Rank: Forum user 
|
Hi All, On the radio this morning was discussion on the Sentencing guidance for manslaughter, inc Gross Negligence, which is looking to be revised upwards, attached is a link to the consultation. http://www.sentencingcouncil.org.uk/consultations/manslaughter-consultation/
I would like to ask what thoughts people have on the impact on individuals' desire to take on challenging projects or desire to address areas in high risk areas, for fear of acting in an area where a future issue may arise.
Obviously, health and safety is always targeting higher risk activities, however do you think there will be a further drive for outsourcing higher risk activities to others as a risk mitigation measure? ( good or bad thing in terms of control?) - subcontractor and contractor management issues hightened What do you think about how far below the reasonable person's judgement might fall or if there would be a similar culpability matrix to the level of harm one that has been adopted for companies? position and culpability? If punishment goes further up, I would anticipate that lawyers representing the individuals concerned are going to be even more pointed in discussing the level of culpability of where someone's judgement at the time, culminating in lengthy discussions/narrative verdicts, rather than a simplistic binary guilty/not guilty verdict. - are courts and juries going to cope well with complexity for basis of plea? Will slopey-shoulder syndrome mean that people have even less desire to engage with H&S initiatives? - or would you think it would go the other way? What effects do you think it would it have on you personally in terms of decisions made/recorded?
|
|
|
|
|
|
Rank: Super forum user 
|
Stuart
Thanks for the link. BTW you ask a lot of questions - Lol.
First and foremost, I think sentencing for serious crimes is far too lenient as a rule. I am in favour of upping the ante to ensure sentences are both a deterrent and a commensurate punishment. In some cases which I have read the offender has literally sent a worker to their death, indeed not far short of murder - they deserve all they get in my book.
That said, I think involuntary manslaughter i.e. gross negligent manslaughter for health and safety offences is a difficult offence to provide guidance because there is so many different degrees of culpability. I think in the past Judges have not fully appreciated the nuances of health and safety offences and perhaps the SC guidance will ensure a modicum of consistency is applied.
I do not honestly believe higher sentencing will deter those from working in high risk industries. Rather, it may serve to focus the minds of those who wish to cut corners and put others at risk. Those who are genuinely trying to comply with health and safety legislation have little to fear.
|
|
|
|
|
|
Rank: Super forum user 
|
If future cases follow those that have already been brought then I think that little will change. Most prosecutions seem to have been related to wilful acts of disregard of rules, requirements, advice from inspectors etc. The people who have always done their best might do a bit more but sadly the people who can't be bothered probably won't be affected at all and will continue to gamble with the lives of their workers.
|
|
|
|
|
|
Rank: Forum user
|
Based on the sentences passed in 2014, in order to reflect current sentencing practice the majority of cases would fall into culpability C.
Having determined the category at step one, the court should use the corresponding starting point to reach a sentence within the category range below. The starting point applies to all offenders irrespective of plea or previous convictions. •
Where a case does not fall squarely within a category, adjustment from the starting point may be required before adjustment for aggravating or mitigating features.
Culpability A B C D
A Starting point 12 years’ custody Category range 10 – 18 years’ custody
B Starting point 8 years’ custody Category range 6 – 12 years’ custody
C Starting point 4 years’ custody Category range 3 – 7 years’ custody
D Starting point 2 years’ custody Category range 1 – 4 years’ custody
In cases of motor manslaughter regard should be had to the Causing death by dangerous driving definitive guideline to ensure that the sentence for manslaughter does not fall below what would be imposed under that guideline.
|
|
|
|
|
|
Rank: Super forum user
|
I think that these guidelines are part of trend of harder sentencing for H&S and related offences. In the past the courts often took the attitude that these offences were just accidents not really criminal acts. But these new guidelines are part of a process to get those people who are responsible for criminal acts properly punished. The aim of this being in part to make an example of them; pour encourager les autres.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.