(精选)NHS临床指南 IOSH LONDON METROPOLITAN BRANCH教学课件.pptVIP

IOSH LONDON METROPOLITAN BRANCHLEGAL UPDATE 2016 Presentation by Kizzy Augustin, Senior Associate Pinsent Masons LLP Tuesday 8 March 2016 Overview of today’s presentation The Sentencing Guidelines 2016: Drivers for change for the new system Overview of the 2016 Guidelines Surprising consequences Individuals and the Custody threshold? Cases – effect of the Guidelines Corporate Manslaughter – how have things changed? Fire Safety – sector trends Questions Drivers for change in sentencing? Lack of comprehensive guidance for the Courts – concern that sentences passed for serious HS offences committed by organisations were “too low”. Recent Environmental Guidelines (Thames Water case ): when sentencing large companies in order to achieve objectives of punishment, deterrence and removal of gain – significant penalty must be imposed. Reflect fines imposed in financial services market for breach of regulations – millions of ￡￡￡￡￡￡ Understanding the new system…. Sentencing Council consultation on draft guidelines for health and safety offences, corporate manslaughter, food safety and hygiene offences Consultation began on 13 November 2014 and ended on 18 February 2015 Definitive guidelines published in November 2015, with implementation on 1 Feb 2016 Overview of the Guidelines - Culpability Firstly, determine Culpability – 4 Categories: Very high – deliberate or flagrant breach High “fell far short of the appropriate standard”, “evidence of serious systemic failings …” Medium – fell short, but between High and Low categories Low – “did not fall far short of the appropriate standard”, “evidence that failings were minor and not systemic” Then determine the Harm – 4 Categories based on seriousness and likelihood: Overview of the Guidelines – Harm “risked” Overview of the Guidelines - Turnover Then decide the Organisation Category based on TURNOVER: Very large organisations: “turnover … greatly exceeds ￡50m” Large (￡50m t/o) Medium (￡10-￡50m t/o) Small