News

Senior managers at young offender institutions will be protected from prosecution even when their failure results in the death of a child, under the draft Corporate Manslaughter Bill.

Since 1990 there have been 28 deaths of 15 to 17 year olds in custody. But detaining prisoners is one of the few functions exempt from the corporate manslaughter offence, which would be used to prosecute companies and organisations that have neglected their employees' safety.

The bill updates laws on corporate killing and focuses responsibility on the working practices of the organisation, as set by senior managers.

Deborah Coles, co-director of campaign group Inquest, is "deeply concerned" by the move.

"Even if a death takes place as a result of gross failures on the part of the senior management of a prison, it cannot be prosecuted for homicide," she said, adding that prisons should be subject to the same procedures as companies and organisations.

Last month it emerged that police had contemplated bringing manslaughter charges against prison staff after the killing of Zahid Mubarek by his cellmate Robert Stewart at Feltham YOI in March 2000.

The case was referred to the Crown Prosecution Service but it was decided that there was insufficient evidence to prosecute.

Detention of prisoners and functions relating to this, such as categorisation and doubling-up in cells, would not be covered by the proposed new criminal offence, said a Home Office spokesperson.

However, the maintenance of the prison estate and employer duties relating to safe working practices as well as catering would be covered.

She added that accountability for the organisation and management of detention would continue to be covered by existing procedures, including independent inspections, ministerial accountability and public inquests and inquiries.

Other public and government functions outside the scope of the bill include regulatory standards, statutory inspection and public policy decisions.

The draft Bill is out for consultation until 12 June.