Example of a Typical Friskies Schedule

HSE Enforcement Guide - Sentencing and Costs - Model Examples

'This is not a word template, and the contents are illustrative examples only. You will need to create the document in the required style and containing the information specific to your case'.

Example of a typical Friskies schedule

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IN THE MAGISTRATES’ COURT:

REGINA

OUTLINE OF CASE AND INFORMATION TO ASSIST THE COURT IN SENTENCING

This document is prepared by the Health and Safety Executive (“HSE”) to assist the Court in passing sentence, pursuant to CrimPR 24.11 and 25.16, CPD VII Q.1-3 and the recommendations of the Court of Appeal in the case of R v Friskies Petcare UK Ltd ([2000] 2 Cr App R (s) 401). It gives the Crown’s outline of the facts of the case, information likely to assist the court in sentencing together with the aggravating and mitigating factors relevant to sentence.

In the event of a guilty plea, the Defence should indicate in writing whether or not the information and factors set out below are agreed and submit a written list of the mitigating factors that it considers relevant. Any agreed basis upon which a plea is to be put before the Court will then be included in a further document, which will be provided to the Court. The Defence is reminded that, it should provide the last three years accounts of other financial information to the Court. In the event that no financial information is provided the court is entitled to infer that the defendant can pay any fine.

Dated …………………………………… ……………………………………….

HM Inspector of Health and Safety Outline of the case

[Insert here a summary of the incident or other circumstances leading to prosecution. Where you have already prepared a summary as part of the initial details of the prosecution case, you can simply refer to that summary.]

Sentencing Guidelines

[Indicate here whether the Sentencing Council Definitive Guideline for Health and Safety Offences applies to this case]

Culpability

[Indicate the level of culpability which you consider applies in this case saying why by reference if appropriate to the Sentencing Guideline. Set out the evidence that supports this opinion]

[Indicate the risk of harm created by the offence, setting out the seriousness of the harm risked (A,B or C), the likelihood of the harm arising (high, medium or low) and the Harm category indicated by the Sentencing Guideline. Set out the evidence that supports this opinion]

[Indicate here if either the offence exposed a number of workers or members of the public to the risk of harm and/or whether the offence was a significant cause of actual harm. In the event that actual harm was caused set out what that harm was.]

Aggravating factors

[Where appropriate, insert here factors identified as aggravating features – factors which increase seriousness. Refer to the relevant Sentencing Guideline for a list of non-exhaustive factors.]

Mitigating factors

[Where you accept that one or more of the factors identified as factors reducing seriousness or reflecting mitigation set out in the relevant sentencing guideline apply to the case, set them out here. However, otherwise this should be left for the defence to complete]