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The Role of The Crown Prosecution Service

The Crown Prosecution Service is the government department responsible for prosecuting criminal cases investigated by the police in England and Wales.

As the principal prosecuting authority in England and Wales, we are responsible for:

  • advising the police on cases for possible prosecution
  • reviewing cases submitted by the police
  • determining any charges in more serious or complex cases
  • preparing cases for court
  • presenting cases at court

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Home » News Centre » Press Releases » CPS was right to prosecute over Hatfield train crash, says DPP

CPS was right to prosecute over Hatfield train crash, says DPP

06/09/2005

The Crown Prosecution Service was acting correctly when it brought a prosecution following the Hatfield train crash, said the Director of Public Prosecutions, Ken Macdonald QC.

Mr Macdonald said that when there were serious incidents where people died it was necessary to find out what happened and if anyone should be held responsible. He said: "We would be failing in our duty to the public if we ignored evidence that in our view showed a case should properly go before a judge and jury.

"I stand by the decision to prosecute for manslaughter and breaches of health and safety law. We felt there was sufficient evidence in this case and the seriousness of what was alleged meant the public interest demanded a prosecution.

"However, the judge's ruling on manslaughter demonstrates again the very real difficulties the Crown has in securing convictions against corporate businesses or individuals."

To succeed in a prosecution for gross negligence manslaughter, the prosecution has to prove:

  • There was a duty of care owed by the accused to the deceased;
  • There was a breach of the duty of care by the accused;
  • The breach was a substantial cause of the death of the deceased;
  • The breach was so great as to be characterised as gross negligence and therefore a crime.

Mr Macdonald said: "The ruling turned on the level of negligence that the jury was being invited to consider and the judge took the view that it was not sufficient to invite the jury properly to conclude that it was grossly negligent. He therefore directed the jury to find the defendants not guilty.

"We considered the effect of this ruling on the remaining charges and decided that there was still a case to answer on the health and safety charges.

"The fact that a guilty plea was entered to health and safety charges by Balfour Beatty shows that they recognised they were negligent and contributed to the deaths which occurred.

"While nothing can bring back those who died in the Hatfield train crash, I hope their families and friends can take some comfort from the fact that there has been a full and public investigation into what happened."

  1. On October 17, 2000, the 12.10 GNER train service from Kings Cross to Leeds crashed at Hatfield in Hertfordshire while travelling at 115mph.
  2. Four passengers were killed: Robert Alcorn, 37, from New Zealand; Steve Arthur, 46, of Pease Pottage, West Sussex; Leslie Gray, 43, of Tuxford, Nottingham and Peter Monkhouse, 50, of Headingley, Leeds. More than 100 people were injured.
  3. The trial opened on January 31, 2005. The engineering firm Balfour Beatty and five men denied manslaughter and health and safety charges. In the dock were two executives from Balfour Beatty: Anthony Walker and Nicholas Jefferies, and three executives from Railtrack: Alastair Cook, Sean Fugill and Keith Lea. Railtrack owned the East Coast Mainline at the time of the derailment.
  4. On July 14, 2005, Mr Justice Mackay directed the jury to find Balfour Beatty and the five men not guilty of manslaughter.
  5. For more information contact CPS Press Office on 020 7796 8180 or 020 7796 8105.