From 1 February 2016 Crown Courts and Magistrates Courts in England and Wales will be bound by tough new guidelines when sentencing offenders who have been convicted of breaking health and safety law.

For the first time courts in England and Wales will be required to follow comprehensive sentencing guidelines

Neal Stone, policy and standards director at the British Safety Council, said: “We broadly welcome the new guidelines and in particular that in future that three factors will be key in determining fines for health and safety offencese: the degree of harm caused, the culpability of the offender, and; the turnover of the offending organisation.

"Having consulted our members we were able to say in response to the Sentencing Council’s proposals that there was overwhelming support for this change which would help ensure greater consistency in the sentencing practice of our courts and a level of fines that fit the crime.

“This long overdue change is specifically in relation to the level of fines imposed and in certain cases the use of imprisonment as a sanction. What is clear is that the courts have on occasions failed to properly take into account the seriousness of the offence in weighing up the appropriate penalty.

“To date the largest fine imposed in Great Britain for a health and safety offence – £15 million – was on Transco in 2005. That unenviable record may soon change.

“The new guidelines, which will in some cases, result in far greater fines than courts are currently imposing, reflects a shift in not only public opinion but concerns among certain members of the judiciary, including Lord Thomas, the Lord Chief Justice. As he has made clear in recent appeal court decisions the purpose of fines is to reduce criminal offences, reform and rehabilitate the offender and protect the public. 

“If the changes in sentencing practice do not help achieve these objectives – particularly ensuring compliance and discouraging law breaking – then they count for nothing. What we will need to see is clear evidence that the new guidelines have played their part in improving health and safety.

"Extra money through increased fines going into Treasury coffers should not be the name of the game. The objective must be to reduce the deficit of fatal and major injuries and occupational ill health.”

Votes: 0
E-mail me when people leave their comments –

You need to be a member of Landscape Juice Network to add comments!

Join Landscape Juice Network

Open forum activity

Tim Wallach posted a discussion
How do you get on using a tripod ladder taller than the hedge you're cutting?  Are photos using them like this practical?I cut a variety of heights and only want to buy one new ladder to rule them all.   I currently use a folding combination ladder…
4 hours ago
Jon Chandler replied to Ian Stanton's discussion lawn repair soil
"Hi Ian,
My chooice is to scarify, overseed then top dress using Field 4 organic dressing, it's bloody brilliant.
You work it over the lawn with a lute or landscaper rake, i buy in bulk and have it delivered.
Hope that helps.
Jon"
21 hours ago
Peter sellers posted a discussion
Some of you may not be aware that your public liability insurance does not cover you for accidents/ damage whilst driving ride on machinery across car parks or on private roads. A separate policy "Road risks" is required regardless of whether the…
23 hours ago
Fusion Media posted a blog post
Monty’s Machinery has been appointed as an authorised dealer for Etesia UK, strengthening the brand’s presence across Cornwall and the wider South West.Founded in January last year by Adam Hicks, Monty’s Machinery may be a relatively new name, but…
yesterday
Graham Taylor replied to Peter sellers's discussion New for old insurance
"Sadly, I'd say  most commercially used stuff isn't really worth anything after 4 years work. As you say, if they give you half the new value, you'll never find a satisfactory secondhand one for that money but will just have to put it towards the…"
yesterday
Peter sellers replied to Julian chambers's discussion Sick pay insurance
"We used to use Cirencester Friendly Society, the friendly societies tend to offer better terms. Premiums are based on financial benefit amd how many days delay after injury/sickness you choose before they payout. Make sure all medical history…"
Monday
Julian chambers posted a discussion
Hi all. Hope everyone is getting off to a good start this season.Can anyone recommend a decent sick cover or work injury company. There's a lot out there so solid suggestions welcome pleaee 
Sunday
Richard Shelton replied to PGM's discussion Grass Cutting 2026 Season
"Most of our contracts run from 1st April, but the grass is ready to cut now. I've cut my personal lawns, but like other commenters on here, I cut in late November as well. Too wet from December and brought February though."
Sunday
Neil Darby replied to PGM's discussion Grass Cutting 2026 Season
"Done a few first cuts this week, my own lawn (or whart is left of it, last Sat.) Far too wet, even for the Stihl battery mower on one of the four lawns, for one client. Firm enough everywhere else. But the Moss....... everywhere I look there is…"
Saturday
PGM replied to PGM's discussion Grass Cutting 2026 Season
"Absolutely, we're the same for wet weather. Get the right tools and good waterproofs and just carry on. Have a great season "
Saturday
M Olsson replied to M Olsson's discussion Trailer and Rotavator for Sale
"If allowed, happy to share private email or phone number "
Saturday
M Olsson posted a discussion
Hi everyone,Firstly, my sincerest apologies if this is not allowed. I set up my self employed gardening business a couple of years ago, went really well but unfortunately developed Rhabdomylosis, and turns out I have a rare genetic condition. Now I…
Saturday
Dylan replied to PGM's discussion Grass Cutting 2026 Season
"Very true great machines but heavy and c. Easy damage lawns if the ground is on the soft side"
Saturday
Sam Bainbridge replied to PGM's discussion Grass Cutting 2026 Season
"Gonna make a start this week had a day off on Thursday check all is running and ready for action even the 30yr old honda started 2nd pull they don't make them like that anymore, picked the iseki up too so all set to go next week although forecast…"
Saturday
Peter sellers replied to Ian Stanton's discussion lawn repair soil
"Ian, we have bought some utter crap over the last 40 years in the trade. The words " screened" and to " British Standard" are meaningless and appear to cover up screened demolition waste mixed with green waste or just green waste.
For the amount you…"
Saturday
David Benson replied to Peter sellers's discussion New for old insurance
"I forgot to add your premiums will go up as you have had a claim "
Friday
More…

Trailer and Rotavator for Sale

Hi everyone,Firstly, my sincerest apologies if this is not allowed. I set up my self employed gardening business a couple of years ago, went really well but unfortunately developed Rhabdomylosis, and turns out I have a rare genetic condition. Now I…

Read more…
1 Reply · Reply by M Olsson on Saturday
Views: 80