An Inspector’s-Eye View

摘要

This paper concerns the prospective implementation of the proposed ‘corporate killing’ offence. These proposals suggested that the Health and Safety Executive (HSE)—the body currently responsible for regulating work-related health and safety issues—should handle cases in which a ‘corporate killing’ charge is a possibility. Relatively little attention has been paid to this issue of implementation. An empirical investigation was undertaken to assess the compatibility of the HSE’s methodology and enforcement philosophy with the new offence. It was found that inspectors categorize themselves as enforcers of criminal law, see enforcement action as valuable and support the new offence, but disagree over its use. They also broadly supported the HSE taking responsibility for the new offence. This suggests that ‘corporate killing’ may not necessarily be incompatible with the HSE’s modus operandi, and there may be positive reasons for giving the HSE this responsibility.