MURAL - Maynooth University Research Archive Library



    Criminal Liability for Deaths in Prison Custody: The Corporate Manslaughter and Corporate Homicide Act 2007


    Doyle, David M. and Scott, Suzanne (2016) Criminal Liability for Deaths in Prison Custody: The Corporate Manslaughter and Corporate Homicide Act 2007. The Howard Journal of Crime and Justice, 55 (3). pp. 295-311. ISSN 2059-1098

    [img]
    Preview
    Download (146kB) | Preview


    Share your research

    Twitter Facebook LinkedIn GooglePlus Email more...



    Add this article to your Mendeley library


    Abstract

    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.

    Item Type: Article
    Keywords: corporate manslaughter; custodial deaths; senior management test; corporate liability; identification doctrine; HM Prison Service; public body; accountability; gross negligence; prison management structures; duty owed to prisoners;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 11654
    Identification Number: https://doi.org/10.1111/hojo.12171
    Depositing User: David Doyle
    Date Deposited: 07 Nov 2019 16:39
    Journal or Publication Title: The Howard Journal of Crime and Justice
    Publisher: John Wiley & Sons Ltd
    Refereed: Yes
    URI:

    Repository Staff Only(login required)

    View Item Item control page

    Downloads

    Downloads per month over past year