Rank: Forum user
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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!
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Rank: Super forum user
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New sentencing guidelines, the bigger you are the harder yo fall
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Rank: Super forum user
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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.
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Rank: Super forum user
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Originally Posted by: 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!
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.
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Rank: Super forum user
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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.
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Rank: Super forum user
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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.
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Rank: Super forum user
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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.
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Rank: Super forum user
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Rank: Super forum user
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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.
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Rank: Super forum user
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Originally Posted by: walker 
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.
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Rank: Super forum user
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Originally Posted by: 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!
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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