staying behind to assist. While Tony Mann assisted the group ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Southall Rail Crash
The Southall rail crash occurred on 19 September 1997, on the Great Western Main Line at Southall, West London. An InterCity 125 high speed passenger train (HST) failed to slow down in response to warning signals and collided with a freight train crossing its path, causing seven deaths and 139 injuries. The passenger train operating company had failed to inform Railtrack and the signaller that the automatic warning system (AWS), which warns drivers of adverse signals, had been turned off in the cab of the HST. As a result, the signaller set a route which would stop the HST and allow the freight train to cross in front of it. If the signaller had known that the AWS in the express was not working, he would have been prevented by the operating rules from setting a conflicting route. The HST driver did not apply the brakes until it was too late because he was packing his bag and did not see the cautionary signals. He was charged with manslaughter by gross negligence, but the charges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Great Western
First Greater Western, trading as Great Western Railway (GWR), is a British train operating company owned by FirstGroup that provides services in the Greater Western franchise area. It manages 197 stations and its trains call at over 270. GWR operates long-distance inter-city services along the Great Western Main Line to and from the West of England and South Wales, inter-city services from London to the West Country via the Reading–Taunton line, and the '' Night Riviera'' sleeper service between London and Penzance. It provides outer-suburban services in West London; commuter services from its London terminus at to the Thames Valley region, including parts of Berkshire and Buckinghamshire, and Oxfordshire; and regional services throughout the West of England and South Wales to the South coast of England. Great Western Railway also operates the Heathrow Express service. The company began operating in February 1996 as Great Western Trains, as part of the privatisation o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
P&O European Ferries
P&O European Ferries (formerly Townsend Thoresen), a division of P&O Ferries, was a ferry company which operated in the English Channel from 1987 after the ''Herald of Free Enterprise'' disaster, when '' Townsend Thoresen'' was renamed ''P&O European Ferries'', until 1999 when the Portsmouth Operations became P&O Portsmouth and the Dover Operations were merged with Stena Line AB to make P&O Stena Line. History P&O European Ferries was formed after the Townsend Thoresen ship, Herald of Free Enterprise, capsized outside Zeebrugge in 1987. P&O owned the whole of European Group who marketed their ferry services as Townsend Thoresen. After the bad publicity that the Zeebrugge disaster brought to the brand P&O quickly rebranded Townsend Thoresen as P&O European Ferries with all of the former TT fleet, all of the vessels received the Blue P&O hull and blue funnel. In 1993 P&O launched a new Portsmouth to Bilbao route using the former ''Olympia'' and renamed her the Pride of Bilbao ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
