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Posted By Raymond Rapp
Almost the first anniversary of the CMA and I wonder what colleagues make of events during this time. I know little has occurred to discuss, including SAP guidance on penalties which is now 6 months or so overdue. For example, have there been any obvious fatal accidents during the last year that may give rise to an indictment in the future?
Regards
Ray
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Posted By Raymond Rapp
Come on guys, nealy 100 hits and no responses!
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Posted By A Campbell
No doubt the CPS are likely to hold back until they can introducing a case of spectacular introduction to the industry and a clear cut case too!
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Posted By Raymond Rapp
Mick
Agreed, that case sprung to my mind as the most obvious candidate thus far. However, the CPS appear reluctant to prosecute NHS Trusts and hospitals for health and safety failures.
I also agree with the previous post that the CPS would ideally like to wait for a big clear cut case, probably in the private sector.
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Posted By GaryC40
Excuse my ignorance but has there been any procecutions yet? Not that i am waiting in hope!
GC
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Posted By Raymond Rapp
No there have not been any prosecutions under the CMA yet. Bearing in mind prosecutions of this type usually take two or more years to reach court, it will be some time before we are aware of an impending case.
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Posted By mark linton
Just some musings for a Monday.
It can take years between an accident and a prosecution but I would have thought that cases brought under the Corporate Manslaughter Act are likely to take much longer to come to court to than other cases.
The requirement to identify failings at a high level may take some finding within a complex organisation and may ultimately prove to be as difficult as identifying a directing mind.
Failings within Companies tend to be towards the day to day end of management and linking those failures to something the board of directors has done directly or indirectly will not be easy. I doubt there will be many board meeting minutes across the country that will state that 'safety comes after profits' (or something similar) or documenting that the board have stood in the way of safety and how else would these failings at a high level be identified? There is an awful lot between most boards and the accidents which is why directing minds were so hard to find - will these 'high level' failures prove any easier to locate.
There maybe occasions where it is clear cut, but most will be pretty murky and difficult to unwraffle - so it may be sometime yet before we see the first CM prosecution.
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