header-logo header-logo

07 July 2017
Issue: 7753 / Categories: Legal News , Employment
printer mail-detail

Employers to pay price

Higher sentences proposed for reckless & negligent employers

Employers who commit manslaughter could face higher custodial sentences, from eight to 18 years in the most serious cases, under draft guidelines drawn up by the Sentencing Council.

In a consultation published this week, ‘Manslaughter Guideline Consultation’, the council proposes tougher penalties for gross negligence manslaughter, where the offender is in breach of a duty of care towards the victim, which causes the death of the victim and amounts to a criminal act or omission. This could include employers who ‘completely disregard’ the safety of employees or doctors whose care of a patient falls far below the required standard, the Council said. Currently, there is only limited sentencing guidance for manslaughter, and these are the first set of comprehensive guidelines for the offence.

The Council said its proposals were based on an analysis of current sentencing practice, with little change in sentence levels for most areas apart from in some gross negligence cases. It said judges currently tend to order more lenient sentences in gross negligence cases where, for example, employers ignore safety in order to cut costs.

Sentencing Council member Mr Justice Holroyde said: ‘The guidelines aim to ensure sentencing that properly reflects both the culpability of the offender and the seriousness of the harm which has been caused.’

Some 16 offenders were sentenced for manslaughter by gross negligence in 2014, incurring custodial sentences ranging from nine months to 12 years, four of which were suspended. The median sentence length was four years.

The consultation ends on 10 October 2017.

Issue: 7753 / Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll