Guideline on Corporate Manslaughter published
Guideline on Corporate Manslaughter published
The Sentencing Guidelines Council have published guidance for courts in dealing with companies and organisations that cause death through a gross breach of care or where breach of health and safety requirements are a significant cause of the death. The council states that fines for companies and organisations found guilty of corporate manslaughter may be millions of pounds and should seldom be below £500,000. For other health and safety offences that cause death, fines from £100,000 up to hundreds of thousands of pounds should be imposed, although in deciding the level of fine, account must be taken of the financial circumstances of the offending organisation. The guidelines also state that when fixing the fine, a court should not be influenced by the impact on shareholders and directors, nor consider the costs of complying with other sanctions. However, the effect on the employment of the innocent may be relevant, as may the effect on provision of services to the public. The guidance also recommends that Publicity Orders, which order companies and organisations to publish statements about their conviction, are part of the penalty and should be imposed in virtually all cases. Council member and Vice President of the Court of Appeal (Criminal Division) Lord Justice Anthony Hughes said: 'Fines cannot and do not attempt to value a human life - compensation will be assessed separately in these cases. These are serious offences and the fines must be punitive and substantial and have an impact on the company or organisation.' However the TUC expressed regret that the guidelines had moved away from an earlier recommendation that they be based on a company's turnover. TUC health and safety officer Hugh Robertson said 'While the proposals mean that many fines will be higher than at present, many unions will still be disappointed that these fines will be a drop in the ocean for some big companies. In addition we are disappointed that the guidelines did not take the opportunity to remind courts that they should consider disqualification of directors in all cases where a death has occurred.' The sentencing guidelines take effect from Monday 15 February 2010.
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