Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.



Go to last post Go to first unread
#1 Posted : 09 May 2017 08:56:21(UTC)
Rank: Forum user


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.

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

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)
#3 Posted : 14 May 2017 12:22:48(UTC)
Rank: Forum user

Great stuff - thanks.

Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.