Training & Knowledge: Criminal Regulatory

5th Oct 2022Newsletters


NS, the sole director of SA Limited, was charged with Gross Negligence Manslaughter. It was the prosecution’s case that SA had failed to take any measures to mitigate the risks associated with work at height, and that NS had failed to act when he had witnessed first-hand work being undertaken in circumstances that posed a […]

5th Oct 2022Newsletters

The conduct of the injured employee and strict liability are generally irrelevant to sentence: Regina v Nestle UK Ltd [2021] EWCA Crim 1681, [2022] 4 W.L.R. 3

Nestle, a very large organisation with a turnover of £1.6 billion, pleaded guilty to one count of failing to prevent access to dangerous parts of machinery, contrary to regulation 11 of the Provision and Use of Work Equipment Regulations 1998 (‘PUWER’) and was sentenced to a fine of £640,000. Permission to appeal against the size […]

5th Oct 2022Newsletters

Particularising the indictment in a criminal regulatory prosecution: the law and consequences

Introduction When faced with a criminal regulatory prosecution, as with any criminal prosecution, the indictment is the most important document in the case; but what should be contained within it and what are the possible ramifications of the introduction of particulars of the offence? This topic deserves further exploration but what follows is an introduction […]