Magistrates can now issue unlimited fines for serious environmental and health & safety offences committed after 12 March 2015.
The previous position
Prior to 12 March 2015, fines payable in the magistrates court were either capped at £5,000 or at a higher amount where the legislation provides for it
• Health and safety fines under HSWA 1974 were capped at £20,000
• Environmental fines ranged from £5,000 for breach of the Packaging Waste Regulations to £50,000 for operating without a permit under the Environmental Permitting Regulations 2010
In view of the low fines compared to corporate turnover, larger companies often treated these offences as relatively minor compared to other areas of corporate crime –for example, anti-bribery and corruption or trade sanctions.
Referring offenders to the crown court was time consuming and costly.
The HSE and Environment Agency had to look at other ways to punish offenders
• civil penalties
• confiscation of property and income
• imposing charges on premises
• name and shame publicity
Unlimited fines from 12 March 2015
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 removed the cap on fines that can be imposed in the magistrates’ courts for serious level 5 offences.
The upper limit on all current fines and maximum fines of £5,000 and above will no longer apply and fines will be of a finite amount.
The fines for Levels 1 to 4 remain unchanged.
Exceptions
• Offences that were committed before 12 March 2015
• Fines imposed on a person aged under 18
• Civil fines imposed by regulators
The existing caps remain in Scotland (£10,000) and Northern Ireland (£5,000).
Custodial sentences
Under The Health and Safety (Offences) Act 2008 and many pieces of environmental legislation, imprisonment is also an option in the magistrates courts.
Sentencing in the magistrates’ court is governed by the Criminal Justice Act 2003 and the Powers of Criminal Courts (Sentencing) Act 2000. Magistrates are also required to have regard to the Magistrates Courts Sentencing Guidelines issued by the Sentencing Council.
Factors leading to a prison sentence include
• Where the breach (or breaches) concerned were deliberate, repeated, large scale, highly organized, financially motivated and highly profitable, or combined
• Systemic failure to implement an effective safety system.
• Failure to respond to advice, cautions or warnings from regulatory authorities or to concerns raised by employees
• Death or serious injury or ill-health results from (or is risked by) the offender’s conduct
• There was a risk of harm to a larger number of people, especially if any (or all) of them are particularly vulnerable