The courts acquitted the organization of the corporate manslaughter charges as the truck driver was carrying on his own initiative and was not adhering to the training course techniques. Nevertheless the company was convicted and fined under section 2 (1) of the health and safety at Work Act 1974 which states that an employer is responsible for health and safety of his employees during the course of their employment. Furthermore in addition to that, in the case of MNS mining limited a company was acquitted of corporate manslaughter charges when the four individuals died in drift mines when 650,000 gallons of water flooded the Swansea Valley mine following a controlled explosion. The mine manger was acquitted when evidence from an expert proved
…show more content…
It could be concluded that, there are still a very few number of convictions of the companies for their homicidal crimes under CMCHA. The companies that have been so far convicted are majority small scale organizations or owned by one person; the Act has not yet catered to large multinationals that have a complex organizational structure. This could propose the Act is not filling its need and is not being used adequately. This could be a direct result of the questionable segments of the Act which may go about as anticipation to prosecutors who may be dubious of the utilization of the Act. In addition to that, according to the section.17 of CMCHA the consent of the Director of Public Prosecutions (DPP) is needed for bringing a claim under corporate manslaughter proceeding against a company, which is an extra burden for a claimant who wants to bring an action against a company. Nevertheless, despite the fact that the Act hasn’t fully achieved what was expected of it but the act has provided some other benefits. CMCHA has provided education advancement and has lay down the foundations to further advancement in laws against homicidal acts done by large organizations or a legal personality. Due to the fear of getting charged with a large amount of fine and heavy sanctions, many companies are now dual complying with the health and safety regulation and are now adopting stricter approach in carrying out their task and
It could be concluded that, there are still a very few number of convictions of the companies for their homicidal crimes under CMCHA. The companies that have been so far convicted are majority small scale organizations or owned by one person; the Act has not yet catered to large multinationals that have a complex organizational structure. This could propose the Act is not filling its need and is not being used adequately. This could be a direct result of the questionable segments of the Act which may go about as anticipation to prosecutors who may be dubious of the utilization of the Act. In addition to that, according to the section.17 of CMCHA the consent of the Director of Public Prosecutions (DPP) is needed for bringing a claim under corporate manslaughter proceeding against a company, which is an extra burden for a claimant who wants to bring an action against a company. Nevertheless, despite the fact that the Act hasn’t fully achieved what was expected of it but the act has provided some other benefits. CMCHA has provided education advancement and has lay down the foundations to further advancement in laws against homicidal acts done by large organizations or a legal personality. Due to the fear of getting charged with a large amount of fine and heavy sanctions, many companies are now dual complying with the health and safety regulation and are now adopting stricter approach in carrying out their task and