Customize Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorized as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site. ... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

No cookies to display.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

No cookies to display.

Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

No cookies to display.

Sentencing Council review publishes new guidance on health and safety offences

A Sentencing Council review has proposed that much tougher sentences for breaches of health and safety could be handed down.

The Sentencing Council, which has no legislative powers itself, has recommended that tougher sentences be given for corporate manslaughter offences and that greater fines should be imposed on businesses where health and safety offences result in a fatal accident.

The following was proposed by the Sentencing Council review, which also criticised the lack of “comprehensive guidance” available to judges when sentencing:

  • That large organisations committing corporate manslaughter could face increased fines of up to £20 million
  • That health and safety offences involving fatal accidents could carry fines of up to £10 million

The Sentencing Council review also addresses the lack of guidance available to judges on food safety and hygiene offences, as well as addressing how sentencers should approach the handing down of sentences in potentially wildly-varying circumstances: from small companies to large; where the gravity of the offence is minor to where it has potentially catastrophic effects; and where the offences are committed by individuals rather than organisations.

Examples of health and safety offences in the news recently include:

Sentencing Council member Michael Caplan QC commented on the new Sentencing Council guidelines:  “Our proposals will help ensure a consistent approach to sentencing, allowing fair and proportionate sentences across the board, with some of the most serious offenders facing tougher penalties.”

The Sentencing Council’s proposals are currently open to consultation from members of the public and the guidelines can be found here.

Chris Hadrill, a settlement agreement solicitor at Redmans Solicitors, commented on the news: “There have been a number of cases involving corporate manslaughter and fatal accidents in the courts in the last year where organisations have been heavily fined as a result of health and safety breaches, although the level of those fines has generally not exceeded the million-pound mark; it is unclear, on that basis, how an increase in the level of the fines will result in tougher sentences, as judges already have the power to order organisations to pay potentially unrestricted fines.”

Direct 2 Lawyers offer advice to consumers and businesses, and have free templates on their website (such as grievance letter templates and disciplinary appeal templates)

Share the Post:

Related Posts