Juries Abolished in Workplace Death Inquests

Whilst claiming that bereaved families will get a better service from inquests, there is no mention of the fact that inquests into workplace deaths is now being detromenaly effected by the removal of the reuirement ot hold a jury.

The Coroner Reform Bill was published Monday by Constitutional Affairs Minister Rt Hon Harriet Harman QC MP today.

Un the GNN news release it states that:

The coroner service has operated in England and Wales for over 700 years, and is to undergo major reform in three main areas:

* Give bereaved families a proper legal status in the inquest system;

* Establish national standards with leadership through a new position of chief coroner for England and Wales;

* strengthen the work of coroners, by establishing a proper system for appointing and training coroners, and giving them access to dedicated medical advice.

Currently section 8(3) of the 1988 Act, calls for inquets qith Juries to be held where the death was caused by a notifiable accident, poisoning or disease; or where the continuance or recurrence of the circumstances in which the death occurred would be prejudicial to public health and safety.

However, a new clause (13) inserted into the Bill, removes this requirement and in fact states that an inquest MUST be held WITHOUT a jury.

Major concerns over this have been raised by the TUC with head of health and safety Hugh Robertson expressing concern:

"Given the safety issues involved it is important that every workplace death should be scrutinised by a jury. This is important from both a preventive point of view, but also because of the assurances such an inquiry can give to the bereaved family."

Inquest co-director Deborah Coles quoted in this weeks TUC Risks said: "Juries perform a valuable function in alerting the public to issues such as health and safety breaches and we do not wish to see the use of juries reduced."

Critics say juries have been crucial in overturning official decisions not to prosecute, in prompting decisions by enforcement agencies to prosecute or in bringing unlawful killing verdicts.

According to this weeks Risks:

Last month, enforcement authorities including the Health and Safety Executive and Crown Prosecution Service (CPS) said they would reassess their decision not to prosecute after an inquest returned an open verdict into two worker deaths in a factory fire.

Also this year, the family of a South Wales teenager found by an inquest to have been unlawfully killed at work announced it was to explore taking the CPS to court for failing to bring manslaughter charges.

Source: TUC Risks GNN Dept Constitutional Affairs

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