- Not-for-profit organisation’s health and safety fine reduced (R v Places For People Homes)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: In an appeal against sentence brought by Places for People Homes (PFPH), following the organisation’s conviction for failing to discharge its duty to ensure the health, safety and welfare of employees pursuant to section 2(1) of the Health and Safety at Work Act 1974, Lord Justice Popplewell’s comments provide further clarification on the distinction between ‘large’ organisations and ‘very large’ organisations when using the Sentencing Council’s offence specific guidelines for sentencing health and safety offences in the Crown Court and magistrates’ court (guidelines). The appeal contains a helpful distinction between steps three and four of the guidelines. It also addresses the insufficient allowance made by the Crown Court on the impact of the fine on the vulnerable beneficiaries of the company’s activities (noting this was a not-for-profit organisation, akin to a charity), for which (on this last point alone) the appeal was allowed and the original fine was reduced by a third. Written by Philip Ryan, partner at Shoosmiths LLP.
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