Sellafield Ltd, R v

Sellafield Ltd, R v

The level of fine for very large companies convicted of health and safety or environmental offences must reflect the seriousness of the offence, the culpability of the offender, and the financial circumstances of the company, with the objective of achieving the statutory purposes of sentencing. The fines imposed in...

Source-derived case information.

Parties
Respondent: R; Appellant: Sellafield Limited; Appellant: Network Rail Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
17 January 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence (fine)
Outcome
Appeals dismissed; fines upheld.
Legal Topics
Sentencing of Corporations, Level of Fines for Large Companies, Health and Safety Offences, Environmental Protection Offences, Corporate Responsibility, Sentencing Guidelines, Financial Circumstances in Sentencing
Criminal Law Environmental Law Health and Safety Law Sentencing of Corporations Level of Fines for Large Companies Health and Safety Offences Environmental Protection Offences Corporate Responsibility +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

R

Respondent

Sellafield Limited

Appellant

Network Rail Infrastructure Limited

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (fine)

Legal Issues

  1. 1 What is the appropriate level of fine for very large companies convicted of health and safety or environmental offences?
  2. 2 How should the financial circumstances and corporate structure of a company affect sentencing?
  3. 3 What weight should be given to aggravating and mitigating factors, including prior convictions and remedial actions?

Ratio Decidendi

The level of fine for very large companies convicted of health and safety or environmental offences must reflect the seriousness of the offence, the culpability of the offender, and the financial circumstances of the company, with the objective of achieving the statutory purposes of sentencing. The fines imposed in these cases were not manifestly excessive given the size and nature of the companies, the seriousness of the offences, and the need to ensure compliance and deterrence at the highest levels of management.

Court Disposition

Appeals dismissed; fines upheld.

Orders

  • Sellafield Limited's appeal against £700,000 fine dismissed.
  • Network Rail Infrastructure Limited's appeal against £500,000 fine dismissed.