Hi, You may like to include the info below - and back it up with case law examples.
The Health and Safety (Offences) Act, which came into force on 16 January 2009, provides for the imprisonment of individuals convicted of a breach of sections 7, 8, or 37 of the Health and Safety at Work, etc. Act 1974 ("HSWA"), or regulations made under the HSWA.
Magistrates can now impose 12 month prison sentences on any director, manager, secretary, or other similar officer of a corporate body, or person(s) who purported to act in that capacity. A Crown Court can impose sentences of up to 2 years.
In addition to introducing prison sentences, the Act also increases the maximum level of fines available to magistrates for breach of health and regulations from the current £5,000 per offence to £20,000 per offence. Unlimited fines remain available to judges sentencing in the Crown Court.
So, managers who have responsibility for Organisational Policy, Procedures, Instructions and Guidance to staff and/or commissioning Staff Training who, through consent, connivance or neglect, have contributed significantly to serious harm occurring (i.e. as a consequence of failing to implement 'appropriate arrangements'), could potentially be sent to prison!
Also, following convictions, prosecutors can obtain orders under the provisions of the Company Directors Disqualification Act 1986 (CDDA), to disqualify individuals from being directors for up to 15 years (i.e. on conviction in the Crown Courts).
NOTE: While the CDDA does not apply to NHS Trust directors, section 34 (and Schedule 4: 67/68) of the Health and Social Care Community Health and Standards) Act 2003 amended section 22 of the CDDA to make that Act applicable to the directors of NHS Foundation Trusts. A Disqualification Order can therefore prohibit a convicted Foundation Trust director from acting in connection with the promotion, formation or management of a Trust or company for up to 15 years.
Good luck!