Regina v Jarvis Facilities Ltd: CACD 26 May 2005

The defendant company had been fined when a train was derauled as a result of the company’s failure properly to maintain rail track. It appealed the fine of andpound;400,000.
Held: Fines should properly be increased where the failure arose in the course of provision of a public service. However here had been no significant injury or damage. Even allowing for the need for deterrence the fine was reduced to andpound;275,000.

Judges:

Waller, LJ, hedley, Royce JJ

Citations:

Times 08-Jun-2005, [2005] EWCA Crim 1409

Links:

Bailii

Statutes:

Health and Safety at Work Act 1974 3(1) 33

Jurisdiction:

England and Wales

Criminal Sentencing, Health and Safety

Updated: 30 June 2022; Ref: scu.226038