Should the law on corporate homicide be reformed?

Smith, Ashley (2021) Should the law on corporate homicide be reformed? LL.M(R) thesis, University of Glasgow.

Abstract

This work addresses whether Scots law on corporate homicide, as currently set out in the Corporate Manslaughter and Corporate Homicide Act 2007, should be reformed. Calls for reform have arisen against a backdrop of perceived inefficiency in the current law arising from the high profile public disasters and high number of industrial incidents in recent years. A consideration of this issue encompasses an examination of the legal framework on homicide in Scotland. A comparative approach is adopted to examining legal development prior to the CMCHA 2007. The effectiveness of the CMCHA 2007 is then examined with reference to English case law and issues highlighted as justification for reform are responded to. Taking into account these factors, the argument will be addressed as to whether the current law is effective or whether the reform is needed. It is concluded that there is no clear basis for reform at the present time.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Subjects: K Law > KD England and Wales > KDC Scotland
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: MacPherson, Dr. Rachel
• Date of Award: 2021
• Depositing User: Theses Team
• Unique ID: glathesis:2021-82439
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 21 Sep 2021 10:53
• Last Modified: 21 Sep 2021 10:53
• Thesis DOI: 10.5525/gla.thesis.82439
• URI: https://theses.gla.ac.uk/id/eprint/82439