Posts Tagged ‘Maximum Sentence’

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.

Recently released figures show that only 2 people caught carrying knives were given the maximum 4 Year sentence.

2 Years ago the Government doubled the maximum term for carrying a knife in a public place from 2 to 4 Years.

Since then over 50000 people have been convicted of posessing a blade or other offensive weapon but only 6 have received the maximum term. Of those 6 only 2 were for carrying a knife or other bladed or pointed weapon.

256 people were stabbed to death in 2008/09 up a quarter since 1999.

The Government talks tough on knife crime but the official figures tell a much different story. The fact is that Prisons in the UK are already overcrowded so how could the maximum sentence be handed down for even half of the 50,000 recorded crimes? There just aren’t enough prison places.

The governments Violent Crime Action Plan is also flawed. The measures introduced in the wake of public outrage at the number of people being stabbed scrape the surface of the problem but the reality is that the vast majority of offenders who are caught are only given a caution.

The Law allows an individual to carry a knife as long as the cutting edge is 3 inches or less and the blade folds into the handle. Anyone found in possession must have reasonable excuse and lawful authority but what are the chances of being stopped and searched? Very limited unless its late at night, in a high crime area or the subject is already known to police.

We will keep you posted on developments in 2010.
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