Life ashore is becoming tougher

Across the fishing, merchant and leisure sectors, the number of cases and prosecutions has risen dramatically over the last four years, a fact which in part can be put down to increased pressure on the industry.

In 2010, only six cases were prosecuted by the Maritime Coastguard Agency, however in 2013, 14 cases were prosecuted, an increase of 133%.

During the same four year period the number of investigations carried out by the Marine Accident Investigation Branch rose by 77% and the trend is reflected on land where the Health and Safety Executive prosecuted 582 cases in 2013/2014 compared to around 440 cases in 2009/2010.

“Even on the best run ship, if it is operating in one of the worlds most dangerous and unpredictable environments, accidents can, happen. Which agency will be involved depends on where an incident occurs,” says Howard Quinlivan, solicitor advocate with Bartons Solicitors.

But he adds, sometimes it is not clear which agency is responsible for carrying out the investigation.

“If an engineer is lost at sea the MCA will lead the investigation, reporting to the coroner whilst an investigation may also be undertaken by the Marine Accident Investigation Branch,” he says.

“Alternatively, if a vessel is detained for fisheries offences then the Marine Management Organisation is likely to prosecute the owner, revoke quota allowance and licenses and the MCA will prosecute for the criminal element of the offence.

“Conversely, in Bartons’ own experience of dealing with similar cases, a share fisherman who drowned by falling between the harbour and the vessel upon which he worked, led to a debate between the MCA and the HSE as to whose jurisdiction was appropriate in the circumstances.”

Mr Quinlivan points out that while historically the consensus was that the criminal courts were reluctant to prosecute individuals this is no longer the case.

Bartons is seeing increased usage of gross negligence manslaughter combined with corporate manslaughter and directors of companies are now more commonly prosecuted in their personal capacities at common law for gross negligence manslaughter.

“It is only a matter of time before more individuals find themselves in the dock facing crippling fines, and lengthy prison sentences,” says Mr Quinlivan.

“The Herald of Free Enterprise disaster highlighted the importance of individual responsibility and understandably, the majority of directors have sought to plead guilty to corporate manslaughter to avoid a trial which might render them found personally guilty by a jury and imprisoned for gross negligence manslaughter.

“However, the captain and second–in-command of a pleasure boat operating on the Thames by Leon Restaurants in 2008 were both prosecuted for gross negligence manslaughter due to the death by drowning of a passenger; the captain was acquitted but the second-in-command pleaded guilty and was imprisoned for 15 months.”

By Katina Read