Health and safety crime in the United Kingdom
Encyclopedia
In the United Kingdom
there are several crime
s that arise from failure to take care of health, safety and welfare
at work.
summarily
in the Magistrates' Court
. However, some offences are triable on indictment
in the Crown Court
by judge
and jury
. If the magistrates feel that the offence is so serious as to exceed their sentencing
powers, they can send it to the Crown Court for trial of for sentencing. The accused has a right to opt for Crown Court trial. Some other offences are triable summarirly only. Either an individual or a corporation can be punished A corporation cannot be imprisoned, though an individual manager could be convicted if guilty of an offence.
The statutory offences and maximum penalties are:
Further, for offences triable on indictment
, up to two years' imprisonment
may be imposed on a guilty individual where there is (s.33(4)):
These penalties are maximums and guideline sentencing practice is published by the Sentencing Guidelines Council
. However, when the Health and Safety (Offences) Act 2008
, comes into force on 16 January 2009, fewer offences will be summary only and more will carry maximum sentences of imprisonment or £20,000 fines.
Courts in England and Wales are able to order convicted persons to pay the costs of their prosecution
. In general, courts will only award a nominal sum, not the full economic cost. However, in the specific case of health and safety prosecution, the court will award the totality of prosecution costs against the offender.
The Regulatory Enforcement and Sanctions Act 2008
will give a Minister of the Crown
the power to introduce, by Statutory Instrument
, a system of fixed penalty notice
s for the section 33 offences.
and the Offices, Shops and Railway Premises Act 1963
. Breach of these residual provisions is still punishable on summary conviction in the Magistrates' Court
by a fine of up to £400 or, on indictment
in the Crown Court
, imprisonment
for up to two years and an unlimited fine.
a certificate or to give false information to an inspector. Offenders can, on summary conviction, be fined up to level 5 on the standard scale.
against the personal injury
of their employees. This insurance is referred to as Employer's Liability Compulsory Insurance (ECLI). As well as being insured, employers must post details of the insurance for staff to see. This requirement applies to most companies; exemptions include public organisations and certain micro companies. Offenders can be sentenced, on summary conviction in the Magistrates' Court, to a fine of up to level 4 on the standard scale.
regulations are "directly applicable" to people and establishments in member states. They came into operation on 1 June 2008 and the government of the United Kingdom
was required to have established penalties for any breach by 1 December 2008. The REACH Enforcement Regulations 2008 came into force on 1 December 2008, imposing penalties on summary conviction of fines up to the statutory maximum and up to three months' imprisonment, and on indictment of unlimited fines and up to two years' imprisonment.
causes
death
and is so serious a breach that it ought to be considered criminal, an individual can be convicted on indictment of gross negligence
manslaughter
and sentenced to up to life imprisonment
. From 6 April 2008, the offence of gross negligence manslaughter no longer applies to corporations.
came into effect in the UK. A corporation
can be convicted on indictment and subjected to an unlimited fine in addition to having to put right its shortcomings and advertise its failures.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
there are several crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s that arise from failure to take care of health, safety and welfare
Occupational safety and health
Occupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational safety and health programs is to foster a safe work environment...
at work.
Offences under the Health and Safety at Work etc. Act 1974
All offences under the Act are triableTrial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
summarily
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
in the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
. However, some offences are triable on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
by judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and jury
Jury (England and Wales)
In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries.-History:The English jury has its roots in two institutions that date from before the Norman conquest in 1066...
. If the magistrates feel that the offence is so serious as to exceed their sentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
powers, they can send it to the Crown Court for trial of for sentencing. The accused has a right to opt for Crown Court trial. Some other offences are triable summarirly only. Either an individual or a corporation can be punished A corporation cannot be imprisoned, though an individual manager could be convicted if guilty of an offence.
