A Summary of The Sentencing Guidelines
Legal Update
A Summary for Business Owners on The Sentencing Guidelines
What is it?
The Sentencing Guidelines have changed, meaning sentencing procedures for breaches of Health and Safety have been significantly altered. This will likely result in a very large increase in the fines and other punishments for more serious safety breaches.
What do I need to know?
• The guidelines apply to organisations (including the self-employed) over 18 years old and this summary deals with organisations only (the new guidelines also apply to individuals).
• They came into force on February 1st, 2016.
• They are enforced by every court hearing a case of alleged breach of safety law.
• The guidelines create category ranges to deal with varying degress of seriousness and allow for calculations to be made to determine appropriate and proportionate sentences.
• There are nine considerations (see below) used to determine sentences
What do I need to do?
• Ensure you have a competent safety advisor appointed and that they have re-considered the increased risks to the organisation.
• Ensure that your Health and Safety documentation reflects the changed risk from the increased consequences.
• Consider revising your budget and other resources for Health and Safety, based on the changed risk.
• Address the risk factors arising from the nine considerations now used to determine sentences. In particular incidents that could cause serious harm and the turnover of the business, have now become much more important and relevant.
The Nine Considerations
- The category of offence (the culpability and potential seriousness tests)
- The annual turnover of the organisation (there are category ranges, the higher the turnover, the higher the fine)
- A review (based on fairness and proportionality)
- Adjusting the fine, if neccessary (considering various factors including affecting teh defendants ability to reach compliance)
- Reducing the fine, if neccessary (affected by e.g. assistance to the prosecution)
- A reduction (for a guilty plea)
- Ancilliary orders (a remedial order such as an improvement or prohibition notice)
- Totality principle (considering the total offence if more than one breach is involved)
- Reasons (explaining the reasons for and effect of the sentence)
Summary
As the Law changes employers are expected to keep up to date. We do the work for you to keep updated on Safety and Human Resources https://www.greensconsultancy.co.uk/blog
If you require any information on the above, or advice or assistance with Health and Safety please don’t hesitate to contact us;
Tel: 0116 216 9224 Email: [email protected]