13 research outputs found
Criminal Liability for Deaths in Prison Custody: The Corporate Manslaughter and Corporate Homicide Act 2007
This article explores a provision of the Corporate Manslaughter and Corporate
Homicide Act 2007, which has been neglected by criminologists and legal scholars – the
application of the legislation to deaths in custody. The article argues that proving the
liability of a prison based on the definition of ‘senior management’ in the Act may reflect
the problems associated with establishing the guilt of corporate bodies under the common
law identification principle and that the ‘senior management’ test may nullify the intent
of Section 2(1)(d) and undermine the capacity of the Crown Prosecution Service (CPS)
to convict a prison for an avoidable death in custody