Criminal Regulatory Spring Newsletter
Welcome to the Spring Edition of the 2 Hare Court Criminal Regulatory Newsletter.
In this edition, Ben Rich considers the impact of death on fines for Health and Safety offences following the Court of Appeal decision in Whirlpool UK Appliances Ltd v R (Upon the prosecution of Her Majesty’s Inspectors of Health and Safety)  EWCA Crim 2186.
Tom Day then analyses the sentencing process adopted by Carr J in the case of HSE v Martin Baker Aircraft Ltd.
Peter Gray QC and Chris Gillespie examine the Supreme Court’s decision in HM Inspector of Health and Safety v Chevron North Sea Ltd  UKSC 7 and consider the implications for companies faced with Improvement or Prohibition Notices
Finally, Alex Tampakopoulos highlights the ambitious scope and aims of the recently announced major review by the FSA and FSS into meat processing and storage.
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We do hope that you find the edition of interest.
Impact of a death on fines for Health and Safety Offences [Whirlpool UK Appliances Ltd v R (Upon the prosecution of Her Majesty’s Inspectors of Health and Safety  EWCA Crim 2186]
The Court of Appeal has ruled in a judgment delivered by the new Lord Chief Justice that where death results from a breach of ss2 and 3 of HSWA 1974 the sentencing court should move from what would otherwise be the starting point in the appropriate harm category to the top of the range of the next harm category. In many cases this will result in a potential increase in the fine of hundreds of thousands or even millions of pounds…
On 23 February 2018, following a two day sentencing hearing, Mrs Justice Carr imposed on Martin Baker Aircraft Limited (MBAL) a fine of £1.1 million for one offence contrary to section 3 of the Health and Safety at Work Act 1974. The proceedings arose out of the tragic death of Flight Lieutenant Sean Cunningham, a Red Arrows pilot, in 2011 when he was inadvertently ejected from his jet while stationary and the parachute failed to deploy.
In summary the facts were…
An Employment Tribunal hearing an appeal under s24 of HSWA 1974 against an Improvement or Prohibition Notice is entitled to take into account material that was not available to the Inspector at the time the Notice was issued. In so deciding, the Supreme Court has effectively overruled the decision of the Court of Appeal in Hague v Rotary Yorkshire  EWCA Civ 696 in which it had been held that the ET was confined to considering material which was, or which reasonably could have been, known to the Inspector at the time he issued the Notice…
The announcement follows a number of high profile scandals relating to alleged non-compliance with food hygiene regulations by major UK meat suppliers. It also follows on from media reports relating to the scale of non-compliance within the industry. In February it was reported that between 2014-2017 almost two thirds of audited meat cutting factories (540 out of 890) had at least one instance of major non-compliance with hygiene or food safety regulations and there were on average 16 major plant safety infractions every week in England, Wales and Northern Ireland. An investigation into meat processing factories had been on the cards but the scale of the problem that has emerged since September of last year as well as serious criticism of the FSA for failing to take ‘definite action’ by a parliamentary committee of MPs has prompted the regulator to bring forward the launch…