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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 fairl ... [...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 of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peninsular And Oriental Steam Navigation Company
P&O (in full, The Peninsular and Oriental Steam Navigation Company) is a British shipping and logistics company dating from the early 19th century. Formerly a public company, it was sold to DP World in March 2006 for £3.9 billion. DP World currently operate several P&O branded businesses, P&O Ferries, Istithmar World, Istithmar P&O Estates, and P&O Maritime Logistics. It also operates P&O Heritage, which is the official historic archive and collection of P&O. P&O Cruises was sold in 2000, and is now owned and operated by Carnival Corporation & plc. The former shipping business, P&O Nedlloyd, was bought by and is now part of Maersk Line. History Early years and expansion: 1822–1900 In 1822, Brodie McGhie Willcox, a London ship broker, and Arthur Anderson (businessman), Arthur Anderson, a sailor from the Shetland Isles, went into partnership to operate a shipping line, primarily operating routes between England and Spain and Portugal. In 1835, Dublin shipowner Captain Ric ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill (proposed Law)
A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' act of the legislature'', or a ''statute''. Bills are introduced in the legislature and are discussed, debated and voted upon. Usage The word ''bill'' is primarily used in Anglophone United Kingdom and 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 Napoleonic law nations (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law may be known as a "law project" (Fr. ''projet de loi''), which is a government-introduced bill, or a "law proposition" (Fr. ''proposition de loi''), a private member's bill. For example the Dutch parliamentary system does not make this terminological distinction (''wetsontwe ... [...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 In 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 *: the Law Commission of Canada was established by the Law Commission of Canada Act on July 1, 1997 and was eliminated in 2006. It replaced the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Health And Safety At Work Act 1974
The Health and Safety at Work etc. Act 1974c 37 (abbreviated to "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 Instrument 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 crimi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyme Bay Canoeing Tragedy
The Lyme Bay kayaking disaster was a 1993 incident that led to the death of four teenagers on a sea kayaking trip in the Lyme Bay area on the south coast of England. The incident led to legislation to regulate adventure activities centres working with young people in the United Kingdom. Incident On 22 March 1993, at 10.15 am, a group of eight schoolchildren, aged 16 – 17yrs, and their teacher from Southway Community College, Plymouth were accompanied by two instructors from St Albans Outdoor Centre on a kayak trip across Lyme Bay, in red Mirage Scout Kayaks. It was a sunny Sunday morning when the group set out. The party consisted of eight teenagers and two trainee instructors; a young man and a young woman. The trip should have taken about 2 hours. The instructors were later to be discovered to have had very minimal training and had only recently started in the sport themselves. Although the party intended to cross an open stretch of tidal water they had not informed the c ... [...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
Great Western Railway (GWR) is a British train operating company owned by FirstGroup that operates the Greater Western passenger railway franchise. 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 also provides commuter and outer-suburban services from its London terminus at Paddington to West London, the Thames Valley region including parts of Berkshire, parts of Buckinghamshire and Oxfordshire; and regional services throughout the West of England and South Wales to the South coast of England. Great Western Railway also provides and maintains the Electrostar Class 387 fleet for Heathrow Express. The company began operating in February 1996 as Great Western Trains, as part of the pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . 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 eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. 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. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Director Of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations. Australia Australia has a Commonwealth Director of Public Prosecutions, which was set up by the ''Director of Public Prosecutions Act 1983'' and started operations in 1984. The eight states and territories of Australia also have their own DPPs. The Office of DPP operates independently of Government. Ultimate authority for authorising prosecutions lies with the Attorney General. However, since that is a political post, and it is desired to have a non-political (public service) post carry out this function in most circumstances, the prosecutorial powers of the AG are normally delegated to the DPP. It is common for those who hold the office of Commonwealth or State DPP later to be appointed to a high judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
