Heavier H&S fines welcomed
2nd February 2016
Tough new guidelines for punishing companies for health & safety offences in England and Wales – potentially with much higher fines or even prison – have been welcomed by the British Safety Council as ‘long overdue’.
From this month, for the first time, the courts will be required to follow comprehensive sentencing guidelines for determining fines, based on three key factors of the degree of harm done, the culpability of the offender and the turnover of the offending organisation.
Neal Stone, Policy and Standards Director at the British Safety Council, said: “Having consulted our members, there was overwhelming support for this change which would help ensure greater consistency in the sentencing practice of our courts and a level of fines that fit the crime.
“This long overdue change is specifically in relation to the level of fines imposed and in certain cases the use of imprisonment as a sanction. What is clear is that the courts have on occasions failed to properly take into account the seriousness of the offence in weighing up the appropriate penalty.
“The new guidelines, which will in some cases, result in far greater fines than courts are currently imposing, reflects a shift in not only public opinion but concerns among certain members of the judiciary, including Lord Thomas, the Lord Chief Justice. As he has made clear in recent appeal court decisions the purpose of fines is to reduce criminal offences, reform and rehabilitate the offender and protect the public.
He went on to warn that the highest fine so far imposed in Britain - £15million – may not hold the unenviable record for much longer and added that the change in the law should not be about extra revenue for the Treasury: “The objective must be to reduce the deficit of fatal and major injuries and occupational ill health.”
The detailed guide on health and safety offences, corporate manslaughter and food safety and hygiene offences: Definitive guideline is available on the Sentencing Council for England and Wales website at:
https://www.sentencingcouncil.org.uk/wp-content/uploads/HS-offences-definitive-guideline-FINAL-web.pdf
www.britsafe.org
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