The Sentencing Guidelines Council has published a draft guideline on sentencing organisations on corporate manslaughter and health and safety offences, causing death, as introduced by the Corporate Manslaughter and Corporate Homicide Act.
This is the first offence guideline issued by the Council relating to sentencing organisations rather than individual offenders and it is important public authorities, charitable or other not-for-profit organisation are aware of the proposals in the consultation, take the opportunity to review the implications and respond where appropriate.
Draft Guidelines Consultation
The draft guidelines recommend that companies and organisations that cause death through gross breaches of care should face punitive and significant fines and be subject to Publicity and in some cases, Remedial Orders.
The Council has assessed the appropriate level of a financial penalty for a serious offence which might be committed by a commercial organisation, a public authority or by a charitable or other not-for-profit organisation.
Recommendations include:
- Publicity Orders will force convicted companies and organisations to make a statement about their conviction and fine to ensure that the conviction is known to local people, customers and shareholders. Organisations may also be forced to put a statement on their websites.
- To enable the court to make an accurate assessment of its financial status, an organisation convicted of corporate manslaughter could be required to provide comprehensive accounts for the last three years.
- Where a publicly funded or third sector organisation is convicted of corporate manslaughter, the organisation’s gross revenue income or equivalent will be taken as a proposed starting point in deciding the financial penalty. It is recommended that the court should consider the potential impact of the proposed fine on the provision of services by the convicted organisation and whether this might justify a reduction in the size of the fine.
Next Steps
The Sentencing Guidelines Council is welcoming feedback by the 5th January 2010. The Council will then consider any responses received and issue a definitive guideline to which every court is required to have regard in accordance with section 172 of the 2003 Act.
Full details can be found at the Sentencing guidelines website at http://www.sentencing-guidelines.gov.uk/
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