Locked Up

A new Act coming into force in the New Year allows anyone who is convicted of a health and safety offence, including directors and other senior managers to be imprisoned where previously they were subject only to court-imposed fines.

What is it?

The Health and Safety (Offences) Act 2008 received Royal Assent on 16 October 2008. The Act amends s.33 of the Health and Safety at Work etc. Act 1974 (HASAWA) and will come into force in January 2009. Although it does not actually create any new offences or legal duties, the legislation will
increase penalties and provide courts with greater sentencing powers for those who flout health and
safety legislation. The maximum penalties that can be imposed for breaching safety regulations in the lower courts have been raised from £5,000 to £20,000 and the range of offences for which an individual can be imprisoned has also been broadened.

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