With over one hundred thousand outlets where food is supplied, sold or consumed across England, Wales and Northern Ireland, the level of prosecutions for breaches of the controlling regulations has more than doubled in recent years.
Sukhdip Randhawa of Kangs Solicitors outlines the operation of the current Sentencing Guidelines (‘the Guidelines’).
The Guidelines | Kangs Environmental Health Defence Solicitors
- In the Crown Court, the Guidelines enable Courts to impose unlimited fines and imprisonment for up to two years.
- In the Magistrates’ Court, a structure has been provided containing various considerations as part of the sentencing procedure which include:
- the level of culpability.
- the risk of harm to the public. There is no need to show actual harm having occurred, although any actual harm will be treated as an aggravating feature.
- the turnover of the business for which there exists a chart providing as to how the offence is to be sentenced.
- other factors which the Courts will consider include sentence reduction for a guilty plea and assistance to the Prosecution, compensation, director disqualification and Hygiene Prohibition Orders.
How Can We Help You? | Kangs National Regulatory Defence Solicitors
Kangs Solicitors has a dedicated Regulatory Law Department containing specialist solicitors with in depth knowledge and experience in defending prosecutions brought under all aspects of Environmental Health and Food Hygiene Law.
If you require advice on any area of Environmental Health or Food Hygiene Law then please do not hesitate to contact a member of our team below.