20/11/2014
A review carried out by the Sentencing Council has proposed that large organisations face tougher sentences for corporate manslaughter and fatal health and safety offences.
Tougher fines of up to £20 million for corporate manslaughter
and up to £10 million for fatal health and safety offences have
been proposed. The levels proposed are aimed at organisations with
an annual turnover of more than £50 million.
The proposals follow a series of developments this year which have
seen the Court of Appeal review the principles of sentencing
corporate offenders in health and safety and environmental
offences, reiterating the importance of identifying a level of fine
that achieves the aims of sentencing given the financial
circumstances of the offender in question, and the publication of
guidance by the Council on environmental offences. In
addition, when the relevant provisions are in force, the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 will give
magistrates the power to impose unlimited fines for certain
offences, including health and safety and food safety and hygiene
offences. Those powers will significantly change the fine levels
magistrates can impose in cases covered by the draft guidelines.
The Council is keen to ensure that guidance is in place to assist
magistrates in applying fair and proportionate sentences when their
new fining powers come into effect.
The draft guidelines, now subject to public consultation, follow
a "lack of comprehensive guidance" for sentencers in relation to
these offences, which are not sentenced as frequently as other
criminal offences. The Council therefore concluded there was a need
for expanded guidance on dealing with the difficult issues that
arise in these cases, such as the risk of harm, or fining offenders
that are charitable or public bodies. Fine levels, the
council says, should be large enough to have an economic impact
that will bring home to an organisation the importance of operating
in a safe environment (taking into account the impact of the fine
on employment of staff, service users, customers and local economy,
but not shareholders or directors). Where the fine will fall
on public or charitable bodies, the fine should normally be
substantially reduced if the offending organisation is able to
demonstrate the proposed fine would have a significant impact on
the provision of their services.
Sentencing Council member Michael Caplan QC said the 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 consultation on the draft guideline on health and safety
offences, corporate manslaughter, food safety and hygiene offences
guidelines is open from 13 November 2014 to 18 February
2015.
A copy of the consultation document can be found here.
