Abstract

Recent rail accidents in the UK have focussed public attention on the role that companies play in the causes of incidents and accidents. Partly in response, the Westminster parliament has published proposals to change the legislation on corporate manslaughter. Previous incidents have had a similar impact in other countries. For example, the 2006 mining accident in Sago, West Virginia has prompted calls to recognize the responsibility that executive officers share in creating the conditions in which adverse events are likely to occur. There are strong parallels between this accident and the 1992 Westray mining disaster, which motivated significant changes in the Canadian jurisdiction. Similarly, the Longford explosion in Victoria prompted further reviews in Australia. The following pages provide an overview of the issues surrounding legislation for corporate manslaughter. The review focuses on existing provisions in Canada and Australia as well as recent proposals in England, Wales and Scotland. It forms part of a wider comparative analysis that is intended to help the formation of public policy over the reform of corporate manslaughter legislation.

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