The recent UK Court of Appeal judgement in the case of R v Whirlpool UK Appliances Limited provides a useful analysis on the approach that courts should take when sentencing “very large organisations” under the Sentencing Council’s Definitive Guideline on Corporate Manslaughter, Health and Safety and Food and Safety Hygiene Offences (“the Guideline”).… Continue Reading
Following a recent Court of Appeal case, very large companies who are involved in cases of serious environmental crime (i.e. cases of Category 1 harm where the cause is deliberate) could face fines of up to 100% of the company’s pre-tax net profits – even if this results in fines of £100+ million. On the … Continue Reading
The long awaited Section 85 of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the “Act”), which removes the fine limits that Magistrates’ Courts can impose for serious offences, came into force on 12 March 2015, meaning that for certain serious offences committed on or after 12 March 2015, the Magistrates Court can … Continue Reading
It has been widely reported in the UK that maximum fines available to magistrates will soon increase fourfold; and that the lower courts will also be able to levy unlimited fines for some offences in England and Wales. The greatest attention in the popular press has probably been on the impact these powers will have … Continue Reading
