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Proposed sentencing guidelines

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The draft proposed sentencing guidelines for health and safety offences will inevitably increase penalties and a recent case highlights the need for employers including school governing bodies to be vigilant in respect of health and safety.

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Proposed sentencing guidelines

  1. 1. Presenter name/date here Sentencing guidelines consultation April 2015 – Emma Cragg
  2. 2. 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.
  3. 3. 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.
  4. 4. 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.
  5. 5. Health and safety offences Consideration 1 - Culpability Organisations • 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.
  6. 6. Health and safety offences Consideration 2 - Harm
  7. 7. 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.
  8. 8. Health and safety offences Micro organisations
  9. 9. Health and safety offences Small organisations
  10. 10. Health and safety offences Medium organisations
  11. 11. Health and safety offences Large organisations
  12. 12. Health and safety offences The 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.
  13. 13. www.education-advisors.com

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