| In January, the sentencing powers of the criminal courts will increase dramatically in relation to breaches of health and safety (H & S) legislation with the introduction of the Health and Safety (Offences) Act 2008. This will have a major impact on local businesses and could cost them dearly if they fail to comply according to Andrew Brammer, health and safety specialist at business defence solicitors Cartwright King.
Previously, the Magistrates’ Court was generally limited to being able to impose fines of up to £5,000. With the introduction of this new act, the Court will now have the power to send people to prison and impose fines of up to £20,000.
The new legislation will also increase the number of offences that can be tried in the Crown Court, with the risk of longer prison sentences and unlimited fines.
“The introduction of this legislation is an indication that the government is taking the punishment for poor health and safety more seriously than at any time since the introduction of the Health and Safety at Work Act 1974,” said Andrew. “The message is clear: fail to fulfil your legal duties, and you could go to prison.”
“Business owners, directors and senior managers must understand their obligations to promote best health and safety practice and the risks if they fail to do so,” warns Andrew. “Support must come from adopting fit for purpose health and safety policies underpinned by regular auditing, supervision and training. Those businesses and individuals that embrace a sound health and safety culture have nothing to fear. For those that do not, the consequences could be catastrophic.”
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