Tim Spencer QC secures acquittal in prison gross negligence manslaughter trial
3 April 2007
Tim Spencer QC successfully represented Daniel Daymond who was acquitted today of the manslaughter by gross negligence of a young inmate at the privately run Rye Hill Prison in Warwickshire. Michael Bailey, serving four years for drug offences, had suffered a sudden psychiatric collapse and was on suicide watch when he killed himself in the prison's segregation unit. Mr Daymond and his two co-defendants were the first prison officers to be charged with manslaughter through gross negligence. They were alleged to have breached the duty they owed to a prisoner who was mentally disturbed by failing to take reasonable steps to prevent him from taking his life. All three defendants were acquitted on the direction of the Judge, Mr Justice Grigson, who described Michael Bailey's death as an avoidable tragedy.
The Corporate Manslaughter and Corporate Homicide Act 2007 comes into force in April 2008. It will replace the offence of gross negligence manslaughter with a single statutory offence of corporate manslaughter. One of the ways in which this new offence may be committed is if the death of someone held in custody resulted from gross negligence. It is anticipated that this measure will come into force within the next three years.