12 January 2016

Sentencing guidelines to come into force in February

The Sentencing Council have published guidelines for health & safety offences, corporate manslaughter and food safety offences – these guidelines will come into force on 1st February 2016. Any case sentenced in courts in England and Wales on or after that date will apply to these guidelines.

These guidelines have been introduced to provide courts with a comprehensive guidance for those offences, due to some cases being complex and not common to the courts. The Sentencing Council decided that existing guidance should be revised and improved to ensure that fair and proportionate sentences are given to offenders.

They have stated that in some cases, these guidelines will result in higher penalties; however there are no intentions that the guidelines should increase fines across the board. However, large organisations who have flagrantly breached legislation and produced high risk of serious harm or caused actual harm, can expect to receive a fine, which is proportionate to the seriousness of the offence and their financial means.

These guidelines can be found on the Sentencing Council’s website here