Friday 30 October 2009

UK: England and Wales: corporate manslaughter and health and safety offences causing death

The Chartered Secretary website has alerted me to the publication of a consultation guideline by the Sentencing Guidelines Council concerning the offence of corporate manslaughter. In the accompanying letter to consultees, the Council provides this overview of its proposed approach: 

... the Council is proposing that, in some respects, the guideline should take a different form from that adopted for most other offences. As usual, the proposed guideline sets out the key principles regarding the assessment of the seriousness of an offence. However, rather than setting out specific starting points, it proposes a level below which a fine would not normally be expected to fall [£500,000] supported by a general indication concerning the extent to which a fine should be above that level. In addition, guidance is given concerning the use of the powers to make a publicity order (which the Council considers should ordinarily be imposed in cases of corporate manslaughter) or a remedial order".

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