From 1 February 2016 Crown Courts and Magistrates Courts in England and Wales will be bound by tough new guidelines when sentencing offenders who have been convicted of breaking health and safety law.
For the first time courts in England and Wales will be required to follow comprehensive sentencing guidelines.
Neal Stone, Policy and Standards Director at the British Safety Council, said: “We broadly welcome the new guidelines and in particular that in future that three factors will be key in determining fines for health and safety offences: the degree of harm caused, the culpability of the offender, and; the turnover of the offending organisation. Having consulted our members we were able to say in response to the Sentencing Council’s proposals that there was overwhelming support for this change which would help ensure greater consistency in the sentencing practice of our courts and a level of fines that fit the crime.
“This long overdue change is specifically in relation to the level of fines imposed and in certain cases the use of imprisonment as a sanction. What is clear is that the courts have on occasions failed to properly take into account the seriousness of the offence in weighing up the appropriate penalty.
“To date the largest fine imposed in Great Britain for a health and safety offence – £15 million – was on Transco in 2005. That unenviable record may soon change.
“The new guidelines, which will in some cases, result in far greater fines than courts are currently imposing, reflects a shift in not only public opinion but concerns among certain members of the judiciary, including Lord Thomas, the Lord Chief Justice. As he has made clear in recent appeal court decisions the purpose of fines is to reduce criminal offences, reform and rehabilitate the offender and protect the public.
“If the changes in sentencing practice do not help achieve these objectives – particularly ensuring compliance and discouraging law breaking – then they count for nothing. What we will need to see is clear evidence that the new guidelines have played their part in improving health and safety. Extra money through increased fines going into Treasury coffers should not be the name of the game. The objective must be to reduce the deficit of fatal and major injuries and occupational ill health.”
Health and safety offences, corporate manslaughter and food safety and hygiene offences: Definitive guideline is available on the Sentencing Council for England and Wales website at: https://www.sentencingcouncil.org.uk/wp-content/uploads/HS-offences-definitive-guideline-FINAL-web.pdf
Laura Cameron, partner at Pinsent Masons LLP, has written a comment article on the new sentencing guidelines for Safety Management magazine. See: https://sm.britsafe.org/sentencing-guidelines-health-and-safety-corporate-priority
Sentencing Council guidelines to be explored at British Safety Council conferences
Kevin Bridges, Partner, & Zoe Betts, Senior Associate at Pinsent Masons LLP, will deliver a presentation on the ‘Sentencing Council guidelines: The verdict for employers and individuals’ at a half-day construction health and safety conference being organised by the British Safety Council in Manchester on Wednesday 24 February 2016.
Powering Health and Safety in Construction takes place at Malmaison Manchester from 09:30-13:00. Places cost £110 + VAT for British Safety Council members and £160 + VAT for non-members.
For full details and to book see: www.britsafe.org/events/construction
The Sentencing Council guidelines will also be explored at a series of Safety Health and Environmental (SHE) Audit and Legislative Update briefings being organised at various locations in the UK by the British Safety Council in 2016. For details and to book see: https://www.britsafe.org/events/she-audit-and-legislative-updates