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Military inquests and why crown immunity is costing lives

Writer's picture: AdminAdmin

Updated: Jan 24

With new figures highlighting how public bodies are routinely failing to take action over concerns raised at inquests, the Ministry of Defence’s continued insistence on hiding behind crown immunity is costing lives, says Hilary Meredith-Beckham.

It has been nearly ten years since the Defence Committee recommended that the MoD should be stripped of its historic immunity from prosecution when personnel are killed during training as a result of a serious failing in its duty of care.

 

The 2016 Beyond Endurance Inquiry - set up after the deaths of three army reservists during a training exercise on the Brecon Beacons - found that it was wrong for the MoD and Armed Forces to have exemptions under the Corporate Manslaughter and Homicide Act 2007 in situations where they have been penalised by Crown Censure - the highest penalty that can currently be issued to the MoD by the Health and Safety Executive - for serious failings in hazardous training and selection events. A Crown Censure is a mechanism used by the HSE to formally show that, but for Crown immunity, there would have been sufficient evidence to prosecute the public body. 

 

In response, the MoD rejected the Committee’s proposals and to this day retains crown immunity.

 

Hilary Meredith-Beckham has over 30 years’ experience representing members of the Armed Forces and their families in relation to injury and death during military exercises and provided evidence at the initial Beyond Endurance Inquiry.

 

Said Hilary: “The Inquest process continues to fail service personnel and their families. There is no requirement on the MoD to implement the Coroner’s recommendations.  It is a shameful state of affairs.”

 

Added Hilary: “Removing crown immunity would push the MoD to further improve its standards and ultimately save lives.  It is the only solution. 

 

“In today’s society of transparency and corporate responsibility, the principle of immunity is archaic and wrong. For too long the MoD has hidden behind crown censures under health and safety legislation and failed to take responsibility for its actions.”

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