Calling for time limit on prosecutions for corporate manslaughter

After 11 years in the waiting, the Corporate Manslaughter and Homicide Act 2007 finally took effect on 6th April 2008.

The aim of the Act was to make it easier for organisations to be convicted of the offence of corporate manslaughter.

Kevin Elliot, regulatory partner at Eversheds LLP, explains that the lack of convictions to date is not due to any fault in the legislation. Over the past year, a number of rigorous investigations have been initiated by police into work-related deaths but the slow speed of these enquiries is having a debilitating effect.

Whilst there have not been any prosecutions this year, organisations must not conclude that the new law is ineffective, or that regulators have no appetite to prosecute. There are a number of police investigations underway which could lead to a prosecution.

Police understandably want to ensure convictions and in certain cases, are taking hundreds of statements to try and establish a picture of how the organisation managed health and safety. However, in some cases this is having an unnecessarily debilitating effect on the businesses involved, by forcing owners to abandon exit strategies or affecting the company's relationships with its lenders. There is no time limit within which a prosecution for corporate manslaughter can be brought, but the length of time these investigations are taking is causing huge uncertainty for those organisations being investigated.

We will have to wait and see what area of business operations will be the focus for the first prosecution. However, work-related driving remains a risk that is not always given the same amount of attention as some other areas of health and safety management. Statistically there are many more work-related deaths on the road than in the traditional workplace. Businesses should not be complacent and ensure they are fully compliant with the latest health and safety regulations and guidance.