CPS advises first corporate manslaughter charge under new act

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In the first application of the Corporate Manslaughter and Corporate Homicide Act 2007, the Crown Prosecution Service (CPS) on the 23 April 2009 has authorised a charge of corporate manslaughter against Cotswold Geotechnical Holdings Ltd in relation to the death of Alexander Wright on 5 September 2008.

Mr Wright, who was employed by Cotswold Geotechnical Holdings as a junior geologist, was taking soil samples from inside a pit which had been excavatedas part of a site survey when the sides of the pit collapsed crushing him.

Peter Eaton, a director of the company has been charged with gross negligence manslaughter and with an offence contrary to Section 37, Health and Safety at Work Act 1974. Cotswold Geotechnical Holdings Ltd has also been charged with failing to discharge a duty contrary to Section 33, Health and Safetyat Work Act 1974.

Kate Leonard, reviewing lawyer, CPS Special Crime Division, explained: "Under the Corporate Manslaughter and Corporate Homicide Act 2007 an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the person who died. A substantial part of the breach must have been in the way activities were organised by senior management. I have concluded that there is sufficient evidence for a realistic prospect of conviction forthis offence."

Mr Eaton will appear at Stroud Magistrates' Court on 17 June. He faces charges both as an individual and on behalf of the company. A conviction for gross negligence manslaughter carries a maximum sentence of life imprisonment. Convictions under the Health and Safety at Work Act 1974 result in a fine. A conviction for corporate manslaughter attracts an unlimited fine.

The Corporate Manslaughter and Corporate Homicide Act 2007 came into effecton 6 April 2008.

The Crown Prosecution Service is the independent authority responsible for prosecuting criminal cases investigated by the police in England and Wales.It is responsible for:

• Advising the police and reviewing the evidence on cases for possible prosecution
• Deciding the charge where the decision is to prosecute
• Preparing cases for court
• Presenting cases at court

The CPS consists of 42 Areas in total, each headed by a Chief Crown Prosecutor (CCP). In addition there are four specialised national divisions: Organised Crime, Special Crime, Counter-Terrorism and the Fraud Prosecution Service. A telephone service, CPS Direct, provides out-of-hours advice and decisions to police officers across England and Wales. The CPS employs around 8,400 people and prosecuted 1,091,250 cases with an overall conviction rate of 85.1% in 2007-2008.

To find out more about the Occupational Health and Safety Information Service download your complimentary Health and Safety Made Easy Guide on the Corporate Manslaughter and Corporate Homicide Act 2007 by completing the form below. This guide is just one of 26 guides created for OHSIS by industry experts and compliments the vast array of documents within the service.