Prison Home | New Year heralds prison sentences for health and safety offences

New Year heralds prison sentences for health and safety offences

28 October 2008

A new Act which comes into force on 16 January 2009 imposes serious new penalties for directors, employers and employees who are convicted of a health and safety offence.

The Bill received Royal Assent on 16 October 2008 and unlike the Corporate Manslaughter and Corporate Homicide Act, this has had a relatively easy journey through the parliamentary stages.

The Act entitled Health & Safety (Offences) Act 2008, does not create any new offences, but raises the maximum penalties available to the courts in respect of many health and safety offences, including significantly increased powers to imprison, by altering the penalty framework set out in the Health and Safety at Work etc Act 1974.

At present, the majority of breaches of the Health and Safety at Work etc Act 1974 are only punishable by way of financial penalty. The proposals under the new Act are that most offences, including a breach of section 2, 3, 7, 37 or any of the regualtions made under the Health and Safety at Work etc Act, will also carry a sentence of a term of imprisonment of 12 months for a conviction in the Magistrates Court and 2 years for conviction in the Crown Court.

The Act will increase the maximum penalty available in the Magistrates Court to £20,000 for most health and safety offences. The Sentencing Advisory Panel has already consulted upon sentences for the new Corporate Manslaughter and Corporate Homicide Act 2007 and the Sentencing Guidelines Council will be
asked to update its guidelines to ensure that the courts have up-to-date advice once this new Act comes into force.

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