Posts Tagged ‘Failure’

Labour have called for knife crime to be treated in the same was as gun crime. They want anyone convicted of knife crime to face a custodial sentence except in the most exceptional of circumstances. This comes in the wake of the Scottish Parliamentary legislation to tackle the problem which Labour blasted an unacceptable failure

We make the same point we made on Jan 02 2010 that where are all these Prison places going to come from to deal with the problem? It is ridiculous that knife crime is treated less severely than gun crime and yet statistically you are more likely to die from a single stab wound than a gunshot wound.

You only have to look at the figures we published on the 02 Jan to see the scale of the problem facing the Criminal Justice System. While action groups have welcomed the latest move, logistically it is doomed to failure in our opinion.

It is a sad indictment of our society that people feel the need to carry knives and we believe the only way the problem is going to be tackled is by the police introducing beat officers in all areas. Beat officers are seldom seen on housing estates and any contact with the police is going to be seeing them drive or ride by. This style of policing is not getting to communities and the areas that need it. The ploice have a difficult job and it is up to the Government to  put its hand in its pocket and make cash available to recruit.

New sentencing guidelines have been brought in for prosecution under the new Corporate Manslaughter and Health & Safety Offences causing death on Tuesday 27th October 2009.

In short, where a serious form of harm or where a death at work occurs, which can be attributable to a failure of the organisations risk management protocols and procedures, a company is looking at a minimum fine of no less than £500,000.00, and possibly an even higher fine of 2.5 per cent to 10 per cent of its annual turnover over the previous three tear period.

The bottom line baseline fine, for a first time offender (an organisation not an individual) pleading not guilty, is very likely to be 5 per cent of the organisations average annual turnover during the three years prior to sentencing.

After taking into account any mitigating factors, the Court would then arrive at a fine that will fall within the range of 2.5 to 10 per cent of the companies average annual turnover over the previous three years.

In addition, a minimum level of fine has also been set which a fine would not fall below. It has been proposed that this minimum fine would be no less than £500,000.00.The Sentencing Council, who published these guidelines on Tuesday the 27th October, stated that: ‘whilst the effect on employment of the “innocent” may be a relevant factor, the effect on shareholders, directors and prices will NOT be considered relevant’.

In short, where a serious form of harm or where a death at work occurs, which can be attributable to a failure of the organisations risk management protocols and procedures, a company is looking at a minimum fine of no less than £500,000.00, and possibly an even higher fine of 2.5 per cent to 10 per cent of its annual turnover over the previous three tear period.

This is in addition to any other proceeding that may be taken against individual directors or members of senior management who may be held responsible for the breach that caused the harm or death. You can view the Sentencing Consultation Guidelines at: http://www.sentencing-guidelines.gov.uk/Report