I am currently reviewing the work of sixteen renowned ‘world-class’ expert contributors brought together into one cohesive reference book – the definitive work on corporate liability.
As this book went to print the Sentencing Guidelines Council issued a press notice on 27 October 2009 which announced a consultation period to 5 January 2010 after which date their recommendation are:
“Fines for organisations found guilty of the new offence of corporate manslaughter may be measured in millions of pounds and should seldom be below £500,000”
… and for other fatalities in the workplace …
“Fines in these cases should seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more … “
The Sentencing Guidelines Council says
“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 Sentencing Guidelines Council further stated
“Publicity Orders should be imposed in virtually all cases and the public sector was to be treated the same in relation to the standards expected …”
… and for public services the Council say
“Punitive fines for breach will follow although a different approach to determining the level of fine may be justified”
My full review will be published here shortly …
Title. Corporate Liability – Work Related Deaths and Criminal Prosecutions [2nd edition]
General Editor: Gerard Forlin
Editor: Louise Smail
Place of publication: LondonUK
publisher, Bloomsbury Professional Ltd
date of publication. December 2009
Number of pages: 632pp
David F Jones Editor-in-Chief
