header-logo header-logo

Boardroom bliss?

15 April 2010 / Iain Daniels , Paul Brehony
Issue: 7413 / Categories: Opinion , Company , Health & safety
printer mail-detail

The Sentencing Guidelines Council (SGC) issued “definitive guidelines” in relation to corporate manslaughter and health and safety offences causing death on 9 February 2010. Every court must consider these when sentencing organisations on or after 15 February 2010, irrespective of whether the relevant prosecution was commenced before this date.

The Sentencing Guidelines Council (SGC) issued “definitive guidelines” in relation to corporate manslaughter and health and safety offences causing death on 9 February 2010. Every court must consider these when sentencing organisations on or after 15 February 2010, irrespective of whether the relevant prosecution was commenced before this date.

Ever since the publication of the draft Corporate Manslaughter Bill, an increasingly heated debate has raged between interested lobbying groups concerning the formulation of financial penalties to be levied against an organisation on conviction, specifically whether fines should be calculated by reference to that organisation’s turnover.

The genesis of the issues

In 2008 the Sentencing Advisory Panel (SAP) first proposed that the courts, when fining organisations for either corporate manslaughter or fatal health and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll