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Posted By Malcolm Hogarth
Can you remind me of the maximum penalties for breaches of Health and Safety legislation (Crown Court and Magistrates Court)
Many thanks
Malcolm
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Posted By Phillipe
Crown Court would allow for an unlimited financial penalty upon conviction.
Magistrates court would be 20k per offence
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Posted By Tony Brunskill
It is a common misconception that the level of court determines the fine. This is not the case. While the higher courts can impose higher fines or penalties it is the Act that determines what these are. As a general rule for serious offences in Magistrates Court Upto £20K and (for certain limited offences) upto 6 months imprisonment lesser offences a maximum of £5k. On indictment unlimited fines and (for certain limited offences) upto 2 years imprisonment. The Act defines the offences that are indictable. You should note that the conjunction is and and not or. In other words you could get both.
Tony
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Posted By DJ
For clarification,
The maximum fine available to Magistrates is generally £5,000 for breaches of Regulations and up to £20,000 for certain breaches of the HSWA. Therefore technically the Magistrates can impose a fine of £30,000 for a breach of HSWA and then give a discount of 33.3% (for early plea of guilt, mitigation, etc.).
The fine available to the higher courts is technically unlimited for breaches of HSWA and Regulations, but this has been limited by precident, in particular the Friskies and Howe cases.
Regards.
DJ
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