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CCA Press Releases

9 September 2002

Proposals to Revise Manslaughter Investigation Procedures

The Centre for Corporate Accountability is proposing changes to the current procedures for the investigation of work-related deaths.

The Government is currently consulting on what changes need to be made to the ‘Protocol of Liaison on Work-Related deaths’ – originally drafted in 1998 - which sets out current procedures.

To download CCA's full response, click here

David Bergman, Director of the Centre for Corporate Accountability said:

"The Protocol of Liaison was an important step forward at the time and ensured that work-related deaths were subject to police investigation. However, changes are required to ensure that all deaths are consistently subjected to high quality investigations"

The CCA is proposing that:

the Maritime and Coastguard agency and the Civil Aviation Authority should become signatories of the Protocol. There is no reason why these agencies should not be signatories. Why should a work-related death at sea or in the air be treated any differently from a land-based work-related death?
CID officers should be provided specialised training in the investigation of work-related deaths. Currently there is no training provided.
the National Liaison committee should draft a manual setting out the steps that the police should take in the investigation of work-related deaths. This should be similar to the 'Road Death Traffic Investigation Manual', published by ACPO

The CCA is proposing that the Protocol should state that:

when police initially "identify, secure, preserve and take control" of the scene of death the police should include not only the immediate vicinity of but also the location of electronic and written documentation that might have relevance to the investigation.
the HSE or Local Authority should provide to the police all information that they have about previous inspections, reported incidents, complaints, investigations, and prosecutions in relation to any premises, companies or other organisations involved in the incident.
The HSE or Local Authority should at an early stage in the investigation consider whether there is any ‘conflict of evidence’ if an inspector - who has previously been involved in the inspection of an organisation connected with the death - should be involved in the investigation.
If the HSE or other enforcing authority decides not to prosecute any organisation or individual in relation to the death, the enforcing authority should set out its reasons in writing and send them to the bereaved family or its representatives. In addition, the family and its representatives should be provided an opportunity for a meeting in which the decision can be explained.

To download the NLC's proposed changes (PDF)

To read about manslaughter investigations
To read about the law of manslaughter
To read about health and safety offences
To read about the Health and Safety Executive
To read about details of manslaughter prosecutions

Contact the Centre on: 020 7490 4494
  info@corporateaccountability.org.uk

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