Attributing Criminal Responsibility for Workplace Fatalities and Deaths in Custody: Corporate Manslaughter in Britain and Ireland

Abstract

This comparative study examines the difficulties associated with criminalising the predominantly male phenomena of culpable workplace fatalities in Britain and Ireland. Unlike Ireland, Britain has progressed proposals for statutory reform into law, extending liability not only to companies but also to a range of public bodies − including HM Prison Service − whose functions are most likely to involve causing deaths. However, the Corporate Manslaughter and Corporate Homicide Act 2007 has not yet been invoked for a single death in prison custody or, for that matter, a fatality in any other complex large-scale organisation in the public or private sector.

Keywords: Corporate Manslaughter, Workplace Fatalities, Deaths in Custody

JEL Classification: K14,