SENTENCING FOR CORPORATE KILLING Chris Clarkson Professor of Law.

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Presentation transcript:

SENTENCING FOR CORPORATE KILLING Chris Clarkson Professor of Law

PURPOSES OF SENTENCING Criminal Justice Act 2003, s.142(1): (a) punishment of offenders (b) reduction of crime (including deterrence) (c) rehabilitation (d) protection of public (e) reparation

FINES seriousness determined by culpability and harm caused (Criminal Justice Act 2003, s.164(3)) financial circumstances of offender (Criminal Justice Act 2003, s.143(2)) sentencing guidelines: R v F.Howe & Son (Engineers) [1999] 2 Cr App R (S) 37

AGGRAVATING FACTORS (Howe) degree of culpability death or serious injury caused degree of risk/extent of danger extent of breach previously failed to heed warnings profiting from failure/risk run to save money

MITIGATING FACTORS (Howe) prompt admission of responsibility and guilty plea steps taken to remedy deficiency good safety record

LEVEL OF FINES Health and Safety at Work Act 1974, ss.2-6: Magistrates’ Court: maximum of £20,000 Crown Court: maximum unlimited 1991: average fine = £ : average fine = £28, : average fine = £67,000 Manslaughter Maximum unlimited average fine = £25,800 (only five companies ever been convicted)

RELATIONSHIP TO TURNOVER Criminal Justice Act 2003, s.164(3): financial circumstances of offender Howe: “impossible” Great Western Trains (Southall): £1.5m (5.6% of annual profit) Contrast EC anti-trust fines (up to 10%) Sotherby’s£12.9m Genzyme Ltd£36.8m Microsoft€497m

PUNISHMENT OF DIRECTORS FOR MANSLAUGHTER (since 1990) Kite2years Jackson12 months Clothier240 hours community service Horner5 months (suspended) Bowles15 and 12 months (suspended) Jackson12 months (suspended) Morris9 months Pell12 months Directors Disqualification Act 1986

OTHER SENTENCING OPTIONS Law Commission, cl.5(1): remedying failure equity fines community service orders corporate probation temporary naturalisation/appointment of public directors quarantine corporate dissolution