1. Could it be You? Corporate Manslaughter
Helen Devery
BLM Manchester

2. Manslaughter cases 226 deaths in 2002/03 235 deaths in 2003/04
Since 1992
253 referred to CPD
69 prosecutions
18 convictions

3. Disasters No-one accountable for loss of life in major disasters
Herald of Free Enterprise, 1987
Kings Cross fire, 1987
Piper Alpha, 1988
Southall rail crash, 1997
Paddington rail crash, 1999
Potters Bar, 2002
Morecambe Bay, 2004
No-one accountable for loss of life in
major disasters

4. Hatfield 2000
Balfour Beatty
Network Rail
Managers charged

5. Current legislation Corporate manslaughter
A company can only be convicted if a company
officer can be
Shown to be guilty of manslaughter himself and
Identified as the ‘controlling mind’ of the company

6. Problem is one of… Identification Of a director who is blameworthy
The so-called ‘guilty controlling mind’
Direct casual link
Between director’s area of responsibility and resultant death

7. Identification problem
‘Where a corporation, through the controlling mind of one of its agents, does an act which fulfils the prerequisites of the crime of manslaughter, it is properly indictable for the crime of manslaughter’.
R v P&O European Ferries (Dover) Ltd
‘Unless an identified individual’s conduct,
characterisable as gross criminal negligence, can be attributed to the company, the company is not, in the present state of the common law, liable for manslaughter’.
Att. Gen. Ref No 2 of 1999

8. Corporate killers Pete Kite, 1994 Stephen and Julie Bowles, 1999
Brian Dean, 2002
John Horner, 2003
Convicted because they were small
companies with an easily identifiable
controlling individual

9. Peter Kite (Managing Director, OLL Ltd) 1994
Ignored previous advice
British Canoe Union Guidelines were not followed
Inadequate supervision

10. John Horner (Telgaard Hardwood) 2003
No safety policy
No risk assessments
No safe stacking procedure

11. Combating the problem? ‘A poisoned chalice’
Post of Health & Safety Director
Board members and the Health & Safety Policy

12. Reform
‘There is great public concern at the criminal law’s lack of success in convicting companies of manslaughter where a death has occurred due to gross negligence by the organisation as a whole’.
‘The law need to be clear and effective in order to secure public confidence and must bite properly on large corporations whose failure to set or maintain standards causes death. It is not targeted at conscientious companies that take their health & safety responsibilities seriously’.
David Blunkett, 21 May 2003

13. Proposals 1996 ‘Criminal Law, Involuntary Manslaughter’
The Law Commission
2002 ‘Reforming the Law on Involuntary Manslaughter’
2002 ‘Involuntary Manslaughter: Regulatory Impact Assessment’
The Home Office

14. Proposed legislation Corporate killing
A company will be convicted if it can be shown that:
A management failure caused the death; and
That failure constitutes conduct which fell ‘far’ below what could be reasonably expected
Problem of identification overcome?

15. To find management failure
What standard of safety could reasonably have been expected of this company offering services in this field
Did the standard attained fall far below the reasonable standard?
Did the failure to attain that reasonable standard cause the death of one or more individuals?

16. Individuals in the Dock?
Focus on corporate failings
But still possible to prosecute individuals for manslaughter where gross negligence causes death
And Directors still face prosecution

17. The way forward Increased scrutiny of management systems
Improvement of systems and assessments
Pragmatic approach
Learning from mistakes
Keeping up to date with issues

18. Managing the investigation Process
Seek early advice
Check the D&O Policy
Preservation of evidence
Understand privilege
Separate representation?
Maintain communication

19. Helen Devery BLM Manchester
Any Questions ?
Helen Devery
BLM Manchester