|
|
|
|
|
Investigation
of Work-Related Deaths
Work-related deaths can
be the result of either a regulatory offence or an offence
of manslaughter.
Since April 1998, a Protocol of Liaison on Work Related
Deaths has set out the way in which the police and the
Health and Safety Executive should handle investigations
involving work-related deaths. It also deals with the
co-ordination of prosecutions by the Health and Safety
Executive and the Crown Prosecution Service
To download the protocol click here
The CCA has a number of concerns
about the protocol.
The protocol sets up a National
Liaison Committee and a number of Local Liaison
Committees to oversee its operation.
See what does the HSE says about
Manslaughter
Which Deaths Come Within the Protocol
The Protocol only applies to 'land-based deaths".
It does not apply to deaths at sea in British waters
or deaths on board British ships. This is because the
Maritime and Coastguard Agency - which is responsible
for the investigation of these deaths - is not a signatory
to the Protocol.
The Centre has written to the National Liaison Committee
about this anomaly
Although Local Authorities are not signatories to this
protocol, they have agreed to comply with the protocol.
As a result all deaths that should be reported to the
Health and Safety Executive or Local Authorities should
be investigated in compliance with the protocol.
Initial Assessment by the Police
The protocol requires that:
| 1.1 |
A Police detective
of supervisory rank should attend the scene of
a work-related death, or where there is a strong
likelihood of death resulting from an incident
arising out of or in connection with work, and
should:
(a) "make an initial assessment about whether
the circumstances might justify a charge of manslaughter
… in which case the Police will commence
their investigation."
…..
|
| 2.1 |
As a general
guide, the police will investigate where there
is evidence or a suspicion of deliberate intent
or gross negligence or recklessness on the part
of an individual or company rather than human
error or carelessness.
This 'initial assessment' is usually undertaken
with the assistance by an inspector from the HSE
or Local Authority.
|
HSE investigation
Where, the initial assessment indicates that there will
be no formal manslaughter investigation by the police,
the case is handed over to the HSE or Local Authority
for it to continue with its investigation.
The protocol then goes on to state:
| 2.6 |
Where,
during the HSE investigation, evidence indicates
an offence of manslaughter may have been committed,
the HSE will refer the matter to the Police without
delay …" |
HSE "Operational Guidance"
'Operational Guidance' provided by the HSE to
its inspector states that: |
| 14 |
In
most cases it is unlikely that a manslaughter
investigation will commence based solely on an
initial assessment of the facts surrounding a
fatality. However, further evidence will more
likely come to light during the HSE investigation
indicating the crime of manslaughter by an individual,
or a director and the company. Inspectors should
continue to clarify during their investigation
whether the circumstances of a fatal accident
meet the legal tests for manslaughter and refer
to the police any evidence pointing to an offence
of manslaughter and/or corporate manslaughter.
The police will decide whether the evidence warrants
further enquiries and investigation." [Emphasis
Added] |
| 15 |
A failure to
comply with statutory duties under the Health
and Safety at Work Act 1974 leading to a death
may make those responsible prima facie liable
for manslaughter if they failed to avert an obvious
and serious risk to human life |
CCA Concerns about the Protocol
It is the CCA's view that the Protocol is an important
advance from the previous arrangements. However, there
are a number of concerns about the protocol.
These have been summarised in a note that the CCA sent
on 26 July 2000, to Neil Masters of the Crown Prosecution
Service who is a member of the National Liaison Committee
which is currently undertaking a review of the Protocol.
In its consultation document on reform to the law of
manslaughter the Home office proposed that the police
would no longer be involved in the investigation of
work-related deaths. In the Centre's view this would
be a step-backwards.
To see the Centre's response to this particular proposal
and how the Centre considers investigation should be
organised, click
here
Back
National and Local Liasion
Committees
Section 10.1 of the Protocol states that:
"The police, CPS
and HSE shall form a national liaison committee which
should meet at least once a years to review the operation
of the protocol and consider the need for changes
in arrangements"
So far the National Committee has
published two annual reports.
Back
Annual Report 1999/2000
This records the following
items of note:
- The Local Government Association
has agreed to become a signatory of the protocol
when a new protocol is published
- The Committee refused
to extend the protocol arrangements to cover serious
injuries as well as deaths, as it concluded that
there was "generally little prospect of securing
convictions against employers under Offences against
the person legislation in respect of failures
to manage health and safety …."
Annual report 2000/2001
To download this report click here.
Back to the top
Excerpt from a report by the Health
and Safety Executive: "Health and Safety Offences
and Penalities (October 2001)
Manslaughter
| 2.26 |
As well as
enforcing health and safety law, HSE also plays
an important part in England and Wales in supporting
police investigations into possible work-related
manslaughter offences. The police are responsible
for manslaughter investigations. HSE contributes
its expertise in questions of health and safety
management. HSE inspectors also pass to the police
any evidence which they may find in the course
of their health and safety investigation which
may point to a possible manslaughter offence. |
| 2.27 |
Arrangements
for liaison between the police, the Crown Prosecution
Service (CPS) and HSE are set out in a joint protocol
on responding to work-related deaths. The Protocol
was published in April 1998 by the CPS, HSE and
the Association of Chief Police Officers (ACPO).
The three authorities have set up a joint National
Liaison Committee to monitor the working of the
Protocol. |
| 2.28 |
During 2000/2001,
the police referred 26 cases of work-related death,
insectors where HSE is the health and safety enforcing
authority, to the CPS to consider possible manslaughter
charges. The CPS have so far started prosecutions
for manslaughter in 6 of these cases. Since April
1992, a total of 162 possible manslaughter cases
have been referred to the CPS. CPS have brought
prosecutions for manslaughter in 45 cases, 10
of which have resulted in convictions. |
| 2.29 |
The Protocol
will need to be reviewed in the light of experience.
In particular the review will need to take account
of Government decisions which are expected to
follow the Home Office consultation on proposed
changes to the law on involuntary manslaughter,
especially the proposed new offence of corporate
killing. The joint National Liaison Committee
is considering the timing and form of the review
and how to involve others in the process, including
organisations concerned with supporting victims'
families |
| 2.30 |
The Local Government
Association and British Transport Police plan
to become signatories to the Protocol following
the review. |
| 2.31 |
HSC responded to the Home
Office consultation paper on reforming the law
on involuntary manslaughter (published in May
2000). HSC gave full support to introducing a
new offence of corporate killing and hoped the
Government would legislate as soon as possible.
The main benefit of the new offence would be as
a powerful deterrent, to help prevent needless
injuries and deaths while at the same time punishing
the grossly negligent. HSC also said that a corporate
killing offence should apply to both private and
public sectors and be the same in Scotland as
well as in England and Wales, to which the consultation
paper related. |
Back
To download whole of this report
click here.
Back to the top
|
|
|
|
|