The statutory offences and maximum penalties are:
| Section | Offence | Maximum sentence on summary conviction | Maximum sentence on indictment |
|---|---|---|---|
| S.33(1)(a) | Failing to discharge a duty under: S.2 – Ensuring the health safety and welfare of employees S.3 – Avoiding risks to the health and safety of non-employees S.4 – Ensuring the safety of premises used for work S.5 – Preventing emission of noxious of offensive substances into the atmosphere S.6 – Ensuring the safety of articles used at work |
£20,000 fine | Unlimited fine |
| Failing to discharge a duty under s.7 – Duty of employees to take care of safety | £400 fine | Unlimited fine | |
| S.33(1)(b) | Contravention of: S.8 – Intentionally or recklessly interfering with or misusing anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. S.9 – Charging employees for provision of health and safety facilities. |
£400 fine | Unlimited fine |
| S.33(1)(c) | Contravention of any regulation Health and safety regulations in the United Kingdom In the United Kingdom there are many regulations relevant to health, safety and welfare at work. Many of these give effect to European Union directives.-Regulations made under the Health and Safety at Work etc. Act 1974:... |
£400 fine | Unlimited fine |
| S.33(1)(d) | Failure of the Health and Safety Executive to hold an inquiry, or obstruction thereof, when directed by the Commission | Fine at Level 5 on the standard scale Standard scale The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of... |
|
| S.33(1)(e) | Contravention of a requirement imposed by an inspector under s.20 | Fine at Level 5 on the standard scale | |
| Contravention of a requirement imposed by an inspector under s.25 (situations of imminent danger) | £400 fine | Unlimited fine | |
| S.33(1)(f) | Preventing a person from appearing before an inspector | Fine at Level 5 on the standard scale Standard scale The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of... |
|
| S.33(1)(g) | Contravening a requirement or prohibition imposed by an improvement or prohibition notice | Six months' imprisonment Imprisonment Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co.... and £20,000 fine |
Two years' imprisonment and unlimited fine |
| S.33(1)(h) | Intentionally Intention in English law In English criminal law, intention is one of the types of mens rea that, when accompanied by an actus reus , constitutes a crime.-The standard definitions:... obstructing an inspector |
Fine at Level 5 on the standard scale Standard scale The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of... |
|
| S.33(1)(i) | Contravention of a requirement in a s.27(1) notice | £400 fine | Unlimited fine |
| S.33(1)(j) | Unauthorised disclosure of information by an inspector | £400 fine | Unlimited fine |
| S.33(1)(k) | Knowingly or recklessly Mens rea Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty... making a false statement to an inspector |
£400 fine | Unlimited fine |
| S.33(1)(l) | Intentionally making a false entry in a document required to be kept, with intent to deceive | £400 fine | Unlimited fine |
| S.33(1)(m) | Forging Forgery Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or... , using or possessing a document required by statute, with intent to deceive |
£400 fine | Unlimited fine |
| S.33(1)(n) | Pretending to be an inspector | Fine at Level 5 on the standard scale Standard scale The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of... |
|
| S.33(1)(o) | Failing to comply with a s.42 court order Court order A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case... |
Six months' imprisonment Imprisonment Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co.... and £20,000 fine |
Two years' imprisonment and unlimited fine |
Further, for offences triable on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, up to two years' imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
may be imposed on a guilty individual where there is (s.33(4)):
- Failure to operate with a license required by a regulation;
- Breach of a condition of such a license;
- An explosives offence contrary to statutory requirements.
These penalties are maximums and guideline sentencing practice is published by the Sentencing Guidelines Council
Sentencing Guidelines Council
The Sentencing Guidelines Council was a non-departmental public body of the United Kingdom, created by s.167 of the Criminal Justice Act 2003. It gave authoritative guidance on sentencing to the courts of England and Wales...
. However, when the Health and Safety (Offences) Act 2008
Health and Safety (Offences) Act 2008
The Health and Safety Act 2008 is an Act of the Parliament of the United Kingdom.According to the explanatory notes to the Act, the precursors of this Act were:...
