NS, the sole director of SA Limited, was charged with Gross Negligence Manslaughter. It was the prosecution’s case that SA had failed to take any measures to mitigate the risks associated with work at height, and that NS had failed to act when he had witnessed first-hand work being undertaken in circumstances that posed a […]
In 2015 at the Shoreham Airshow, a devastating crash during an aeronautical display led to the deaths of 11 individuals and the serious injuring of many more. Miraculously, the pilot of the aircraft involved survived the crash, and was acquitted of any criminal wrongdoing at a trial at the Old Bailey in 2019. The Coroner’s […]
Nestle, a very large organisation with a turnover of £1.6 billion, pleaded guilty to one count of failing to prevent access to dangerous parts of machinery, contrary to regulation 11 of the Provision and Use of Work Equipment Regulations 1998 (‘PUWER’) and was sentenced to a fine of £640,000. Permission to appeal against the size […]
The Facts The Appellant, Modus Workspace Ltd (MW), appealed against a fine of £1,100,000 imposed following a conviction for an offence under section 3 of the Health and Safety at Work Etc. Act 1974. MW were a design and construction company appointed to refurbish commercial premises at a warehouse. The injured party (IP) was employed […]
Introduction When faced with a criminal regulatory prosecution, as with any criminal prosecution, the indictment is the most important document in the case; but what should be contained within it and what are the possible ramifications of the introduction of particulars of the offence? This topic deserves further exploration but what follows is an introduction […]
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