Health and safety enforcement penalties

Below are the maximum penalties available on conviction for health and safety offences in the Magistrates' Courts and the Crown Court.

These powers only extend to offences which occurred on or after the 12 March 2015. If the offence pre-dates 12 March 2015 then the previous Magistrates' Court fine level applies – namely £20k per offence for companies or the statutory maximum for individuals.

Guidance on the Health and Safety (Offences) Act 2008 pdf icon PDF, 219 Kb.

Offence

Mode of trial

Penalty on summary conviction

Penalty on conviction on indictment

An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.

An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.

An offence under section 33(1)(b) consisting of a contravention of section 8

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.

An offence under section 33(1)(b) consisting of a contravention of section 9

Summarily
or on
indictment

A fine not exceeding £20,000.

A fine.

An offence under section 33(1)(c)

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.

An offence under section 33(1)(d)

Summarily
only

A fine not exceeding level 5 on the standard scale.

 

An offence under section 33(1)(e), (f) or (g)

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.

An offence under section 33(1)(h)

Summarily
only

Imprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a fine not exceeding level 5 on the standard scale, or both.

 

An offence under section 33(1)(i)

Summarily
or on
indictment

A fine not exceeding the statutory maximum.

A fine.

An offence under section 33(1)(j)

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.

An offence under section 33(1)(k), (l) or (m)

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.

An offence under section 33(1)(n)

Summarily
only

A fine not exceeding level 5 on the standard scale.

 

An offence under section 33(1)(o)

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.

An offence under the existing statutory provisions for which no other penalty is specified

Summarily
or on
indictment

Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.

Imprisonment for a term not exceeding two years, or a fine, or both.