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Corporate manslaughter cases rise by 40% in a year

The number of corporate manslaughter cases opened by the Crown Prosecution Service (CPS) rose 40% from 45 in 2011 to 63 in 2012, according to figures published by law firm Pinsent Masons.

In total 141 cases have been opened since 2009, with 56 prosecutions currently ongoing, the research revealed.

But despite the rise in numbers, there have only been three convictions since 2008.

Pinsent Masons said the figures hinted the scale of potential corporate manslaughter cases may be much higher.

After the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007, large and small sized companies could be found guilty of corporate manslaughter for deaths arising from management failures that constituted a gross breach of a duty of care.

Pinsent Masons believes these figures show that the low number of convictions so far is the "tip of the iceberg" of the police and CPS' focus on potential corporate manslaughter cases, and that prosecution for corporate manslaughter is not a risk for businesses to take lightly.

Simon Joyston-Bechal, specialist health and safety lawyer and partner at Pinsent Masons said: "High-risk industries and companies cannot be reassured by the current lack of convictions for corporate manslaughter. The three convictions so far are just the tip of an iceberg.

"A low number of convictions could lead businesses to think corporate manslaughter is an option little-used by prosecutors.

"However, corporate manslaughter cases are very complex and can take a long time to come to trial. We can now see from these figures that there are a rapidly growing number of cases in the pipeline.

Pinsent Masons say that the criticism directed by some commentators against the police and the CPS over the low number of convictions for corporate manslaughter may be misplaced in light of these new figures.

Joyston-Bechal said: "Some have criticised the police and the CPS for the apparent under-use of a major new tool, but these figures show that prosecutors are increasingly active in pursuing corporate manslaughter, albeit slowly."

He added: "All businesses need to have robust health and safety procedures in place, including the adoption of measures that can be tailored by specialist health and safety lawyers to reduce the likelihood of prosecution should an incident occur."