Scottish Power Generation Ltd v HM Advocate

Sentencing – Health and safety. High Court of Justiciary: Allowing an appeal by a very large corporation, which pled guilty to a breach of health and safety regulations following an accident at a power station in which one of its employees was severely injured, against a fine of £1.75m imposed by the sheriff (reduced for the early plea from £2.5m), after considering the level of fine which was appropriate for breaches of health and safety regulations by a very large corporation and the extent to which the Scottish Courts should have regard to guidelines produced by the Sentencing Council of England and Wales, the court concluded that a starting point of £1.5m was reasonable, as was a discount for the early plea of 20%, to produce a fine of £1.2m, and it quashed the figure of £1.75m and substituted one of £1.2m accordingly.

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