Appealing sentences passed in health and safety cases
Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers
Appealing sentences passed in health and safety cases

The following Corporate Crime practice note Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers provides comprehensive and up to date legal information covering:

  • Appealing sentences passed in health and safety cases
  • Appeal from the magistrates’ court to the Crown Court
  • Practical points with regard to appeals against sentences passed by the magistrates’ court
  • Appeal from the Crown Court to the Court of Appeal (Criminal Division)
  • Practical points with regard to appeals to the Court of Appeal (Criminal Division)
  • Prevalence of appeals against sentence in health and safety cases and key principles that arise
  • Sentencing very large organisations
  • Facts as proven not reflected in sentencing
  • Relevance of agreements between the parties on levels of culpability and harm
  • Impact of a fatality on sentence
  • More...

There are procedural requirements that practitioners must be aware of when appealing sentences imposed in health and safety cases to the Crown Court or to the Court of Appeal (Criminal Division).

The Court of Appeal has considered a number of sentences imposed in health and safety cases and has given guidance to practitioners on a number of issues particularly the proper sentencing approach when dealing with very large companies, when dealing with public organisations, when dealing with companies with small operating profits and in respect of costs incurred by the prosecution.

Appeal from the magistrates’ court to the Crown Court

Section 108 of the Magistrates Courts Act 1980 (MCA 1980) gives a defendant a right to appeal against sentence or against conviction and the sentence that has been passed by the magistrates’ court.The procedure for appealing is set out in the Part 34 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR).

See Practice Notes: Appealing a conviction in the Crown Court, Appeal against sentence in the Crown Court and Starting an appeal in the Court of Appeal Criminal Division (CACD).

If, as appears likely, more health and safety cases are dealt with by District Judges as a consequence of removal of the limits on fines in the magistrates’ court because of the effect of section 85 of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012),

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