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19 March 2015
Issue: 7645 / Categories: Legal News , Health & safety
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No limits on fines a “game changer”

Magistrates have been given powers to impose unlimited fines across the board in a move which may take many by surprise. The implementation of s 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 means magistrates can now impose unlimited fines.

Previously, fines in the magistrates’ courts were capped at £20,000 per charge. Under s 85(1) the limit is removed on certain fines on conviction by a magistrates’ court “where, on the commencement day [12 March], a relevant offence would, apart from this subsection, be punishable on summary
conviction by a fine or maximum fine of £5,000 or more (however expressed), the offence is punishable on summary conviction on or after that day
by a fine of any amount”. 

Gerard Forlin QC, of Cornerstone Barristers, says: “It’s a game changer. Only the future will inform us, but it will be extremely interesting to see how many cases will now remain in the lower courts and not be sent up to the Crown Court.

"These cases will include regulatory offences such as health and safety and environmental cases. Further, this change to sentencing powers was also highlighted in the recent Sentencing Council document relating to health and safety offences, corporate manslaughter and food safety and hygiene offences guidelines."

 

Issue: 7645 / Categories: Legal News , Health & safety
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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
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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’
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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
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