FOI Request Health and Safety

Request 101001425015

Following the introduction of the Definitive Guideline for Health and Safety offences, Corporate Manslaughter, and Food Safety and Hygiene offences (the "Guideline"), introduced in February of last year, we would be most grateful if the Council could confirm the following information for the year 1 February 2016 to 31 January 2017:

In respect of each of the requests below, please note we require information only in respect of health and safety offences prosecuted by the Council.

1. What has been the highest fine imposed under the Guideline?  
2. What has been the highest fine imposed for a fatal health and safety incident under the Guideline?
3. What has been the highest fine imposed under the Guideline for a non-fatal health and safety incident?
4. How many fines over £1 million have been imposed?
5. What have been the top 10 highest fines imposed under the Guideline?
6. What is the total sum which has been imposed in fines?  
7. How does that compare to the total sum for the equivalent period in the preceding year, i.e. February 2015 to February 2016?
8. Please break down the total sum imposed by sector e.g. leisure, retail, etc
9. How many of the fines imposed under the Guideline have been subject to appeal?  
10. How many of those appeals have been successful?  
11. What proportion of the fines imposed have been imposed on organisations and what proportion have been on individuals?  
12. How many custodial sentences have there been for individuals under the Guideline?  Please confirm the numbers for both suspended and immediate custodial sentences.
13. What has been the longest custodial sentence imposed under the Guideline?  Please confirm the numbers for both suspended and immediate custodial sentences.
14. What has been the average custodial sentence imposed under the Guideline? Please confirm the numbers for both suspended and immediate custodial sentences.
15. How many disqualification orders have been imposed?
16. What proportion of fines imposed have been following a guilty plea and what proportion have been imposed following conviction after a trial?
17. What proportion of the custodial sentences (including suspended sentences) imposed have been following a guilty plea and what proportion have been following a conviction after trial?
18. Have there been any cases subject to the Guideline in which the Court has expressly stated that it has taken into account the financial position of any related group entities?

Response 10-02-2017

There have been no prosecutions taken for the offences detailed in the request as a result of reports submitted by Moray Council's Environmental Health Section to the Procurator Fiscal  in the period specified.