Error parsing XSLT file: \xslt\FacebookOpenGraph.xslt Roddy Graham's Blog: 12 November 2009 - Manslaughter guidelines
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Roddy Graham's Blog: 12 November 2009 - Manslaughter guidelines

Date: 12 November 2009

Roddy Graham is chairman of the ICFM and commercial director of Leasedrive Velo

Much has been written about the UK Corporate Manslaughter (England, Wales and Northern Ireland) and Corporate Homicide (Scotland) Act, which came into force in April last year, but we have yet to see a successful motoring-related prosecution.

The first prosecution is due to be heard next February when Cotswold Geotechnical Holdings will be charged under section 2 of the Act after a young geologist sadly died when the walls of an excavation pit collapsed.

However, unfortunate as the circumstances were, this does not relate to driving at work. So when will we see the first motoring-related prosecution?

When the Act came into force, much play was made of the fact that companies could be fined up to 10% of their turnover. That certainly concentrated minds in boardrooms up and down the country but then various legal specialists doubted how successfully a case could be brought against a company for a death involving an 'at work' driver. To date it seems legal opinion has been justified on this score when more successful prosecutions can be pursued through the current list of motoring offences.

So have organisations been let off the hook? Draft guidelines have just been published indicating that organisations can be fined anything from half a million to several million pounds if found guilty under the Act.

Other health and safety offences could attract fines of £100,000 upwards.

Consultation is currently taking place on these draft guidelines with final ones to be published after 5 January 2010, no doubt in time for the aforementioned case in Bristol.

Now that an indication of the level of fines has been published, expect a rush by directors to legal advisors for a latest update but don't necessarily expect any motoring-related prosecution under the Act any time soon. More's the pity.

While the Act concentrated the minds of many organisations, a new death by careless driving offence, which came into force five months later, is considered by many in legal circles as potentially having far more wide-reaching consequences.

Simply talking or texting on a hand-held mobile phone at the fatal moment, or driving without proper insurance, could result in imprisonment for the driver.

Whatever, organisations need to pay due regard to their duty of care responsibilities under the various Acts and drivers need to pay due attention on the road.



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