ABSTRACT
The range of possible criminal charges that could be brought against any individual or company or organisation included reckless (involuntary) manslaughter, failing to ensure a proper lookout, failing to render assistance from Merchant Shipping Acts as well as any relevant breaches of Merchant Shipping Notices, IMO Regulations or Local Authority bylaws. Arising out of the 1989 Marchioness disaster, the DPP decided not to bring charges of reckless manslaughter against any individual or company. There were no fines for any alleged breach of any relevant Merchant Shipping Notice or bylaw. There were no suspensions of any licence or certificate using the 1988 Merchant Shipping Act, as there had been following the 1987 Zeebrugge disaster. The only criminal charge ever brought for failing to ensure a look-out, against Captain Henderson, twice resulted in his acquittal and because of legal principles, he could not be tried again for similar charges related to similar circumstances. Although, since the circumstances investigated and the charge brought under s 32 of the 1988 Merchant Shipping Act were so specific, the possibility of other charges being brought, should not be assumed to be out of the question.
