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Corporate killing law 'soon'
Page 12
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The laws on corporate manslaughter are about to change, making it easier to prosecute companies following fatal accidents. Guy Sheppard reports.
PROSECUTION OF truck companies whose mismanagement kills is about to become much easier, according to a legal research organisation.
This follows a ruling by the Scottish Court of Criminal Appeal which says that the blame for work-related deaths can now be pinned on a group of people rather than just on individuals.
David Bergman, director of the Centre for Corporate Accountability (CCA), says it is usually very difficult to identify an individual as the culprit in such cases, particularly if they work in a large company.
"It does open up the possibility of the Crown Office prosecuting more companies for culpable homicide in the future," he warns.
In English law companies cannot be prosecuted unless there is clear evidence that someone in control of the company was to blame for the death.
But Bergman says the Home Office is due to publish proposals next month (February) to reform England's corporate manslaughter laws.
"We expect them to be similar to Scotland's, removing the narrow test of requiring one individual to be culpable before prosecution can take place," he adds.
During one week last month CCA says it knows of a least 10 people who died in work related incidents including one' Diggle, Manchester in which gritter overturned.
Chris North, marketing execu tive at the Road Haulage Associa tion's Insurance Services.says that one obvious area where haulage companies are exposed to corporate manslaughter charges is when an employee is told to continue driving despite complaining of tiredness. "Vehicle maintenance is another important area as are loading and unloading a vehicle and manoeuvring," he adds.
"When the ultimate sanction is imprisonment our view is very much that prevention is better than cure by making sure that the right processes. procedures and practices are in place."