Sentencing Following Deaths
Table 1 sets out sentencing details relating to convictions following deaths of workers. It shows that in the three years between 1996/7 and 1998/9, the average fine following a death has more than doubled to almost £67,000. The Table shows that this is the result of two factors. First, there has been an increase in the number of cases that have resulted in sentencing in the Crown court – an increase from 40% to 60%; and secondly, the average fine imposed by the Crown Court for each death has nearly doubled from £55,000 to £100,000.

Table 1
Sentences following deaths of workers (1996/7 – 1998/9)

Table 2 concerns convictions following deaths of members of the public. It is notable that the levels of fines imposed by the courts are much lower than those following worker deaths. Moreover, unlike the position with worker deaths, the level of the average fine does not show any consistent increase over the years. It is also notable that, in contrast to worker deaths, the number of cases that were sentenced in the Crown Court has decreased during the three-year period.

Table 2
Sentences following deaths of members of the public , (1996/7 –1998/9)

Table 3 concerns convictions following deaths of workers in 1998/9 and breaks down the sentencing data by industry. It shows that there are significant differences in the average fines imposed by the courts – from £108,00 per death in the manufacturing sector to £16,000 in the Service Sector.

Table 3
Sentences following deaths of workers by Industry, 1006/7 – 1998/9

Table 4 concerns convictions following deaths of workers in 1998/9 and breaks down the sentencing data by HSE Area. Because of the small numbers involved, one should be wary of making too much of the average fines since one large fine can have a distorting effect. The huge disparity between the average level of fines – from £343,500 in the North West to £7,083 in Scotland West – is, however notable.

Table 4
Sentences following deaths of workers by HSE Area (1906/7 – 1998/9)

Sentencing following Major Injuries
Table 5 and 6 sets out the levels of fines which followed major injuries to workers and members of the public. In relation to injuries to workers, it is notable how low the average fines are when compared to those imposed following deaths of workers - in 1998/9, six times less – and how the average level of fines have not increased over the three year period. The relatively low level of fines is linked to the high percentage – 80% of the prosecutions in all three years – that resulted in sentencing in the magistrates Court.

Table 5
Sentences following major injuries to workers (1996/7 – 1998/9)

Table 6
Sentences following major injuries to Members of the Public (1996/7 – 1998/9)

Table 7 concerns convictions following major injuries to workers in 1998/9 and breaks down the sentencing data by industry. It is notable that the level of fines in Agriculture is particularly low.

Table 7
Sentences following major injuries to workers by Industry, 1996/7 – 1998/9

Table 8 concerns convictions following major injuries to workers in 1998/9 and breaks down the sentencing data by HSE Area. As with the situation set out in table 4 concerning deaths of workers, there is a wide, though not as great, divergence between the average level of fines – from £20,823 in the Northern Home Counties to £2,655 in Scotland West.

Sentencing following Dangerous Occurrences
Tables 9 to 11 concern sentences following dangerous occurrences. It is interesting to note that the average fine following a dangerous occurrence has more than doubled over the three years and is almost double the levels imposed following a major injury. It is also notable that more dangerous occurrence prosecutions take place in the Crown Court compared to those following major injuries.

Table 9
Sentencing following Dangerous Occurrences, 1996/7 – 1998/9

Table 10
Sentencing following Dangerous Occurrences by Industry (1998/9)

Table 11 breaks down the sentencing data for 1998/98 by HSE Area and shows the great disparity in fines between different parts of the country – from an average of £71,000 in the North West to barely a £1000 in a number of HSE Areas,

Table 11
Sentences following dangerous occurrences by HSE area (1998/9)Sentences following Industrial Diseases

Tables 12 concern sentences following industrial diseases. It is intriguing that the level of fines has decreased by over a fifth over the three year period – however because of the small number of cases involved it is difficult to know whether there is any significance in this decrease.

Table 12
Sentences following Industrial Diseases (1996/7 - 1998/9)