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IMPORTANT NEW GUIDANCE
The Sentencing Guidelines Council has now published its guidance for the sentencing of defendants under the Corporate Manslaughter and Homicide Act 2007 and corporate defendants whose breach of the Health & Safety at Work Etc. Act 1974 was a significant cause of death. The guidance does not extend to individual defendants under the 1974 Act.
The guidance provides that the appropriate fine on conviction under the 2007 Act will seldom be less than £500,000 and may be measured in millions of pounds. It is no longer the case that fines of £500,000 or more will be reserved for public disasters as outlined in in the Friskies Petcare case.
Where an offence under the HSWA 1974 has been a significant cause of death, the fine will seldom be under £100,000 and may be measured in hundreds of thousands of pounds or more.
The guidance applies for all sentences, not offences, after 15.2.10.
Contact any of our members for further details on how they may be able to assist you.
Two new Consultation Documents
ISCA will be responding to two new Consultation Documents CD229 and CD230 respectively. The former seeks to amend the ACOP supporting the Quarries Regulations whilst the latter seeks to amend certain sections of the Health and Safety at Work etc Act 1974. Full details will be available to all ISCA members.