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ARTICLE · 12 OCTOBER 2011

Changes Aim For Swifter Justice Over Workplace Deaths

CMS Cameron McKenna Nabarro Olswang
Explore more from CMS Cameron McKenna Nabarro Olswang

More health and safety prosecutions will take place before Inquest after changes to a key agreement between those who investigate and prosecute work-related deaths in England and Wales came into effect.

United KingdomEmployment and HR
Jan Burgess
Jan Burgess
Thomas Herd
Thomas Herd
Claire Kent
Claire Kent
Paul Marshall
Paul Marshall

More health and safety prosecutions will take place before Inquest after changes to a key agreement between those who investigate and prosecute work-related deaths in England and Wales came into effect. 

The alterations to the Work-Related Deaths Protocol (WRDP), which took effect on 1 October 2011, should mean that some prosecutions will see a quicker resolution.  Prior to this, only in exceptional circumstances would a case be taken before an Inquest by regulators other than the Crown Prosecution Service (CPS).  Health and Safety offences are usually only brought at this stage if they are being tried in connection with manslaughter related charges.

Now, where manslaughter or homicide charges are not relevant, the revised protocol will allow a health and safety prosecution before an Inquest – if it is considered appropriate and in the interest of justice. 

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