Guidelines For Sentencing Corporate Entities Which Cause Death

On 27 October 2009 the Sentencing Guidelines Council ("SGC") published their long awaited Consultation Guideline. The SGC has stepped back from the headline proposal of the Sentencing Advisory Panel ("SAP") that the fine should be linked to turnover. This bulletin considers the new proposed Guidelines which are now subject to consultation until 5 January 2010. Thereafter, once the responses have been considered, final Guidelines will be published for use by the Crown Court.

Sentencing corporate entities for causing death following a prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 or the Health and Safety at Work etc Act 1974 ("HSWA") has been in the headlines ever since the SAP proposed the fine should be linked to turnover. The SAP advised the SGC that in cases involving prosecution for corporate manslaughter involving a gross breach of a duty of care creating a very high risk of death, the starting point should be 5% of annual