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Articles Health & Safety 11th Mar 2019

Guidance on the Relevance of a Parent Company’s Resources When Sentencing a Subsidiary for a Health and Safety Offence

In R v NPS London Ltd [2019] EWCA Crim 228 the Court of Appeal (Criminal Division) have confirmed the relevance of an offender’s parent company (or any linked organisation) to sentencing under the Definitive Guidelines for Health and Safety Offences.  It is the offending organisation’s turnover, not that of any linked organisation, which should be used at Step 2 to identify an organisation’s size.    However, such resources can be taken into account at Step 3 when examining the financial circumstances of the offender in the round and assessing “the economic realities of the organisation”.

Please see here for full details of the article by Toby Riley-Smith QC and Abigail Cohen.


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