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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
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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: | 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 |
| Related URLs: | |
| URI: | https://mural.maynoothuniversity.ie/id/eprint/11654 |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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