Prosecutions
following Deaths
Tables 1 and 2 sets out the percentage of reported work-related
deaths that have resulted in a prosecution.
Table 1 show that the number of worker deaths investigated
in 1998/9 that resulted in a prosecution was 33% - a
rise of 8% from 1996/7. This percentage increase also
reflects an increase in the total number of deaths resulting
in a prosecution – from 70 to 83.
Table 2 shows that the number and percentage of investigated
deaths of members of the public that resulted in prosecution
remained stable in this period. It is notable that in
1998/9, the level of prosecution following deaths of
members of the public was almost six times lower than
the number of prosecutions following worker deaths.
Table 1
Numbers of investigated deaths of workers between 1996/7
– 1998/9 that resulted in prosecutions
|
Nos
Inv |
Nos
Pros |
%
Pros |
Nos
Conv |
| 1996/7 |
285 |
70 |
24.60% |
68 |
| 1997/8 |
254 |
78 |
30.70% |
75 |
| 1998/99 |
250 |
83 |
33.20% |
82 |
Table 2
Numbers of investigated deaths of members of the public
between 1996/7 –
1998/9 that resulted in prosecutions
|
Nos
Inv |
Nos
Pros |
%
Pros |
Nos
Conv |
| 1996/7 |
125 |
12 |
9.60% |
11 |
| 1997/8 |
138 |
13 |
9.40% |
12 |
| 1998/9 |
134 |
14 |
10.40% |
14 |
Table 3 compares the rate of prosecution following
deaths of workers in different industries in 1998/9.
It shows that whilst the percentage of manufacturing
deaths in 1998/9 that resulted in prosecution was
50%, prosecutions followed only 39% of construction
deaths, 20% of service industry deaths and 11% of
Agriculture deaths.
Table 3
Numbers of investigated deaths in 1998/9 that resulted
in a prosecution, by Industry
|
Nos
Inv |
Nos
Pros |
%
Pros |
Nos
Conv |
| Manufacturing |
70 |
35 |
50% |
35 |
| Construction |
71 |
28 |
39% |
28 |
| Agriculture |
46 |
5 |
11% |
5 |
| Service
Sector |
61 |
12 |
20% |
11 |
| Energy/Extractive |
6 |
3 |
50% |
3 |
Table 4 shows that there is also considerable divergence
in rates of prosecution following deaths of workers
in different HSE Areas. In 1998/9, 60% of deaths in
the West Midlands (9 out of 15) resulted in a prosecution
compared to 10% (2 out of 20) in the South West. There
were increases in the prosecution levels in most areas
between 1996/7 and 1998/9, particularly in Merseyside
with an increase from 10% to 40%.
Table 4
Numbers of investigated deaths of workers in 1996/7
and 1998/9, by HSE Area
|
1996/7
|
1998/9
|
|
Nos
Inv
|
Nos
Pros
|
%
Pros
|
Nos
Inv
|
Nos
Pros
|
%
Pros
|
| West
Midlands |
7
|
3
|
43%
|
15
|
9
|
60%
|
| South
Yorkshire |
13
|
5
|
39%
|
8
|
4
|
50%
|
| East
Midlands |
11
|
2
|
185
|
13
|
6
|
46%
|
| N/thn
Home Counties |
14
|
7
|
51%
|
5
|
2
|
40%
|
| N
& W Yorkshire |
13
|
4
|
31%
|
15
|
6
|
40%
|
| Merseyside |
10
|
1
|
10%
|
15
|
6
|
40%
|
| East
Anglia |
12
|
4
|
33%
|
11
|
4
|
36%
|
| South
East |
18
|
5
|
28%
|
17
|
6
|
35%
|
| Greater
London |
22
|
5
|
23%
|
18
|
7
|
39%
|
| Wales |
31
|
9
|
29%
|
23
|
8
|
35%
|
| North
East |
12
|
2
|
17%
|
13
|
4
|
30%
|
| Scotland
East |
23
|
5
|
2%
|
24
|
7
|
29%
|
| North
West |
6
|
2
|
33%
|
7
|
2
|
29%
|
| Greater
Manchester |
6
|
1
|
17%
|
5
|
2
|
40%
|
| Marches |
17
|
5
|
29%
|
12
|
3
|
25%
|
| Scotland
West |
21
|
3
|
14%
|
13
|
3
|
23%
|
| North
Midlands |
15
|
3
|
20%
|
6
|
1
|
17%
|
| South
|
15
|
1
|
7%
|
10
|
1
|
10%
|
| South
West |
19
|
3
|
16%
|
20
|
2
|
10%
|
Table
5 sets out the levels of prosecution in different
HSE areas following investigated deaths of members
of the public in 1998/9. It shows that the very low
level of prosecutions following these deaths occurred
equally in all HSE Areas – though it is notable
that in the South West, only 1 out of investigated
27 deaths, and in North and West Yorkshire, none of
23 deaths resulted in prosecution. It is interesting
that 2 out of the 4 deaths in Greater Manchester did
result in a prosecution.
Table 5
Numbers of investigated deaths of members of the public
in 1998/9 that resulted in prosecution, by HSE Area
|
Nos
Inv |
Nos
Pros |
| South
West |
27 |
1 |
| South
|
3 |
0 |
| South
East |
3 |
1 |
| Greater
London |
4 |
1 |
| East
Anglia |
12 |
0 |
| N/thn
Home Counties |
4 |
1 |
| East
Midlands |
4 |
1 |
| West
Midlands |
1 |
0 |
| Wales |
6 |
1 |
| Marches |
8 |
1 |
| North
Midlands |
4 |
1 |
| South
Yorkshire |
3 |
0 |
| N
& W Yorkshire |
23 |
0 |
| Greater
Manchester |
3 |
2 |
| Merseyside |
4 |
0 |
| North
West |
10 |
2 |
| North
East |
4 |
0 |
| Scotland
East |
7 |
1 |
| Scotland
West |
4 |
1 |
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