Health and safety enforcement penalties

This page lists the maximum penalties that are available on conviction for health and safety offences in the Magistrates' Courts and the Crown Court.

Health and safety offences: mode of trial and maximum penalty

The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.

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.