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:
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.
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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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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