header-logo header-logo

22 November 2007 / Richard Harris
Issue: 7298 / Categories: Features , Regulatory
printer mail-detail

Time for reform?

Should punitive health and safety measures be reformed? Richard Harris reports

The government announced plans last month for the implementation of the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) on 6 April 2008. While this has presented a whole new set of punitive measures for failing to comply with health and safety regulations, debate continues within the market place about the suitability of existing punitive measures.

In November 2006, Professor Richard Macrory published his report entitled Regulatory Justice: Making Sanctions Effective. Following upon recommendations made in the Hampton review, Reducing Administrative Burdens: Effective Inspection and Enforcement, covering general business regulation, the Macrory report was commissioned by the government specifically to examine the UK system of regulatory sanctions. Hampton had called for a risk-based sanctions regime in the regulatory sector, that is to say sanctions based on the risk of re-offending. Macrory addressed sanctioning issues in this context.

CURRENT SANCTIONS

There are currently over 60 non-financial regulators operating in the UK. Familiar examples with significant sanctioning powers include the Health & Safety Executive

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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.

back-to-top-scroll