Corporate Manslaughter: New Prosecution Announced

The Crown Prosecution Service ("CPS") has recently announced that corporate manslaughter charges are to be brought against a mining company.  This is the latest in a growing number of prosecutions brought under the Corporate Manslaughter Act 2007 ("the Act").  After a slow start, the new Act is now providing the basis for criminal prosecutions of companies which fail their health and safety duties.  In this article, Rhys Griffiths and Alexandra Hulme explain the facts of this new prosecution, the law of corporate manslaughter and what companies ought to be doing to minimise the risk of prosecution.

MNS Mining Ltd ("MNS")

In September 2011 four men tragically died following a flash flood in a coal mineshaft in the Swansea Valley. The men became trapped and died, despite the efforts of police, firefighters and mines and caves rescue experts. The mine was owned by MNS, was known to flood frequently and regularly had to be pumped out to allow miners to enter the pit.