Austin Welch represented Pharmacorp Limited, a Cheshire based pharmaceutical company, in a prosecution brought by the Care Quality Commission (“CQC”).
The company had pleaded guilty to having carried on a regulated activity without CQC registration contrary to section 10(1) of the Health and Social Acre Act (2008) Regulated Activities Regulations 2014. No Definitive Guideline produced by the Sentencing Council or guideline case issued by the Court of Appeal exist for offences under the Regulations and the CQC had invited the Court to sentence the company on the basis of the Health and Safety Sentencing Guideline. However, the Court accepted the defence submissions that, owing to the nature of the offence in question, in the absence of any specific Guideline or case law, the most appropriate Guideline to apply was the Sentencing Council Definitive Guideline for Food Safety offences and imposed a fine of £3,500.
Austin was instructed in this case by Laura Hannah and Francesca Snape of Stephensons Solicitors LLP