Wednesday 15 July 2009

UK: the Corporate Manslaughter and Corporate Homicide Act 2007 - custody provisions - second progress report

The Ministry of Justice has published a second report explaining the progress made towards implementation of the custody provisions in the Corporate Manslaughter and Corporate Homicide Act 2007. Publication was accompanied by a written statement in Parliament on July 13 by the Parliamentary Under-Secretary of State for Justice (Claire Ward).

Section 2(1)(d) of the 2007 Act provides that the duty of care owed by a custody provider to a person in custody is a relevant duty for the purposes of the 2007 Act. This provision is not, however, in force and custody providers - including prisons, young offenders institutions as well as courts and police stations with custody areas - are therefore currently not subject to the Act.

The report states that it is most likely that the custody provisions will be brought into force by April 2011. It also notes the Government's intention to bring within the Act the detention and custody facilities of HMRC and the Ministry of Defence. For further information about the Act see here.

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