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07 July 2017
Issue: 7753 / Categories: Legal News , Employment
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Employers to pay price

Higher sentences proposed for reckless & negligent employers

Employers who commit manslaughter could face higher custodial sentences, from eight to 18 years in the most serious cases, under draft guidelines drawn up by the Sentencing Council.

In a consultation published this week, ‘Manslaughter Guideline Consultation’, the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission. This could include employers who ‘completely disregard’ the safety of employees or doctors whose care of a patient falls far below the required standard, the Council said. Currently, there is only limited sentencing guidance for manslaughter, and these are the first set of comprehensive guidelines for the offence.

The Council said its proposals were based on an analysis of current sentencing practice, with little change in sentence levels for most areas apart from in some gross negligence cases. It said judges currently tend to order more lenient sentences in gross negligence cases where, for example, employers ignore safety in order to cut costs.

Sentencing Council member Mr Justice Holroyde said: ‘The guidelines aim to ensure sentencing that properly reflects both the culpability of the offender and the seriousness of the harm which has been caused.’

Some 16 offenders were sentenced for manslaughter by gross negligence in 2014, incurring custodial sentences ranging from nine months to 12 years, four of which were suspended. The median sentence length was four years.

The consultation ends on 10 October 2017.

Issue: 7753 / Categories: Legal News , Employment
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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