The trial date has now been set for the first prosecution under
the Corporate Manslaughter Act. It is due to take place from 23
February 2010 in Bristol Crown Court and has been listed to run for
six weeks. This trial is expected to give considerable guidance as
to how the Act is going to be interpreted and used.
The Corporate Manslaughter Act came into effect in April 2008
after a number of failed corporate prosecutions –
including those relating to the Southall rail crash and the
difficulties in succeeding in such prosecutions. Much debate was
had as to the implications and as to how widely and when it would
be used.
The first prosecution under the Act was announced a year later
in April 2009, against a geotechnical firm – Cotswold
Geotechnical Holdings - in relation to the death of a 26 year old
employee who was killed when the trench he was working in,
collecting soil samples, collapsed. Company director Peter Eaton
has been charged with gross negligence,