NCJ Number
181769
Journal
Risk Management: An International Journal Volume: 2 Issue: 1 Dated: 2000 Pages: 7-16
Date Published
2000
Length
10 pages
Annotation
This paper assesses the law’s response to companies that have engaged in dangerous and unsafe practices that have caused injury or death to an employee or a member of the public in Great Britain, with emphasis on the construction of criminal offenses to deal with such corporate violence.
Abstract
The law responds to dangerous corporate and public agencies in several ways. These ways include administrative regulation, civil liability, or criminal liability. Criminal offenses relating can be structured in one of two ways: (1) a focus on risk creation; or (2) a focus on the harm done. Over the past 10 years, such cases have increasingly been considered within the mainstream of criminal offenses. For example, successful prosecutions have occurred for criminal manslaughter. Another trend over the past 10 years has been the significantly enhanced level of fines imposed. Current English law takes the rather restrictive approach that a fine is the only punishment that can be imposed on a company or a public agency. The Sentencing Advisory Panel established under the Crime and Disorder Act 1998 began presenting opinions to the Court of Appeal to help it form sentencing guidelines. Its first consultation paper dealt with sentencing for environmental offenses and recommended a more settled formula for determining the level of fines in cases involving companies. Forms of punishment other than fines could also be introduced; the Law Commission has proposed the imposition of remedial orders in addition to fines. 58 reference notes (Author abstract modified)