Sentencing in H&S and Environmental Cases - Key Issues and Updates

Introduction

This virtual classroom seminar will address the key legal and practical issues in sentencing for health and safety and environmental offences.

The sentencing guidelines in these areas leave open a number of important issues which have attracted judicial consideration in several cases over the last few years, especially in relation to the sentencing of corporates.

The live session will review recent case law, ensure you are up to date with what arguments are and are not now available upon sentencing, and enable you to be proactive in advising clients on what steps to take to prepare for sentencing.

What You Will Learn

This live broadcast will cover the following:

• When will the Health and Safety and Environmental Offences guidelines be applied? How are those guidelines approached in cases outside the scope of the offences formally identified within the guidelines?
• How do the courts quantify ‘harm’ in environmental cases?
• Whose ‘culpability’ counts for the purpose of sentencing organisations?
• How widely is the concept of ‘deliberate’ offending applied to corporates in practice?
• How do the courts identify ‘very large organisations’, and how do they determine the appropriate ‘uplift’ for such organisations?
• How will the courts address a company’s links with highly profitable parent/group companies?
• How will the courts address anticipated future downturns in profitability?
• What arguments are, and are not, available to non-profit organisations to reduce sentence?
• What practical steps should be taken by corporates to strengthen their mitigation?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.