CQC and HSE Developments - Sentencing the 1/3 rule survives

CQC and HSE Developments - Sentencing the 1/3 rule survives

Not surprisingly it seems the CQC are following the HSE lead in relation to prosecution of offences but what are the likely penalties following the recent change in sentencing guidelines for public sector defendants?

In accordance with Lord Justice Haddon-Cave’s ruling in R(HSE) -v- Mid-Staffordshire NHS Foundation Trust 2014 the 1/3 rule will apply whereby an early admission of guilt will attract a discount of up to 33% (see The Sentencing Council guidelines).

It will be interesting to see the outcome of the penalty to be imposed upon Southern Health NHS Trust who have pleaded guilty under S.3 (1) Health and Safety at Work Act 1974 following the death of an 18 year old in their care on 4 July 2013 when the patient who had epilepsy drowned in the bath.

The Trust has concluded that the death was preventable had proper risk assessments been carried out.

The same Trust was fined £125,000 and ordered to pay £36,000 prosecution costs when a patient fell from a roof suffering life changing injuries at a hearing on 12 October 2017.

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