To plead or not to plead guilty?

A prosecution has been launched. The next decision—whether to plead guilty—can shape the timetable, costs and outcome of the case. In the latest article in our ‘Responding to a Safety Incident – and Beyond’ series, we explain what businesses should consider before entering a plea.

Once the investigation is complete—which may include an interview under caution, as explored in our previous article—the regulator will decide whether to prosecute a health and safety offence. For Corporate Manslaughter, that decision rests with the CPS. In either case, there must be enough evidence for a realistic prospect of conviction (the “evidential test”), and prosecution must be in the public interest (the “public interest test”).

The right plea depends on the allegations, the available evidence and the defendant’s position on the facts. Health and safety offences are dealt with in the criminal courts. If charged, the defendant will be summoned to appear before the Magistrates’ Court and enter a guilty or not guilty plea.

Before deciding how to plead, the defendant should understand both the allegations and the prosecution’s case. A not guilty plea will move the case towards trial. However, even where a guilty plea is intended, the defendant does not have to accept the prosecution’s account in full. It may accept that an offence was committed but dispute how it occurred or how serious it was. A written basis of plea can set out the facts on which guilt is accepted. If material facts remain disputed—particularly facts relevant to sentence—the Court may determine them at a separate Newton hearing before sentencing.

More than one organisation may be prosecuted in connection with the same offence. Co-defendants may adopt different approaches to the prosecution and do not have to enter the same plea.

Health and safety prosecutions are rarely resolved quickly: they may take many months and sometimes years. The timetable will depend on whether the case remains in the Magistrates’ Court or is sent to the Crown Court, the complexity and circumstances of the offence, the volume of evidence and, following a not guilty plea, the time required for trial and jury deliberations. Different pleas among co-defendants can also delay progress where a trial takes place before sentencing.

In the next article in our series, we will focus on sentencing and what happens after a guilty plea or conviction.

At Burges Salmon, we frequently provide training and advice to corporate clients on their key legal duties and their practical implications. For more information or to discuss anything in this article, please contact Charlotte Whitaker, Ben Davies or Marie-Elizabeth Bailey in Burges Salmon’s Corporate Crime & Investigations team or sign up to our mailing list our Health and Safety mailing list by clicking the link below.