Manslaughter window closing, firms told

Businesses have a ìwindow of opportunityî to get their health and safety systems and cultures right before the Corporate Manslaughter and Corporate Homicide Act really starts to bite, a panel of top lawyers said this week.

The panel, all leading health and safety lawyers who were speaking at the IOSH 09 conference in Liverpool, said that the new Corporate Manslaughter and Corporate Homicide Act was leading to changes in the way offences were investigated, with the police being very thorough and causing immense disruption.

They warned that businesses should expect investigations to be long-running, and that many managers could find themselves being quizzed, and even arrested, as part of the police inquiry. Nathan Peacey, a partner at Bond Pearce, said: ìThe police seem to be struggling with how they should be investigating this offence. They seem to be arresting everyone down to low level management in the two cases Iím involved in.î

Kevin Bridges, from Pinsent Masons, said heíd also seen this: ìThe police want a cast iron guarantee they will get a conviction. They are investigating a lot longer and their approach is very different to that of the HSE. They will arrest you and grill you. Iím certainly finding that Iím spending a lot more time at the police station as a result!î

The panel felt that there were some significant flaws with the new Act, with Madeline Abas, partner at Osborn Abas Hunt, commenting: ìWeíve been given a hopeless definition which will be a playground for lawyers like us.î

But she did add that the new law had made businesses worry: ìSince the introduction of the Act Iíve seen a thirst for information and education from clients. But itís very difficult to answer how they will be sentenced because of the definition. Businesses are taking it to heart and being committed – but when your client is telling you something has to be done in eight weeks when it realistically takes 12 you end up having to cut corners.î

Steffan Groch, partner and head of regulatory at DWF, said that businesses that werenít yet prepared for the impact of the law, still had opportunity to do so, but the window is closing: ìYou have this window of opportunity to do something to avoid being prosecuted for corporate manslaughter, so Iíd look at the culture of your business. You have a few years to do this, so get your systems in place in case the unforeseen happens.î

As to when the first prosecution for Corporate Manslaughter will take place, most of the panel felt it would still be a number of years, although Kevin Bridges felt one of his cases ìwas close to being chargedî, but was still being ìlooked atî by the Crown Prosecution Service.