Solicitors Paul Verrico and Philip Crosbie consider how attempts to inflate the penalties imposed in fatal cases have failed when compared to the sanctions imposed on defendants convicted of other corporate crimes, such as those in the competition and data protection spheres. The paper aims to discuss these issues.
Consideration of legislation, guidance and recent case law.
There is a significant divide between fines imposed for health and safety fatalities and those for competition/fraud offences. It is a sad fact that it is “cheaper” to cause the death of an employee than to engage in price‐fixing. It is difficult to see how this balance will be redressed without resorting to artificially inflating health and safety fines to a level on par with those offences previously mentioned.
The paper takes a close look at health and safety legislation.
