Lower courts
For a failure to comply with an improvement or prohibition notice or court remedy order. A fine of up to £20,000 and up to two years in jail.
For breaches of Sections 2-6 of the Health and Safety at Work Act 1974. A fine of up to £20,000. Note: Contrary to popular belief, there are NO provisions to jail people for offences committed under sections 2 to 6 of the Act.
For other breaches of the Health and Safety at Work Act not specified above or of relevant statutory provisions under the Act. A fine of up to £5000. Sections 7 and 8, (duties of employed persons), would fall into this category.
Higher courts
For failure to comply with an improvement or prohibition notice or a court remedy order. Two years imprisonment or an unlimited fine or both.
For contravening licence requirements or provisions relating to explosives, an unlimited fine and/or a jail sentence - (see below)
For breaches of the Health and Safety at Work Act 1974 or of relevant statutory provisions under the Act. Unlimited fines.
In the following cases there may also be two years maximum imprisonment:
- Certain offences involving required licences (Asbestos, Ionising radiation etc)
- Certain offences involving explosives
- Contravention of an improvement or prohibition notice
From April 2008 the new offence of Corporate Manslaughter comes into force. For details on this click here>> In addition it is worth noting the draconian powers afforded to Factory Inspectors and Environmental Health Officers as follows:
- To enter premises at any reasonable time
- To take a Constable with him/her if necessary
- To take with him/her another authorised person
- To examine, investigate and require premises to be left undisturbed
- To take samples subject to leaving a compatible sample
- To dismantle or test any dangerous article or substance
- To require information, facilities and assistance
- To require the production of any relevant books and documents
- To issue improvement or prohibition notices
- To initiate prosecutions
- To seize, destroy or render harmless any article or substance which is a source of imminent danger
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