Consultation Guidelines on Corporate Manslaughter and Health and Safety Offences opens debate

The Sentencing Guidelines Council published the new consultation guideline on 28th October 2009.

Fines for organisations found guilty of the new offence of corporate manslaughter may be measured in millions of pounds and unlikely be less than £500,000.

The new sanction of Publicity Orders forcing companies and organisations to make a statement about their conviction and fine introduced under the Corporate Manslaughter and Corporate Homicide Act should be imposed in virtually all cases.

Andy Hawkes, CEO of Cardinus Risk Management commented:

“Companies need to be aware that failure to meet duty of care obligations will result in serious financial implications. Getting policies and processes right from board level down to the shop floor is essential”.

The guideline proposal, which also deals with health and safety offences in the workplace that cause death, suggests that fines in these cases should seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more.

In deciding the level of fine, the Council says that a court should not be influenced by the impact on shareholders and directors but the effect on the employment of the innocent may be relevant.

The Council’s full consultation guideline and letter to consultees are available on the SGC website ( www.sentencing-guidelines.gov.uk) along with the Sentencing Advisory Panel’s advice to the Council.