Following all the fanfare surrounding the introduction of the new Corporate Manslaughter and Corporate Homicide Act in April 2007, which introduced a new offence for corporate organisations but no new offences against individuals and does not include imprisonment as a sentencing option … …
… … it is surprising that so little attention has been given to the Health and Safety (Offences) Act [HSOA] which comes into force on 16th January 2009 and gives rise to the possibility of individuals being sent to prison for breaches of health and safety law. The purpose of the [HSOA] is to raise the maximum penalties available to the courts for certain health and safety offences. The Notes to the [HSOA] states that the objective of the changes it introduces is to ensure that sentences for health and safety offences are:
“sufficient to deter those tempted to break the law, and sufficient to deal appropriately with those who do commit offences.”
The Health and Safety (Offences) Act makes the following key changes to the existing legislation:
1. Imprisonment will be a possible penalty for most health and safety offences in both the Magistrates‟ Court and the Crown Court and will also be a possible penalty for an offence committed by a body corporate.
2. The maximum fine available in the Magistrates‟ Court for breaches of Regulations will be increased from £5000 to £20,000.
3. Certain offences, which are currently triable only in the Magistrates‟ Court will be triable in either the Magistrates Court or the Crown Court.
