Health And Safety Prosecutions

[bednobs]

Situation is that the HSE is prosecuting, company have pled guilty. It is to remain in magistrates' court for sentencing. Does that mean anything in particular? The outcome is going to be a fine rather than people being put in prison. Does staying in magistrates' mean that the fine will be lower than if it went to crown?

[bhg481]

Are you in AWE of the outcome, bednobs?

[woofgang]

I don't think so. I think all courts operate under the same law and structure. I think that it may have stayed in magistrates because its not considered serious enough for Crown Court but I think that in both, the same offence would have the same outcome.

[mushroom25]

whether the sentencing court is magistrate or crown court level will affect the level of sentence. see here:-
http://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-penalties.htm

[New Judge]

"Either Way" offences are retained in the Magistrates' Court when that court believes its powers of sentencing (in general, six month's custody and/or an unlimited fine) are sufficient.

Just fo general information, in the event of a guilty plea the venue for sentencing is entirely at the discretion of the Magistrates. However, if the defendant enters a Not Guilty plea he is entitled to opt for a trial by judge and jury in the Crown Court even though the Magistrates may have agreed to retain jurisdiction. Note that this does not operate the other way round. If the Magistrates decide that a Crown Court trial is necessary the defendant has no right to insist on a trial in the Magistrates' Court.

[bednobs]

Duno what the outcome is going to be yet BHG!
Thanks everyone

[bhg481]

bednobs - A W E was not in capitals for nothing, if you read the Reading Chronicle.

[Buenchico]

While NJ is correct in saying that custodial sentences in magistrates' courts are normally limited to 6 months (for a single offence), there are certain exceptions. Schedule 3A of the Health and Safety at Work Act 1974 creates such an exception, meaning that (for relevant offences under the Act) the maximum penalty is 12 months imprisonment (together with a fine). The maximum penalty in a Crown court is 2 years imprisonment (plus a fine). For some offences under the Act though custodial sentences aren't possible at all. In practice custodial sentences for offences under the Act seem to be extremely rare.

The maximum fine in a magistrates' court is, in most HSW cases, £20,000. There's no limit to the size of the fine in a Crown court.

[Peter Pedant]

Um NJ did this full time once Chris

[New Judge]

"The maximum fine in a magistrates' court is, in most HSW cases, £20,000."

Maximum fines for individual offences are in "Levels" numbered 1 to 5. Band five (the highest, which covers most HSW offences) attracts an unlimited fine. For offences committed before 13th March 2015 the maximum fine that could be levied at level five in the Magistrates' court was £5,000 for most offences, but £20,000 for some specific offences (including HSW offences). For offences committed on or after that date Magistrates are able to levy an unlimited fine. An example of this was seen last April when Ant McPartlin was fined £86,000 for drink driving at Wimbledon Magistrates' Court. It seems the Schedule in the HSW Act has not been updated to reflect this change.