Legislation

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The Health and Safety Policy Act raises the maximum penalties that can be imposed for breaching Health and Safety Regulations in the Lower Courts from £5,000 to £20,000 and the range of offences for which an individual can be imprisoned has also been broadened. The Health and Safety Act amends Section 33 of the Health and Safety at Work etc Act 1974, and raises the maximum penalties available to the courts in respect of certain health and safety offences

Summary of previous penalties and current penalties brought in under the Act.

Previous maxima:

• £5k or £20k for summary offence in Lower Courts, depending on offence; unlimited fine for indictable offence;


• imprisonment not available for most offences (but up to 6 months in Magistrates Court / 2 years in Crown Court for a few offences eg Failing to comply with a Prohibition Notice, or breaching a licensing requirement).

New maxima:

• £20k fines in lower courts for nearly all summary offences, unlimited fines in higher courts;


• Imprisonment for nearly all offences – up to 12 months * in Magistrates Courts and 2 years in the Crown Court.