, comes into force on 16 January 2009, fewer offences will be summary only and more will carry maximum sentences of imprisonment or £20,000 fines.
Courts in England and Wales are able to order convicted persons to pay the costs of their prosecution
Criminal costs
Criminal costs are financial penalties awarded against convicted criminals, in addition to the sentence they receive, in recognition of the costs of the court in bringing the prosecution.-England and Wales:...
. In general, courts will only award a nominal sum, not the full economic cost. However, in the specific case of health and safety prosecution, the court will award the totality of prosecution costs against the offender.
The Regulatory Enforcement and Sanctions Act 2008
Regulatory Enforcement and Sanctions Act 2008
The Regulatory Enforcement and Sanctions Act 2008 is an Act of the Parliament of the United Kingdom which is designed to provide for more consistent enforcement of regulations across local authority boundaries, better co-ordination between local authorities and central government, and more...
will give a Minister of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...
the power to introduce, by Statutory Instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
, a system of fixed penalty notice
Fixed Penalty Notice
Fixed penalty notices were introduced in Britain in the 1950s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.In recent years, this has...
s for the section 33 offences.
Pre-1974 legislation
As of 2008, there are residual provisions of pre-1974 health and safety acts that still impose criminal responsibility, for example the Factories Act 1961Factories Act 1961
The Factories Act 1961 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act consolidated much legislation on workplace health, safety and welfare in Great Britain. Though some of it remains in force, it has largely been superseded by the Health and Safety at Work...
and the Offices, Shops and Railway Premises Act 1963
Offices, Shops and Railway Premises Act 1963
The Offices, Shops and Railway Premises Act 1963 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act was intended to extend the protection of workplace health, safety and welfare under the Factories Act 1961 to other employees in Great Britain. Though some of it...
. Breach of these residual provisions is still punishable on summary conviction in the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
by a fine of up to £400 or, on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
for up to two years and an unlimited fine.
Fire Precautions Act 1971
Many workplaces require fire certificates and use of premises without a certificate is a crime punishable, on summary conviction in the Magistrates' Court with a £400 fine, and on indictment in the Crown Court with an unlimited fine and up to two years' imprisonment. It is also an offence to forgeForgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
a certificate or to give false information to an inspector. Offenders can, on summary conviction, be fined up to level 5 on the standard scale.
Employers' Liability (Compulsory Insurance) Act 1969
This Act requires that employers carry insuranceInsurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
against the personal injury
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
of their employees. This insurance is referred to as Employer's Liability Compulsory Insurance (ECLI). As well as being insured, employers must post details of the insurance for staff to see. This requirement applies to most companies; exemptions include public organisations and certain micro companies. Offenders can be sentenced, on summary conviction in the Magistrates' Court, to a fine of up to level 4 on the standard scale.
Offences under REACH
These European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
regulations are "directly applicable" to people and establishments in member states. They came into operation on 1 June 2008 and the government of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
was required to have established penalties for any breach by 1 December 2008. The REACH Enforcement Regulations 2008 came into force on 1 December 2008, imposing penalties on summary conviction of fines up to the statutory maximum and up to three months' imprisonment, and on indictment of unlimited fines and up to two years' imprisonment.
Manslaughter
Where an individual's breach of duty of careDuty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
causes
Causation in English law
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law....
death
Death
Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
and is so serious a breach that it ought to be considered criminal, an individual can be convicted on indictment of gross negligence
Gross negligence
Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person"...
manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and sentenced to up to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. From 6 April 2008, the offence of gross negligence manslaughter no longer applies to corporations.
Corporate manslaughter and corporate homicide
On 6 April 2008, a new regime of corporate manslaughterCorporate manslaughter
Corporate manslaughter is a criminal offence in English law, being an act of homicide committed by a company or organisation. In general, in English criminal law, a juristic person is in the same position as a natural person, and may be convicted for committing many offences...
came into effect in the UK. A corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
can be convicted on indictment and subjected to an unlimited fine in addition to having to put right its shortcomings and advertise its failures.