NHS临床指南 IOSH LONDON METROPOLITAN BRANCHPPT.pptVIP

IOSH LONDON METROPOLITAN BRANCHLEGAL UPDATE 2016;Overview of today’s presentation;Drivers for change in sentencing?;Understanding the new system….;Overview of the Guidelines - Culpability;Overview of the Guidelines - Turnover;Understanding the impact of the culpability factors;What the new fines may look like…;The Headlines???;What does this all mean?;Culpability Factors for Health Safety Offences by Organisations;Assessing ‘Likelihood of Harm’ The difference between basing fines on ‘harm risked’ and on actual harm ;Harm category matrix - organisations;Upward adjustment for multiple risk or actual harm;What about ‘very large organisations’? ;Very large organisations;Court of Appeal – Fines in excess of ￡100m for very large companies;*;Fines in excess of ￡100m for very large companies;Culpability Factors for Health Safety Offences by Individuals;Individuals – where is the custody threshold?;Individuals – where is the custody threshold?;Recent Cases – effect of the Sentencing Guidelines;Case Study – Hugo Boss;Balfour Beatty Civil Engineering Ltd;C.RO Ports London Limited;National Grid Gas (Plc);UK Power Networks (Operations) Ltd ;Introduced “new” manslaughter offence for organisations In force – 6 April 2008 (now 7 years old!) 15 convictions to date (4 trials; 11 guilty pleas) 3 acquittals 4 further charges outstanding: Baldwins Crane Hire Limited Sherwood Rise Limited McGoldrick Enterprises Limited (NI) Maidstone and Tunbridge Wells NHS Trust Differing jurisdictional appetite? 17 cases in EW; 5 in NI; and 0 in Scotland ;Corporate Manslaughter – ongoing cases....;Fines For Corporate Manslaughter;Reputational Damage;Fire Safety – Sector Trends;; Pinsent Masons LLP is a limited liability partnership registered in England Wales (registered number: OC333653) authorised and regulated by the Solicitors Regulation Authority, and by the appropriate regulatory body in the other jurisdictions in which it operates. The word ‘partner’, used in relation to the L