proposed sentencing guidelines

Download Proposed sentencing guidelines

Post on 30-Jul-2015

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1. Presenter name/date here Sentencing guidelines consultation April 2015 Emma Cragg 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. 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. 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. 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. Health and safety offences Consideration 2 - Harm 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. Health and safety offences Micro organisations 9. Health and safety offences Small organisations 10. Health and safety offences Medium organisations 11. Health and safety offences Large organisations 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. www.education-advisors.com

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