170. Further supplementary
memorandum submitted by the Rail Safety and Standards Board
When I gave evidence to the Select Committee
on the proposed Corporate Manslaughter Bill on 7 November 2005,
the issue of other offences already on the statute book arose,
and in particular, section 34 of the Offences against the Person
Act 1861 (Unlawfully and maliciously endangering the safety of
persons travelling on the railway). In answer to a question from
the Committee, I agreed to forward such details as I could discover
about the use of this section in the recent past in circumstances
of railway fatalities.
Available British Transport Police (BTP) data,
which is from 2002 onwards, reveals that there have been two instances
where the section has been used by the BTP for fatalities since
that date, albeit that one ended up being disposed of under other
legislation. As a matter of note, the section has been used in
41 cases of railway injury in that time.
It is known that its use has been considered
by the prosecuting authorities in at least two major railway incidents
involving multiple fatalities in the last 10 years, namely Southall
and Hatfield, although ultimately other charges were brought.
It is believed that its use is being actively considered in at
least one other outstanding inquiry.
As far as can be recalled, the last time anyone
was charged under the section in the event of a multi-fatality
railway accident was in respect of the Watford accident in 1996,
when the driver was charged under both section 34 and with manslaughter.
At the commencement of the trial the judge required the Crown
to elect upon which count they would proceed and they chose manslaughter.
I trust that this is of assistance to the Committee
in their deliberations.
November 2005
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