Offences under the Health and Safety at Work etc. Act 1974 Health and safety crime in the United Kingdom

all offences under act triable summarily in magistrates court. however, offences triable on indictment in crown court judge , jury. if magistrates feel offence serious exceed sentencing powers, can send crown court trial of sentencing. accused has right opt crown court trial. other offences triable summarirly only. either individual or corporation can punished corporation cannot imprisoned, though individual manager convicted if guilty of offence.

the statutory offences , maximum penalties are:

further, offences triable on indictment, 2 years imprisonment may imposed on guilty individual there (s.33(4)):

failure operate license required regulation;
breach of condition of such license;
an explosives offence contrary statutory requirements.

these penalties maxima , guideline sentencing practice published sentencing guidelines council. maximum fines available many regulation offences used relatively low @ magistrates court, health , safety (offences) act 2008, , section 85 of legal aid, sentencing , punishment of offenders act 2012 (which came force on 16 january 2009 , 12 march 2015 respectively) had effect of increasing level of fines available magistrates’ courts unlimited fine (previously £20,000 health , safety offences). however, increase apply in respect of offences committed after 12 march 2015.

courts in england , wales able order convicted persons pay costs of prosecution. in general, courts award nominal sum, not full economic cost. however, in specific case of health , safety prosecution, court award totality of prosecution costs against offender.

the regulatory enforcement , sanctions act 2008 give minister of crown power introduce, statutory instrument, system of fixed penalty notices section 33 offences.