Many of you will already be aware of this but just in case:

After three years of dithering section 85 of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ('LASPO') came into force on 12th March 2015 and these provisions will apply to health and safety (and other serious offences) committed after that date.

Section 85 removes the fine limits of £20,000 (the Health and Safety at Work, etc. 1974 ('HSWA')) and £5,000 (regulations made under the HSWA) that Magistrates’ Courts could previously impose meaning that Magistrates Court can now impose unlimited fines.

While the Magistrates Courts will have unlimited sentencing powers Lay Magistrates themselves will not. The Criminal Practice Direction XIII Annex 3 (page 49) has been amended to indicate the types of case in which, despite the unlimited fine being available, must be dealt with by an authorised District Judge. These cases include cases:

• involving death, significant life changing injury or a high risk of death or significant life‐ changing injury;
• where the defendant organisation has a turnover between £10 and £250 million and it has acted in a deliberate, reckless or negligent manner;
• where the court will be expected to analyse complex company accounts;
• that are high profile, or ones of an exceptionally sensitive nature.

Section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 can be invoked in order to allocate a case to the Crown Court for sentence. As organisations with an income in excess of £250 million are likely to continue to be remitted to the Crown Court for trial and/or sentencing.

Regards.

DJ