New sentencing guidelines for health & safety offences

Sentencing Council publishes definitive guidelines on health and safety and corporate manslaughter offences

NEW sentencing guidelines have been published by the Sentencing Council in a bid to ensure a consistent, fair and proportionate approach to sentencing organizations or individuals convicted of corporate manslaughter or health and safety offences. 

Until now, there has been limited guidance for judges and magistrates in dealing with what can be complex and serious offences that do not come before the courts as frequently as some other criminal offences, but publication of the new guidelines, which will come into effect from 1 February 2016, will ensure that, for the first time, comprehensive sentencing guidelines will exist covering the most commonly sentenced health and safety offences in England and Wales.

The introduction of the guidelines means that in some cases, offenders will receive higher penalties than would have been the case in the past, particularly large organizations committing serious offences.

The Sentencing Council says it wants fines to be fair and proportionate to the seriousness of the offence and the means of offender. The turnover of the offender will be used to identify the ‘starting point’ of the fine but sentencing ranges will also take into account other financial factors and the culpability of the offender.

Sentencing Council member Michael Caplan QC said: ‘These guidelines will introduce a consistent approach to sentencing, ensuring fair and proportionate sentences for those who cause death or injury to their employees and the public or put them at risk. These offences can have very serious consequences and it is important that sentences reflect these.’

Welcoming the release of the guidelines, the British Safety Council said they would provide a strong argument for focusing on prevention and good governance.

Neal Stone, deputy chief executive of the British Safety Council, commented: ‘We believe that these definitive guidelines are clear in presenting the business case for good health and safety. It will help to concentrate minds with the argument that it is better to prevent injury and ill health than face the costs associated with getting it wrong.’

He added that the British Safety Council fully supports the principle underlying criminal sanctions set out in the guidelines, that penalties should reflect both the culpability of organizations and individuals found to have been in breach and the harm caused.

However, Mr Stone expressed concern relating to the relatively low level of awareness among businesses of these new guidelines and the possible outcomes in relation to sentencing, and specifically in relation to individuals potentially receiving custodial sentences.

‘In this respect, ensuring that executive and senior managers are sighted and aware of these liabilities is an important element not only in relation to good governance, but also in relation to the opportunity to gain understanding of what good health and safety means to your organization and the people working within it,’ he said.

‘The real test is whether the significant increase in penalties will contribute to greater compliance and a reduction in workplace injuries and ill health occurrences. Our role is to assist organizations to achieve compliance and this will be our focus.’

Commenting on the new guidelines, Laura Cameron, partner and head of the Litigation & Regulatory Group at law firm Pinsent Masons, said: ‘UK plc has been sent a clear message that the regulatory authorities expect health and safety to remain a key corporate priority. Boardrooms across the country will be taking note, and if they are not already doing so, company directors should be pushing health and safety issues to the top of their agenda.’