Posts Tagged ‘Corporate Manslaughter’

Scotland Yard is considering bringing a corporate manslaughter charge against the world’s largest private security firm over the death of an Angolan deportee. Read the rest of this entry »

The first Corporate Manslaughter case in the UK has been adjourned due to the ill health of the Defendant.

The case started on Tues 23 Feb at Bristol Crown Court where the Judge directed that it would be unfair to expect the defendant to appear in such a state of ill health.

The CEO of Cotswold Geotechnical Holdings faces Corporate Manslaughter and Gross Negligence Manslaughter charges over the death of a worker in 2008.

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The first Corporate Manslaughter case starts in Bristol Crown Court today.

We reported on the particulars to the case the other day.

Watch this space

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The countrys first corporate manslaughter case starts at Bristol Crown Court on the 23 Feb 2010.

Cotswold Geotechnical Holdings, and its director Peter Eaton, faced Stroud Magistrates Court in Sept 2009 for gross negligence manslaughter over the death of a young geologist in Gloucestershire in September of 2008.

The landmark charge was recorded against the company, the court heard, because of the way in which the organisations activities were managed or organised, caused the death of a person, namely Alexander James Wright by gross negligence, which amounted to a gross breach of a relevant duty of care owed to the deceased, contrary to section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.

The company faces an unlimited fine and Mr Eaton, who is charged with gross negligence manslaughter under common law, faces a maximum sentence of life imprisonment.

The prosecution is the first brought under the Corporate Manslaughter Act 2007, which aimed to made it easier for firms to be brought to justice over the death of their employees.

Alexander Wright was taking soil samples from a development site near Stroud when the pit he was working in collapsed, killing him.

Gloucestershire company Cotswold Geotechnical Holdings has become the first firm in the UK to be charged under the new corporate manslaughter laws.

It’s over the death of Alexander Wright on 5 September 2008. Mr Wright, a junior geologist, was taking soil samples inside specially-dug pit when the sides collapsed and crushed him.

The case is being heard on the 23 Feb 2010 at Bristol Crown Court.

Corporate Manslaughter sentencing guidelines have been finalised and publishes.

Initially the Sentencing Advisory Panel (SAP) issued recommendations that in cases of Corporate Manslaughter the penalties should be £500,000 and in most cases 2.5-10% of turnover based on gross turnover for the previous 3 year period..

This has been rejected by the Sentencing Guidelines Council (SGC) on the grounds that it would be un infoceable especially in the 3rd Sector.

The SGC has now said fines imposed should very rarely fall below the £500,000 threshold and could be in the £m.

As well as the £500,000 Corporate Manslaughter guide there will be a publicity order placed on companies making it compulsory to notify the press and other Media of sentence. Non compliance with this order will result in further Court action and fines.

This has been broadly welcomed by IOSH but it seems from their statements they were hoping for the former.

Guidelines have also been issued for Death caused by Health and Safety breaches which as the SGC say should rarely fall below £100,000 and in most cases should be hundreds of £000 and more.

For more information call us.

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Corporate Manslaughter sentencing guidelines have been finalised and publishes.

Initially the Sentencing Advisory Panel (SAP) issued recommendations that in cases of Corporate Manslaughter the penalties should be £500,000 and in most cases 2.5-10% of turnover based on gross turnover for the previous 3 year period..

This has been rejected by the Sentencing Guidelines Council (SGC) on the grounds that it would be un infoceable especially in the 3rd Sector.

The SGC has now said fines imposed should very rarely fall below the £500,000 threshold and could be in the £m.

As well as the £500,000 Corporate Manslaughter guide there will be a publicity order placed on companies making it compulsory to notify the press and other Media of sentence. Non compliance with this order will result in further Court action and fines.

This has been broadly welcomed by IOSH but it seems from their statements they were hoping for the former.

Guidelines have also been issued for Death caused by Health and Safety breaches which as the SGC say should rarely fall below £100,000 and in most cases should be hundreds of £000 and more.

For more information call us.

Sent from my BlackBerry® wireless device

New sentencing guidelines have been brought in for prosecution under the new Corporate Manslaughter and Health & Safety Offences causing death on Tuesday 27th October 2009.

In short, where a serious form of harm or where a death at work occurs, which can be attributable to a failure of the organisations risk management protocols and procedures, a company is looking at a minimum fine of no less than £500,000.00, and possibly an even higher fine of 2.5 per cent to 10 per cent of its annual turnover over the previous three tear period.

The bottom line baseline fine, for a first time offender (an organisation not an individual) pleading not guilty, is very likely to be 5 per cent of the organisations average annual turnover during the three years prior to sentencing.

After taking into account any mitigating factors, the Court would then arrive at a fine that will fall within the range of 2.5 to 10 per cent of the companies average annual turnover over the previous three years.

In addition, a minimum level of fine has also been set which a fine would not fall below. It has been proposed that this minimum fine would be no less than £500,000.00.The Sentencing Council, who published these guidelines on Tuesday the 27th October, stated that: ‘whilst the effect on employment of the “innocent” may be a relevant factor, the effect on shareholders, directors and prices will NOT be considered relevant’.

In short, where a serious form of harm or where a death at work occurs, which can be attributable to a failure of the organisations risk management protocols and procedures, a company is looking at a minimum fine of no less than £500,000.00, and possibly an even higher fine of 2.5 per cent to 10 per cent of its annual turnover over the previous three tear period.

This is in addition to any other proceeding that may be taken against individual directors or members of senior management who may be held responsible for the breach that caused the harm or death. You can view the Sentencing Consultation Guidelines at: http://www.sentencing-guidelines.gov.uk/Report