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Page 28
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A manslaughter charge can attract life imprisonment. This has rarely been applied in workplace manslaughter charges, but driver Paulo Jorge da Silva was recently given a three-year prison sentence for causing the death of a family of six (CM 23 October 2008) and haulage company director Melvyn Spree was jailed for seven years after being convicted of manslaughter.
The maximum penalty for corporate manslaughter is an unlimited fine, coupled with remedial orders and publicity orders.
The Health and Safety Offences Act 2008, which came into force this January, has increased the level of fines for flouting health and safety issues to E20,000 if it is imposed in a magistrates court. Magistrates will soon be able to impose up to 12 months imprisonment for the same offence. If the case is taken to a crown court, the level of fines is unlimited.
Operators are obliged to report all convictions to their regional Traffic Area Office and the Traffic Commissioner may decide to take action against the 0-licence of operators guilty of serious offences.