R v Faltec- Court of Appeal Guidance

In R v Faltec [2019] EWCA (Crim) 520 the Court of Appeal (Criminal Division) gave important further guidance on the application of the Health and Safety Offences, Corporate Manslaughter, Food Safety and Hygiene Offences Definitive Guideline (“the Guideline”) and also on the conduct of appeals:
(i) the decision in R v Squibb Group Ltd [2019] EWCA Crim 227 applies to the assessment of likelihood of harm, so that scientific evidence will be relevant with the final characterisation of likelihood of harm being left to the sentencing Judge, to the criminal standard, with a wide margin of appreciation;
(ii) the resources of a linked organisation will only be taken into account in exceptional circumstances, where a failure to do so would be misleading; and,
(iii) in any appeal, skeleton arguments of 60 pages are deprecated.  Attention is drawn to the limits prescribed by the Criminal Practice Direction, namely; no more than 15 pages long, in font size 12 with 1.5 spacing.

Read more in this alerter by Tim Green.