On the 17th June 2009 the first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 is to be heard in the Stroud Magistrates Court.
The Crown Prosecution Service have brought of Corporate Manslaughter against Gloucestershire based Cotswold Geotechnical Holdings.
The charge follows the death of a Junior Geologist who was killed in September 2008 when the sides of a pit in which he was collecting soil samples collapsed and crushed him.
In November 2008 Rogers & Norton co hosted a seminar on the impact of the Corporate Manslaughter and Corporate Homicide Act 2007. The commencement of this prosecution is an important development from this seminar and as the prosecution progresses the manner in which the Court will deal with the evidential issues under the Act will be analysed. In addition if found guilty the Court’s new powers in sentencing can also be examined.
Under the Act the Court have the power to impose an unlimited fine. The fine in accordance with sentencing guidelines may be between 2.5% and 10% of a company’s gross turnover.
Aside from the financial sanctions the Court will also have the power to force an organisation to publicise its own guilt at its own expense if found guilty.
It is also of interest that apart from the Prosecution under the new Act the company are also being prosecuted for breaches of Section 2.1 of the Health & Safety at Work Act in failing to protect the deceased. Additionally, Company Director, Mr Peter Easton, is being charged personally with the offence of gross negligence manslaughter and further breaches of the Health & Safety at Work Act.
The case will inevitably be transferred to the Crown Court for Trial and it will be important for all businesses and advisors to watch this case develop and to establish how the Court deals with the evidential issues under the new Act and, if found guilty, their sentencing powers.
We will endeavour to provide further information on the case as and when this becomes available.
If you have any questions regarding the Act or this case please feel free to contact either:
Mark Hambling (email: mbh@rogers-norton.co.uk) Tel. 01603 675668
or Phil Kerridge (email: pnk@rogers-norton.co.uk) Tel. 01603 675612
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