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19 March 2015
Issue: 7645 / Categories: Legal News , Health & safety
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No limits on fines a “game changer”

Magistrates have been given powers to impose unlimited fines across the board in a move which may take many by surprise. The implementation of s 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 means magistrates can now impose unlimited fines.

Previously, fines in the magistrates’ courts were capped at £20,000 per charge. Under s 85(1) the limit is removed on certain fines on conviction by a magistrates’ court “where, on the commencement day [12 March], a relevant offence would, apart from this subsection, be punishable on summary
conviction by a fine or maximum fine of £5,000 or more (however expressed), the offence is punishable on summary conviction on or after that day
by a fine of any amount”. 

Gerard Forlin QC, of Cornerstone Barristers, says: “It’s a game changer. Only the future will inform us, but it will be extremely interesting to see how many cases will now remain in the lower courts and not be sent up to the Crown Court.

"These cases will include regulatory offences such as health and safety and environmental cases. Further, this change to sentencing powers was also highlighted in the recent Sentencing Council document relating to health and safety offences, corporate manslaughter and food safety and hygiene offences guidelines."

 

Issue: 7645 / Categories: Legal News , Health & safety
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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