Expected amendments to sentencing of very large organisations (VLOs) in health, safety and environment prosecutions

Sentencing Council published the response to a public consultation and its proposed amendments. There were several submissions made in relation to the ambiguity of sentencing of VLOs in health, safety and environment cases. At present the sentencing guidelines state that “where an offending organisation’s turnover or equivalent very greatly exceeds the threshold for large organisations, it may be necessary to move outside the suggested range to achieve a proportionate sentence”

A VLO is a company with an annual turnover greatly exceeding £50 million. The minimum turnover to be classified as a VLO is not clear.

Th feedback received has altered the wording to “Where an offending company’s turnover or equivalent very greatly exceeds the threshold for large companies, courts should consider fines outside the range for large companies to achieve a proportionate sentence”.

They have not clarified the definition of a VLO bit have stressed that punishment should be based on the seriousness of the offence.