Further Changes To Sentencing Of Those Found Guilty Of Health And Safety Offences

New guidelines have been issued which deal with those who have been found guilty of Health and Safety offences.  These guidelines have been well publicised and have dramatically increased fines for offenders.

In a further development, the Sentencing Council has opened up a consultation period in relation to their proposal to introduce stricter guidance for Courts when they sentence offenders who have admitted their guilt.

The result of these proposals would be that those who plead guilty to a Health and Safety breach could face lower fine discounts if they wait to plead guilty.  It is a well established principle that Courts give credit to those who plead guilty.  However new guidelines propose to restrict the maximum one third sentence reduction only to those cases where the offender pleads guilty at the first possible opportunity.

Under the proposals, to qualify for the maximum reduction, an offender must plead guilty the first time they are asked for their plea in Court.  For offenders who plead guilty after the first stage, the maximum reduction they can be given will be one fifth with reductions dropping further the closer to the trial date the plea is entered.

The Sentencing Council stated in their press release

“The earlier the guilty plea is entered the earlier victims and witnesses will know that they will be spared the stress and anxiety of a trial”

The Sentencing Council Chairman, Lord Justice Treacy, said

“We want those who have committed crimes to admit their guilt as early as possible.  When they do, it means victims and witnesses can be reassured that the offender has accepted responsibility for what they have done and that they are spared having to appear at Court to testify.  It also means that the Police and Crown Prosecution Service can use their resources more efficiently to investigate and prosecute other cases”

The existing rules allow Courts to give the maximum sentencing discount of one third to those who plead guilty at the first reasonable opportunity.  The Sentencing Council want a clearer, fairer and more consistent approach to managing guilty pleas that will incentivise offenders to admit their guilt as early as possible.

These proposals, if accepted, will place further pressure on those involved in cases where they are being prosecuted for alleged Health and Safety breaches.

It is therefore more important than ever that those who suspect or are under investigation by a regulator seek legal advice at the earliest possible opportunity.  It is vital that companies consider the merits of their case from the outset, with which the Regulatory Team at Chadwick Lawrence can assist.  Should you require any regulatory advice in relation to the above, or generally, please do contact Nils O’Donoghue on NilsODonoghue@chadlaw.co.uk or 01924 379078.