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ryangavin777  
#1 Posted : 09 May 2017 09:56:21(UTC)
Rank: Forum user
ryangavin777

Hi,

Would it be possible to have some clarification on maximum imprisionment that a magistrates court can issue in an offense under section 33 of the HASAWA74 please? Is it 6 months or 12 months?

I think I'm getting a little confused with the following text in the RMS Unit A book.

The amendment to Schedule 3A of HASAWA 1974 and the maximum prison sentences allowed on summary trial is

influenced by the Criminal Justice Act (CJA) 2003 and commencement orders under it. For example, provision was made

in the CJA 2003 for a maximum penalty for imprisonment on summary trial of 12 months; however, at the time of going to

print the commencement order for Section 154 (1) of the Criminal Justice Act (CJA) 2003 had not been made, which

means the maximum term of imprisonment for summary offences is six months.

jay  
#2 Posted : 10 May 2017 11:06:00(UTC)
Rank: Super forum user
jay

It is Six Months as the trial is a "summary" one, unless "indicted"  to a Crown Court, that has two years maximum --refer to the Sentancing Council Guidelines.

Individuals: Breach of duty of employer towards employees and non-employees/ Breach of duty of self-employed to others/ Breach of duty of employees at work/ Breach of Health and Safety regulations/ Secondary liability

Health and Safety at Work Act 1974 (section 33(1)(a) for breaches of sections 2, 3 and 7, Health and Safety at Work Act 1974 (section 33(1)(c)), Health and Safety at Work Act 1974 (sections 36 and 37(1) for breaches of sections 2 and 3 and section 33(1)(c)
thanks 1 user thanked jay for this useful post.
ryangavin777 on 14/05/2017(UTC)
ryangavin777  
#3 Posted : 14 May 2017 13:22:48(UTC)
Rank: Forum user
ryangavin777

Great stuff - thanks.

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