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saferay  
#1 Posted : 25 October 2016 15:33:01(UTC)
Rank: Forum user
saferay

Famous actor suffers a broken leg. Film production company fined £1.6 million.

Construction worker killed by falling load. Contractor fined £15,000.

Really? How can this be justice? Have the courts lost the plot? Discuss!

Bigmac1  
#2 Posted : 25 October 2016 18:44:05(UTC)
Rank: Super forum user
Bigmac1

New sentencing guidelines, the bigger you are the harder yo fall

walker  
#3 Posted : 25 October 2016 18:52:57(UTC)
Rank: Super forum user
walker

If the building contractor enjoyed the same turnover as the film production company the fine would have been a couple of million. The current fines system is the best it's ever been for h&s offences.
Yossarian  
#4 Posted : 25 October 2016 20:09:35(UTC)
Rank: Super forum user
Yossarian

Originally Posted by: saferay Go to Quoted Post

Famous actor suffers a broken leg. Film production company fined £1.6 million.

Construction worker killed by falling load. Contractor fined £15,000.

Really? How can this be justice? Have the courts lost the plot? Discuss!

It's hard to say based on the information you give. Was the latter case started prior to the sentencing guidelines being in place, or are we comparing like for like? My gut feel is along the lines of walker and Bigmac1 - i.e. the change has been a good thing for justice.
Roundtuit  
#5 Posted : 25 October 2016 21:17:56(UTC)
Rank: Super forum user
Roundtuit

Sentencing guidelines apply to when the offence reached court - not when it occurred

So anything prosecuted after February this year falls in to scope - guess what is still to derive is the fact our learned coleagues at the bench need to read and heed the changes

There have been other posts on this subject - until all the judiciary is acting to the guidelines we will see these abhorations of justice

Nice thing still to come will be the change to the guilty plea discount - own up at the outset you will retain the discount, go to court and you loose the 1/3rd off even when you finally say "Guilty M'Lud"

So as professionals we have been warned - the insurers, barristers and others are going to want to feel wartertight before advising our employers which way to plead before the court date is set.

Roundtuit  
#6 Posted : 25 October 2016 21:17:56(UTC)
Rank: Super forum user
Roundtuit

Sentencing guidelines apply to when the offence reached court - not when it occurred

So anything prosecuted after February this year falls in to scope - guess what is still to derive is the fact our learned coleagues at the bench need to read and heed the changes

There have been other posts on this subject - until all the judiciary is acting to the guidelines we will see these abhorations of justice

Nice thing still to come will be the change to the guilty plea discount - own up at the outset you will retain the discount, go to court and you loose the 1/3rd off even when you finally say "Guilty M'Lud"

So as professionals we have been warned - the insurers, barristers and others are going to want to feel wartertight before advising our employers which way to plead before the court date is set.

RayRapp  
#7 Posted : 26 October 2016 08:26:36(UTC)
Rank: Super forum user
RayRapp

I agree with others, the new SC guidelines have provided much stiffer penalties in terms of fines. It is difficult to compare like-for-like because the fine is partly determined by the turnover of the organisation. Hence my learned colleague's remark - 'the bigger you are the harder you fall.'

Would like to see more custodial sentences for those who have limited assets to pay a substantial fine.

 

walker  
#8 Posted : 26 October 2016 09:40:11(UTC)
Rank: Super forum user
walker

walker  
#9 Posted : 26 October 2016 09:54:23(UTC)
Rank: Super forum user
walker

The thing I approve (with the new system) is the potential outcome of the failing rather than the actual one being significant.

When an employee falls off a roof and lives the employer gets the same fine as one who dies (given identical circumstances).

Its the act not the outcome that attracts the fine.

Thats going to concentrate a few minds once the consequences of the new fines start to dawn on employers. 

RayRapp  
#10 Posted : 26 October 2016 10:20:54(UTC)
Rank: Super forum user
RayRapp

Thanks Walker, no idea either. The judge ripped into this thoroughly nasty man, although this was gross negligent manslaughter and not a health and safety offence per se.
gerrysharpe  
#11 Posted : 26 October 2016 10:57:27(UTC)
Rank: Super forum user
gerrysharpe

Originally Posted by: saferay Go to Quoted Post

Famous actor suffers a broken leg. Film production company fined £1.6 million.

Construction worker killed by falling load. Contractor fined £15,000.

Really? How can this be justice? Have the courts lost the plot? Discuss!

They fine you based on your company turnover, so if the fined a company 1.5 million whith a turnover of only £100,000 they are never going to get any money.

If they fine based on a percentage of what your turnover is then they will get their money and hits you where it hurts - In your bank account

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