Greater number of corporate manslaughter prosecutions
An increasing number of prosecutions for corporate manslaughter are being brought against businesses where deaths occur as a result of serious management failures.~
There have only been three convictions so far since the Corporate Manslaughter and Corporate Homicide Act 2007 came into force in April 2008—but these are just the “tip of the iceberg”, says Simon Joyston-Bechal, partner at law firm Pinsent Masons.
In fact, the number of new corporate manslaughter cases opened by the Crown Prosecution Service has risen by 40%, from 45 in 2011 to 63 in 2012, according to figures gathered by Pinsent Masons. A total of 141 cases have been opened since records began in 2009, and 56 cases are currently still under investigation.
“A low number of convictions could lead businesses to think corporate manslaughter is an option little used by prosecutors,” says Joyston-Bechal, who acted for the defence in the first prosecution.
“However, corporate manslaughter cases are complex and can take a long time to come to trial.”
Gerard Forlin QC says the increase is a warning for companies and organisations that “any death in the workplace scenario will trigger a full police investigation and inquest”.
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