Corporate manslaughter back in the news (20 April
2010)
As we reported last year, a legal milestone was reached in June
2009, with the first prosecution brought under the Corporate
Manslaughter Act 2007.
The case was due to be back in court this month. However, on
26th February, Bristol Crown Court adjourned the trial until
October 2010 because of the urgent medical treatment required by
the implicated director. A Crown Prosecution Service spokesperson
has since informed Health and Safety at Work magazine that another
pre-trial hearing will take place in July.
While acknowledging that such cases are still relatively rare,
we predicted that there would be a steady rise in the number of
these corporate manslaughter prosecutions.
Sure enough, on the 8th March, the London Evening Standard
reported that a man with a brain tumour had tragically died of
dehydration in St. George's Hospital, Tooting, after repeatedly
begging nurses for water. The paper went on to say:
'Homicide detectives are investigating and it is understood they
are examining the possibility of a corporate manslaughter charge
against the hospital'.
Elsewhere, a lift manufacturing and maintenance firm is facing
an unlimited fine after recently admitting liability for an
accident that killed 32-year-old Polish investment-banker,
Katarzyna Woja. The scene of the accident was a gym run by a
popular operator and it has admitted to breaching the Health &
Safety at Work Act.
The deceased woman's family and widower have launched civil
action in the High Court and could still win millions in
compensation. Representatives of the two companies would have been
facing personal prosecution, had this incident not occurred before
the Corporate Manslaughter Act took effect.
And these are not the only corporate manslaughter developments
of recent months.
In its final guidance document, published February 2010, the
Sentencing Guidelines Council confirmed that corporate manslaughter
fines 'may be millions of pounds and should seldom be below
£500,000'.
February also saw the Ministry of Justice (MOJ) announce that
firms convicted of corporate manslaughter could be forced to take
out adverts publicising their convictions.
According to the MOJ, the so-called publicity orders are thought
to be the first of their kind to be introduced in the UK and could
go as far as compelling the guilty company to place a statement on
its website, or in a newspaper, to provide details of their guilt.
Commenting on the publicity orders, Justice Minister, Maria Eagle
said:
'Forcing corporations and organisations to publicise their
conviction will be a powerful deterrent, making them think of the
reputational as well as financial risk of not taking their health
and safety responsibilities seriously.'
Remember:
- This legislation applies to businesses of all sizes
- You do not have to be guilty to be taken to court
- There does not need to be intent for you to be found guilty of
corporate manslaughter
We will keep you informed about these cases and their
implications for business in future editions.