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Higher Fines under the Draft Guidelines for Health & Safety and Corporate Manslaughter.

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The Sentencing Council for England & Wales created by the Coroners' & Justice Act 2009 has published their latest consultation on Draft Guidelines for Health & Safety Corporate Manslaughter.

For Corporate Manslaughter    

It suggests a starting point of £300,000 for an offence category B for micro-organisations (turnover under £2m) to £7.5 million in offence category A for large organisations (turnover more than £50m). Fines will likely range from £180,000 to £20 million.

The Sentencing Council suggest the appropriate fine will seldom be "less than £500,000 and may be measured in the millions of pounds"

For Health and Safety

The Sentencing Council suggest the appropriate starting point where there is very high culpability will be £250,000 for micro-organisations (turnover under £2m) to £4 million for large organisations (turnover more than £50m).

There is no guidance for 'very large organisations' save that the Sentencing Council "Where the defendant organisation's turnover or equivalent very greatly exceeds the threshold for large organisations it may be necessary to move outside the suggested range to achieve a proportionate sentence".

For individuals the starting point ranges from conditional discharge and fine to 18 months custody.

The guidelines separate organisations by turnover:

Micro-organisations:  under £2 million
Small organisations: £2 million and £10 million
Medium organisations: £10 million and £50 million
Large organisations: £50 million and over.

Aims of the Guidelines:

To ensure that sentences are proportionate to the seriousness of the offence and the means of the offender, to provide a consistent and clear approach to sentencing of these offences, to assist sentencers in achieving the aims of sentencing in the area

The Sentence must:

Be fair and proportionate, meet the aims of punishment, deterrence and removal of any quantifiable economic gain, and reflect the extent to which the offender fell below the required standard.

Fisher Scoggins Waters is a leading construction, engineering and manufacturing litigation firm, specialising in disputes and disasters. For further information on this article or any of our litigation services, please contact us on: +44 (0) 207 993 6960.

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Categories: Health & Safety

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