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.
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