Criminalising Work-Related Death

Abstract

As discussed, the last 30 years have seen a movement in many jurisdictions towards the criminalisation of corporate bodies that cause work-related deaths. This has been an area of some controversy, involving as it does a form of offending which does not fit easily into the criminal law’s taxonomic system. This chapter will begin by elucidating the distinctions that are drawn between ‘criminal’ and ‘regulatory’ offences and explaining the consequences of this differentiation. The historical development of the movement towards ‘corporate crime’ will be examined in order to understand the fundamental ambiguity that has long characterised this area of law. As with Chapter 4, the primary focus will be on developments in the UK. What is the nature of the challenge that work-related deaths present to the state and society, and why has criminalisation been regarded as an appropriate response to this challenge? Contemporary trends towards the criminalisation of work-related deaths and arguments about the role that such law should play relative to other legal measures echo debates that have gone before, reflecting a fundamental distinction between the instrumental and symbolic functions of law. An understanding of these dynamics helps us to understand why criminalisation is increasingly sought in the current social and political climate and in the context of workplace death.