Josiah Hincks Solicitors successfully defended a reputable farm in respect of a Food Safety and Hygiene prosecution by negotiating the removal of one offence and securing a reduction of a fine on the other and minimising the costs liability.
It was argued on behalf of the prosecution that the Defendant showed a high level of culpability in committing the offence and there was a serious adverse impact on individuals (Category 1). The appropriate sentencing band of the Health and Safety and Food Sentencing Guidelines 2016 has a starting point of £25,000, with a range of £10,000 to £50,000. The Defence successfully argued that the Defendant had the appropriate systems in place to ensure the highest standards were being met in relation to hygiene and welfare and that the level of culpability should be reduced to medium and there being a low risk of adverse effect upon individuals (Category 3).
The Magistrates held that the Defendant should be entitled to a substantial reduction of fine as indicated in the Health & Safety and Food Guidelines 2016. Accordingly the fine was reduced to £17,918 on the basis of the mitigation factors and in applying the steps in the Health & Safety and Food Guidelines 2016.
A big well done to Amir Choudhary and our Litigation Team for all of their hard work on this matter.
