Rise in corporate manslaughter cases

The number of corporate manslaughter cases opened by the CPS increased to 63 last year, from 45 in 2011 and 26 the year before, it has emerged. According to CPS figures, 56 are currently being investigated.

Simon Joyston-Bechal, partner at Pinsent Masons, said high-risk industries could not be reassured by the fact that until now there had only been three convictions.

“The three convictions so far are just the tip of an iceberg,” Joyston-Bechal said. “A low number of convictions could lead businesses to think corporate manslaughter is an option little-used by prosecutors.

“However, corporate manslaughter cases are very complex and can take a long time to come to trial. We can now see from these figures that there are a rapidly growing number of cases in the pipeline.”

Pinsent Masons acted for Cotswold Geotechnical Holdings in the first corporate manslaughter case to be prosecuted, following the death of geologist Alex Wright.

Joyston-Bechal went on: “To date, it has taken two to four years for a conviction to be secured following a fatality. The offence has only applied to fatalities since 2008, so it is still very early days in terms of convictions.

“The first corporate manslaughter conviction in 2011 related to a 2008 fatality. The second conviction in 2012 related to a 2010 fatality, while the third conviction in 2012 related to a fatality four years prior, in 2008.”

Joyston-Bechal said: “Some have criticised the police and the CPS for the apparent under-use of a major new tool, but these figures show that prosecutors are increasingly active in pursuing corporate manslaughter, albeit slowly.”

He warned companies against cutting their health and safety budgets during the recession.

“Companies that do this could find their cost-cutting decisions leave them liable for prosecution if there is an accident.

“Cutting corners on safety in order to save money is probably the most serious aggravating feature of an offence. This makes it more likely there would be a prosecution and increases the sentence on conviction, as well as the degree of adverse probability and damage to reputation.”