28/09/2016
The owner of Alton Towers has been fined £5 million following the crash of the Smiler roller-coaster in June 2015, which left five people seriously injured.
In sentencing, the judge, Michael Chambers QC stated that he did not believe the crash had affected the organisation’s business, which turns over £50 million a year, and said the fine would have been £7.5 million if the case had gone to trial. It was reduced by a third, to £5 million, after the company’s early guilty plea. The operating business was also praised for its exceptional co-operation with the investigation.
Application of the Sentencing Guidelines for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences
Today’s sentencing reflects the general trend of larger fines being handed down to corporations who breach health and safety regulations, following the introduction of the Sentencing Guidelines for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences (the Guidelines) in February 2016. Under the Guidelines, the court firstly determines the offence category, using the culpability and harm categories which are set out in the Guidelines. Secondly a starting point for the sentence to be applied is established by examining the company’s annual turnover. The court will then consider any aggravating and mitigating factors that could increase or decrease the sentence.
In this case, the early guilty plea and full co-operation with the investigation led to the fine being heavily reduced. Top executives had also admitted fault from day one and apologised to the victims and their families. However, reference was also made to previous convictions against the operating company, which included a fine of £300,000 following the death of a person at Warwick Castle, over a separate health and safety breach. Mr Chambers QC saw this as an aggravating factor.
Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require an emergency response or expert legal advice, please phone us on 0207 993 6960.