Sentencing guidelines for Public organisations

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Sentencing guidelines for Public organisations - how do they consider fines for organisations that arent private

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JL		#1 Posted : 15 September 2019 11:47:11(UTC)
Rank: Forum user		I think I understand that when a private organisation is fined in court the sentencing guidelines take into account the company’s turnaround and impact on key stakeholders as one of many considerations before issuing a penalties. How does this work for companies that are government funded or organisations that are funded by local councils or even have European funding as a revenue source? Is there a separate guideline for these companies (if so, does one sector get more penalised than another), I assume civil cases are no different for either?


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stevedm		#2 Posted : 16 September 2019 06:53:40(UTC)
Rank: Super forum user		There really isn't any difference...the only suggested difference is when looking at the financials...the link below should help... https://www.sentencingcouncil.org.uk/offences/crown-court/item/organisations-breach-of-duty-of-employer-towards-employees-and-non-employees-breach-of-duty-of-self-employed-to-others-breach-of-health-and-safety-regulations/

1 user thanked stevedm for this useful post.		JL on 16/09/2019(UTC)
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Mr Insurance		#3 Posted : 16 September 2019 07:58:03(UTC)
Rank: Forum user		Couple of good examples of large fines to public bodies in this link - https://www.fisherscogginswaters.co.uk/blog/article/268/how-has-the-sentencing-guidelines-affected-public-sector-health-and-safety-fines

1 user thanked Mr Insurance for this useful post.		JL on 16/09/2019(UTC)
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A Kurdziel		#4 Posted : 16 September 2019 11:03:24(UTC)
Rank: Super forum user		The guidance specifically states that “Where the fine will fall on public or charitable bodies, the fine should normally be substantially reduced if the offending organisation is able to demonstrate the proposed fine would have a significant impact on the provision of its services.” Note it is for the offending organisation to establish that the fine would significantly affect the services they provide: it’s not a get out of jail free card.

2 users thanked A Kurdziel for this useful post.		JL on 16/09/2019(UTC), jwk on 16/09/2019(UTC)
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