CORPORATE KILLING: CROWN BODIES AND UNINCORPORATED ASSOCIATIONS

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CORPORATE KILLING CROWN BODIES AND
UNINCORPORATED ASSOCIATIONS

• Murray Hunt

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PART I OUTLINE

• Right to Life Principles under the ECHR
• Compatibility of Current Law with ECHR
• Convention implications of restricting scope of
  new offence of Corporate Killing

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ARTICLE 2(1) ECHR

• Everyones right to life shall be protected by
  law. No one shall be deprived of his life
  intentionally save in the execution of a sentence
  of acourt following his conviction of a crime for
  which this penalty is provided by law.

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THREE OBLIGATIONS

• Negative duty not to take life
• Positive duty to take reasonable steps to
  safeguard life
• Procedural duty to investigate

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BASIC PRINCIPLES

• Criminal liability required for serious
  violations of Article 2
• Defences to criminal liability may give rise to
  violations
• Criminal law must protect against other
  individuals
• Vulnerability of victim relevant

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THE PROCEDURAL OBLIGATION

• Objective
• Minimum requirements
• Family involvement

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COMPATIBILITY OF CURRENT LAW

• Gross negligence manslaughter
• Principle of attribution
• Crown Immunity

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POSSIBLE RESTRICTIONS ON SCOPE OF NEW OFFENCE

• Crown Immunity
• Unincorporated Associations
• Organisations not covered

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POTENTIAL CONVENTION PROBLEMS

• Article 2
• Article 13
• Article 14