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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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