proposed sentencing guidelines
TRANSCRIPT
Sentencing guidelines consultation
What is it?
• health and safety offences, corporate manslaughter and food safety and hygiene offences guidelines - consultation
• consultation closed in February – no approved guidelines published yet.
Sentencing guidelines consultation
What are the changes?• fines are going up!• current sentencing guidelines for a H&S
offence causing death – seldom below £100,000
• using the consultation document, the fine could be as high as £10,000,000 in the most serious circumstances
• structured approach taking into account the turnover and seriousness of the offence.
Health and Safety Offences
Consideration 1 – Culpability • extent to which the offender failed to meet the
standards required of them.
Consideration 2 – Harm • seriousness and risk of harm. The harm need not have
occurred.
Consideration 3 – Financial position of company • turnover not profit.
Health and safety offencesConsideration 1 - CulpabilityOrganisations• very High – deliberate breach or flagrant disregard for the law• high – offender fell far short of the appropriate standard (ie. serious,
systemic failings, breaches for a long period of time, ignoring concerns raised)
• medium – between high and low• low – offender did not fall far short (i.e. significant efforts were made to
address the risk, failings were minor and not systemic).Individuals• deliberate – intentionally breached or fragrantly disregarded the law• reckless – foresight or wilful blindness• negligent – act or omission that a person exercising reasonable care
would not commit• low – as for organisations.
Health and safety offences
Consideration 3 – Financial situation (for organisations)
• micro organisations – turnover of not more than £2million
• small – turnover between £2million and £10million
• medium – turnover between £10million and £50million
• large – turnover of £50million and over.
Health and safety offencesThe financial situations relate only to organisations, custody and community sentences are available for individuals so a table was produced for sentences in relation to individuals.