The first prosecution for corporate manslaughter will give companies a better indication of how the new law will work in practice, according to a law firm.
Cotswold Geotechnical Holdings, of Birdlip in Gloucestershire, faces charges over the death of junior geologist Alexander Wright, who was taking soil samples from inside a pit near Stroud when the sides of the pit collapsed and crushed him.
The company has been charged with corporate manslaughter, and with health and safety offences. Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation can be convicted of the offence if its activities are organised in such a way that it breached its duty of care to the person who died. There has to be evidence of senior management failure.
Steffan Groch, a partner with DWF and a health and safety lawyer, said: ‘If the company pleads not guilty, we might see an exploration of what the terms “senior manager” and “falling far below” in the duty of care actually mean.
‘On the other hand, if it pleads guilty, we will still get to learn something, such as how big the fines are likely to be. The sentencing guidelines for the Act have not yet been finalised, and the judge will be aware that this is the first prosecution, and may apply a larger fine.’
Register now for full access
Register just once to get unrestricted, real-time coverage of the issues and challenges facing UK transport and highways engineers.
Full website content includes the latest news, exclusive commentary from leading industry figures and detailed topical analysis of the highways, transportation, environment and place-shaping sectors.
Use the link below to register your details for full, free access.
Already a registered? Login
