Thursday 15 Nov 2007 @ 11:36
Sentencing Council
Sentencing Council
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SENTENCING ADVISORY PANEL LAUNCHES CONSULTATION ON SENTENCING FOR CORPORATE MANSLAUGHTER
Organisations guilty of corporate manslaughter should face publicity orders and fines based on average annual turnover – these are the key proposals from the Sentencing Advisory Panel in a consultation paper published today.
The imposition of significant fines would reflect the serious concerns resulting from the unnecessary loss of life involved in corporate manslaughter, where death has been caused by a gross breach of the duty of care that an organisation owed to the deceased. The prospect of large fines should also encourage compliance with health and safety regulations.
The courts may also impose a publicity order – a new sanction that is designed to bring the failings of the offending organisation to the attention of the public – and the Panel proposes that, in principle, courts should impose a publicity order on every organisation convicted of the offence
A range of publicity options is suggested in the consultation paper, including the placing of an advertisement in newspapers and trade journals or on television or radio as well as ordering letters be sent to shareholders and customers.
The Corporate Manslaughter and Corporate Homicide Act 2007 was enacted in response to problems applying the existing common law offence of manslaughter by gross negligence to organisations rather than to individual defendants; it is due to come into force on 6 April 2008.
The offence of corporate manslaughter is designed to secure, in a wider range of situations than under existing law, a conviction for a criminal offence that properly reflects the seriousness of the worst instances of management failure causing death. It is designed to complement, rather than replace, existing health and safety offences.
Comprehensive guidelines are required as corporate manslaughter is a new offence and one that also incorporates a totally new sanction (publicity orders) with which the courts are unfamiliar.
A number of questions on which views are sought are raised in the paper. The consultation will close on 7 February 2008. Following the consultation, the Panel will submit its advice to the Sentencing Guidelines Council.
Notes to Editors:
1. The Sentencing Advisory Panel is an independent advisory and consultative body. It started work on 1 July 1999 and now is constituted under section 169 of the Criminal Justice Act 2003. It is sponsored by the Ministry of Justi=ce.
2. Prior to implementation of the relevant provisions of the Criminal Justice Act 2003, the Panel’s function was to provide fully researched, objective advice to the Court of Appeal to assist the Court when it framed or revised sentencing guidelines. That Act established the Sentencing Guidelines Council to take over responsibility for issuing sentencing guidelines and so, with effect from 27 February 2004, the Panel has submitted its advice to the Council rather than to the Court of Appeal. The Panel can offer advice on general sentencing principles as well as specific offences.
3. During 2007, the Panel has consulted on sentencing for offences of causing death by driving, revised Magistrates’ Court Sentencing Guidelines, and the impact that offences taken into consideration should have on the offence(s) for which an offender has been convicted as well as fraud and breach of an ASBO. The Panel has tendered advice to the Sentencing Guidelines Council on sentencing for Bail Act offences, Assaults and other offences against the person, a range of dishonesty offences, revised Magistrates’ Court Sentencing Guidelines and causing death by driving offences. The Sentencing Guidelines Council has published draft guidelines on Bail Act offences and Assaults and other offences against the person. In April, the Council published definitive guidelines on sentencing for all of the offences in the Sexual Offences Act 2003 and in July it published a definitive revised guideline on reduction in sentence for a guilty plea.
4. Copies of this consultation paper may be obtained from: Gareth Sweny, Sentencing Guidelines Secretariat, 4th Floor, 8-10 Great George Street, London SW1P 3AE. The document (along with all published advice and consultation papers) is available also on the sentencing guidelines website: www.sentencing-guidelines.gov.uk.
5. For more information, please contact Sheree Dodd on 020 7084 8130.
The imposition of significant fines would reflect the serious concerns resulting from the unnecessary loss of life involved in corporate manslaughter, where death has been caused by a gross breach of the duty of care that an organisation owed to the deceased. The prospect of large fines should also encourage compliance with health and safety regulations.
The courts may also impose a publicity order – a new sanction that is designed to bring the failings of the offending organisation to the attention of the public – and the Panel proposes that, in principle, courts should impose a publicity order on every organisation convicted of the offence
A range of publicity options is suggested in the consultation paper, including the placing of an advertisement in newspapers and trade journals or on television or radio as well as ordering letters be sent to shareholders and customers.
The Corporate Manslaughter and Corporate Homicide Act 2007 was enacted in response to problems applying the existing common law offence of manslaughter by gross negligence to organisations rather than to individual defendants; it is due to come into force on 6 April 2008.
The offence of corporate manslaughter is designed to secure, in a wider range of situations than under existing law, a conviction for a criminal offence that properly reflects the seriousness of the worst instances of management failure causing death. It is designed to complement, rather than replace, existing health and safety offences.
Comprehensive guidelines are required as corporate manslaughter is a new offence and one that also incorporates a totally new sanction (publicity orders) with which the courts are unfamiliar.
A number of questions on which views are sought are raised in the paper. The consultation will close on 7 February 2008. Following the consultation, the Panel will submit its advice to the Sentencing Guidelines Council.
Notes to Editors:
1. The Sentencing Advisory Panel is an independent advisory and consultative body. It started work on 1 July 1999 and now is constituted under section 169 of the Criminal Justice Act 2003. It is sponsored by the Ministry of Justi=ce.
2. Prior to implementation of the relevant provisions of the Criminal Justice Act 2003, the Panel’s function was to provide fully researched, objective advice to the Court of Appeal to assist the Court when it framed or revised sentencing guidelines. That Act established the Sentencing Guidelines Council to take over responsibility for issuing sentencing guidelines and so, with effect from 27 February 2004, the Panel has submitted its advice to the Council rather than to the Court of Appeal. The Panel can offer advice on general sentencing principles as well as specific offences.
3. During 2007, the Panel has consulted on sentencing for offences of causing death by driving, revised Magistrates’ Court Sentencing Guidelines, and the impact that offences taken into consideration should have on the offence(s) for which an offender has been convicted as well as fraud and breach of an ASBO. The Panel has tendered advice to the Sentencing Guidelines Council on sentencing for Bail Act offences, Assaults and other offences against the person, a range of dishonesty offences, revised Magistrates’ Court Sentencing Guidelines and causing death by driving offences. The Sentencing Guidelines Council has published draft guidelines on Bail Act offences and Assaults and other offences against the person. In April, the Council published definitive guidelines on sentencing for all of the offences in the Sexual Offences Act 2003 and in July it published a definitive revised guideline on reduction in sentence for a guilty plea.
4. Copies of this consultation paper may be obtained from: Gareth Sweny, Sentencing Guidelines Secretariat, 4th Floor, 8-10 Great George Street, London SW1P 3AE. The document (along with all published advice and consultation papers) is available also on the sentencing guidelines website: www.sentencing-guidelines.gov.uk.
5. For more information, please contact Sheree Dodd on 020 7084 8130.
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