HEALTH & SAFETY - COMPLIANCE
FEATURE SPONSOR HEALTH & SAFETY OFFENCES
Andrew Oliver looks at how the guidelines for the sentencing of health and safety offences are being implemented by the courts a year after they were introduced
The criminal courts have now had some 12 months’ experience of operating the new sentencing guidelines and it is clear they have done so with enthusiasm. The implementation of the guidelines came hot on the heels of the magistrates’ courts being given unlimited sentencing power for fines; the combination of these two factors has seen an increase in the level of fines being imposed. Whilst the guidelines relate directly to
offences under the Health and Safety at Work Act 1974, the courts have been willing to utilise the same guidance on health and safety matters prosecuted by the Maritime and Coastguard Agency in respect of Merchant Shipping
Act infringements, including conduct endangering life and property under s. 58, and unsafe management under s.100 of the Act.
CLEARER GUIDANCE
Whilst the guidelines have seen a general increase in penalties they have also given more certainty in terms of sentencing practice, so that offenders have a clearer indication of the level of penalties they will face. They have also provided some guidance to lawyers in respect of how to present pleas in mitigation. This is helpful in so much as informal indications given to
the writer suggest that judges are being advised to reject longwinded speeches and the presentation of hefty bundles of documents in mitigation, with a view to concentrating on the sentencing guidelines and the circumstances of the offence itself. Whilst probably not their intent, the guidelines also provide the industry with pointers on risk management practices. Whilst the ultimate aim is to avoid incidents, nevertheless some offences are strict liability, meaning there is no defence if the facts of the case are made. As a result, whilst accidents do happen, the guidelines assist in helping to minimise the repercussions.
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