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On 01.09.11, by operation of the Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment) Order 2011 No. 1867, the provisions of section 1(d) of the Corporate Manslaughter and Corporate Homicide Act 2007 came into force. A police force could henceforth be criminally liable for corporate manslaughter if the way in which its activities are managed or organised causes a person’s death and amounts to a gross breach of a relevant duty of care owed by the force to the deceased. A relevant duty of care exists, inter alia, where a person is detained at a police station.
The operation and significance of this legislation will be addressed in detail by Jeremy Johnson QC and Beatrice Collier in the November addition of the Police Law Update. Please contact Mark Waller if you would like any further assistance in the interim.