1.8 Criminal Law Penalties

Question 0

If an employee (inc managers, directors etc ) commits an offence under HASAWA, regulations or contravenes a notice what are the penalties?

Answer 0

Magistrates - HASAWA and contravening a notice £20k fine + 12 months. Regulations is the same but fine is per offence.

Crown courts - unlimited fine + 2 years - for any offence

Question 1

If an employer commits an offence under HASAWA or Other Safety Regulations what are the penalties?

Answer 1

Magistrates court - £20k fine for both

Crown Court and up - Unlimited Fine for both

Question 2

What is a summary offence?

Answer 2

Less serious offence heard at magistrates court i.e impersonating an inspector, the HSE could take the case directly to the magistrates court with out the need for a solicitor/barrister.

Question 3

What is an indictable offence?

Answer 3

Initially heard at magistrates court then forwarded to crown court or above for trial. Inspector will need a barrister I.e corporate manslaughter