Archive for the ALL LATEST NEWS - MANSLAUGHTER - Category

MANSLAUGHTER CONVICTION OVER TRENCH DEATH

Posted on 11th March 2018
Property developer found guilty of gross negligence manslaughter

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REVIEW 2016: KEY DEVELOPMENTS FOR 2017 ONWARDS

Posted on 5th January 2017
New approaches, simplification, health and more…

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CORPORATE MANSLAUGHTER CASE SENTENCED

Posted on 25th November 2013
Fine in banana boat ride death case has few lessons for construction

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CORPORATE MANSLAUGHTER: REVIEW OF ISSUES

Posted on 15th May 2013
International law firm provide review and ‘pointers’ on CMCH Act

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UPDATE ON DIRECTOR LEADERSHIP IN HEALTH AND SAFETY

Posted on 23rd May 2011
HSE Board rejects further regulation on leadership and director duties

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MANAGEMENT AND GROSS NEGLIGENCE MANSLAUGHTER

Posted on 2nd March 2011
Operational managers face manslaughter charges after fire-fighter deaths

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CORPORATE MANSLAUGHTER ACT 2007 TRIAL UPDATE

Posted on 14th February 2011
Evidence from unwell director heard through DVD presented to court

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MAINTENANCE DIRECTOR FACES MANSLAUGHTER CHARGE

Posted on 22nd November 2010
Fatal fall through store rooflight lands company boss facing court trial

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DIRECTOR MANSLAUGHTER CASE HITS BUFFERS

Posted on 2nd November 2010
Corporate Manslaughter prosecution proceeds as case against director halted

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POTTERS BAR RAIL CRASH INQUEST OPENS

Posted on 1st June 2010
Regulator investigation ‘open’ until the Coroner’s inquest concluded

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THE ABC&D OF CLIENT CDM DUTIES

Posted on 23rd January 2010
CDM clients must wake up and smell the coffee in 2010

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INQUEST INTO CRANE DEATH HALTED

Posted on 18th September 2009
Witness refusal to answer questions causes inquest delay

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CORPORATE MANSLAUGHTER FINES

Posted on 24th November 2008
Delay before fines under Corporate Manslaughter Act clarified 

The Sentencing Guidelines Secretariat has indicated that sentencing guidelines in respect of the Corporate Manslaughter and Corporate Homicide Act 2007 will not be published until early 2009. The Ministry of Justice had originally suggested that the guidelines would be ready in Autumn 2008. 

Comment: This is a major piece of law and it is surprising that it came into force without sentencing guidelines established. Boardrooms will remain in doubt for some months to come. The consultation document suggested fines of 2.5 -10% of annual turnover. We unaware of any prosecutions commenced under the new Act although there are Police / HSE investigations ongoing.


CORPORATE MANSLAUGHTER UPDATE

Posted on 14th November 2008
Investigations put directors and managers under the spotlight 

The Corporate Manslaughter and Corporate Homicide (CMCH) came into force in April 2008. Since that time we are aware of over 30 deaths in the construction industry that will now be under investigation by the Police and/or HSE. In many cases, offences under CMCH will be ruled-out rapidly and the investigation will become the sole jurisdiction of HSE. For example, where the deceased is the only dutyholder or where there is overwhelming evidence that the incident is the result of unforeseeable action by the deceased. 

A proportion of the deaths since April 2008 have occurred on larger projects involving major clients and contractors. Deaths on such projects will be the most challenging for both investigators and those working in the investigated organisations. Informal feedback on live CMCH investigations suggests:

  • managers are being arrested at work as part of the investigations;
  • investigations are being conducted in an extremely rigorous manner;
  • site staff are being considered as part of ‘senior management';
  • police investigators are being supported effectively with HSE expertise;
  • significant time is being spent within investigated organisations and;
  • police are treating the CMCH offence as one step down from murder.

Comment: Rigorous, lengthy and wide ranging investigations were always likely to result from the introduction of CMCH and directors and managers can do very little to change this process. It is therefore vital that directors and managers focus upon matters that can be influenced including:

  1. Reviewing how your organisation measures up to the practical CMCH Guidance for directors and;
  2. Revitalising your existing health and safety management system to increase the likelihood that what should be done is being done throughout your organisation. 

MANSLAUGHTER VERDICT UPDATE

Posted on 1st September 2008
HSE issue warning after jailing of director 

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CORPORATE MANSLAUGHTER GUIDANCE

Posted on 29th August 2008
Crown Prosecution Service publish manslaughter guidance

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CORPORATE MANSLAUGHTER

Posted on 13th August 2008

Firm cleared of corporate manslaughter after explosion death

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