Proposed sentencing guidelines

Presenter name/date here

Sentencing guidelines consultationApril 2015 – Emma Cragg

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 2 - Harm

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 offences

Micro organisations

Health and safety offences

Small organisations

Health and safety offences

Medium organisations

Health and safety offences

Large organisations

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.

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