Sentencing data
The information in relation to sentencing comes purely from my own records. The maximum sentence under the FSO is two years’ imprisonment, and this can only be imposed at the Crown Court. The range of sentences handed out in my cases is varied, with fines being the main punishment (magistrates’ sentencing powers are limited to fines). However, there have been many more
sentences of imprisonment in my second 100 prosecutions than in my first 100 cases, but most prison sentences have been suspended rather than immediate custodial sentences. I have prosecuted three cases (relating to six defendants) involving fatalities. Two of these cases resulted in suspended prison sentences. Undoubtedly, sentences were harsher in cases where relevant persons had been injured, or where FRS rescues had taken place. Sentences were also more severe where there had been a fire, and where there had been breaches of enforcement or prohibition notices. Courts have used community orders, such as curfew orders and unpaid work. The total handed out in fines is £1,230,879,
and the total costs ordered are £819,616. The average fine per case is £10,520, and average costs ordered £5,661. I am not aware of any FSO fine being higher than the New Look case in 2010, which was £400,000, but there may be higher.
Grenfell impact
As part of the study, we have considered the impact of the Grenfell Tower tragedy upon sentencing, but any conclusions drawn must bear in mind the impact of section 85 of the Legal Aid Sentencing and Punishment of Offenders Act 2012, which came into force in March 2015 and removed the £5,000 limit on magistrates’ courts fines, such that all fines are now unlimited. What has to be remembered here is that individuals can only be fined according to their means. Companies are usually fined in proportion to their profits and turnover. On that basis, the data supports the view that most prosecutions have been brought against small to medium sized businesses or landlords. The government data does not really assist when considering the size of organisation prosecuted, but it is my experience that the
larger organisations are now being prosecuted more often than in the years after the FSO came into force. It is clear from all the information considered that the courts are treating fire safety cases far more seriously than ten or 12 years ago. FRSs are now being inspected and audited
on how effective they are at ‘protecting the public through the regulation of fire safety’. The number of prosecutions an FRS has taken is taken into account within that audit process, together with the issuing of enforcement and prohibition notices. Whether this means that there will be
an increase in prosecutions to ensure that inspection and audit criteria is met remains to be seen
Warren Spencer is managing director and fire safety solicitor at Blackhurst Budd Solicitors. For more information, view page 5
Further information from the study to be covered in the next columns will include the four areas above in more detail; a review of trials defences used; more on the effect of Grenfell; why so many defendants plead guilty; and enforcement notices.
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