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11
November 2002
Analysis
of Government’s Proposed Criminal Justice Reforms
In
Sunday’s Observer, Tony Blair set out
the Government’s criminal justice reforms that
will be contained in this year’s queen speech.
Although almost all the problems of the criminal justice
system identified by Tony Blair could apply to crimes
committed by companies who recklessly or negligently
cause death and injury (see below), none of the reforms
set out in the article will assist in the accountability
of these companies or their directors.
Tony Blair said
"It
has become increasingly clear what the problem with
the system is:
| • |
A
nineteenth-century criminal justice system trying
to solve twenty-first-century crimes; |
| • |
Too
little joined-up working between police, CPS
and other agencies; |
| • |
Too
little focus on the hard core of persistent
offenders who commit more than half the crime;
|
| • |
Court
procedures that are cumbersome; |
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Justice
weighted towards the criminal and in need of
rebalancing towards the victim; |
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Police
not freed up and given the flexibility to focus
on the crime and antisocial behavior; |
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Punishment
that often does not fit the severity of the
crime. |
So
this autumn we will focus on tackling these problems.
We are pursuing radical reform of the Criminal Justice
System, tackling antisocial behavior and restoring
social cohesion to fragmented communities.
Over the coming year we will turn up the pace of
reform in seven key areas, confronting the vested
interests that hold back change, and implement tough
new measures against those who persistently flout
the law. We need to drag the English legal system
away from what Lord Justice Auld describes as 'centuries
of haphazard statutory and common law accretion'.
First, in a major reform of criminal justice, we
will re-balance the system emphatically in favor
of the victims of crime."
However:
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The
law of manslaughter is universally recognised
to be archaic and unable to deal with the groslly
negligence conduct of large companies. But the
Government is not intending to legislate for a
new offence of Corporate Killing. |
| • |
It
is the experience of the Centre’s ‘Work-Related
Death Advice Service’ that companies and
other organisations that cause a death are not
subjected to the level of police investigation
required. |
| • |
The
Government has not considered what reforms are
required to deal with recidivist companies. |
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The
Government does not intend to include in their
victims charter those bereaved or injured as a
result of health and safety offences. |
| • |
The
Government plans no reforms to the way companies
and organisations are sentences. Courts can only
sentence companies to a cash fine, and no consideration
has been given to alternative ways to sentence
companies. |
To see whole of Observer Article, Click
Here
To see Press Release responding to reports that Government
does not intend to mention Corporate Killing in its
Queens Speech, Click Here
For
Further information contact 020 7490 4494 or 07796
778611
Further
Information on Manslaughter and Proposed Reforms
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Only
three companies have ever been convicted of manslaughter
– all them of them very small. To see the
list, click here |
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To
read about the current law of manslaughter, Click
Here |
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To
see what reforms the Government proposed in a
Consultation document published in summary 2000,
click
here |
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The
Centre has obtained a copy of a letter sent on
10 September 2002 by the Home Office to industries
in the private sector asking them for their "assessment
of the potential effect" of introducing a
new offence of corporate killing. To download
a copy of the Home office letter, Click
here (word) |
Return to Press Releases
Notes to Editors
- The
Centre for Corporate Accountability is an independent
nonprofit advice, research and lobbying group at
the forefront of seeking to ensure that health and
safety law is properly enforced and that deaths
and injuries resulting from corporate activities
are subject to adequate criminal investigations,
and, where appropriate, prosecution and effective
sanctions. It's charitable activities are funded
by Joseph Rowntrees Charitable Trust.
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