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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:
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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:
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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. |
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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
Return to Press Releases
Notes to Editors
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