Legal Support
Given our regulatory and industry experience, we are able to provide technical advice or support as an expert witness
Summary or Indictable offences are dependant on the seriousness of the offence. Sentencing Council allocation guidelines take account of the facts of the case and any legal complexities that might arise.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force which has the effect of increasing the maximum level of fines within Magistrates' Courts (previously £20,000 for most health and safety offences) to an unlimited amount.
The new sentencing guidelines issued applies to offences committed that breach HSW Section 2/3 and any breaches to Health and Safety Regulation made under Section 33(1)(c) of HSW.
Sentencing Guidelines
Key to these sentencing guidelines are establishing culpability and harm. It is therefore essential operators undertake a thorough and complete investigation which establishes underlying factors, learning lessons, benchmark standard, where the operator was in relation to the benchmark, recommended actions to bring about improvements, and finally culpability.
Ultimately any legal enforcement by the regulator will be a thorough process, it is therefore essential that operators are prepared.
