Health and Safety (Offences) Act 2008
| Act of Parliament | |
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| Long title | An Act to revise the mode of trial and maximum penalties applicable to certain offences relating to health and safety. |
|---|---|
| Citation | 2008 c. 20 |
| Introduced by | Keith Hill (Commons) Lord Grocott[1] (Lords) |
| Territorial extent | [b] |
| Dates | |
| Royal assent | 16 October 2008 |
| Commencement | 16 January 2009[c] |
| Other legislation | |
| Amends |
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| Amended by |
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Status: Amended | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Health and Safety (Offences) Act 2008 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Health and Safety (Offences) Act 2008 (c. 20) is an act of the Parliament of the United Kingdom. Its purpose was to change the "mode of trial" (i.e. whether summarily or on indictment) and maximum penalty available for certain offences against health and safety legislation. It was passed on 16 October 2008.
Background
In England and Wales, health and safety offences fall under the Health and Safety at Work etc. Act 1974 and the Health and Safety (Offences) Act 2008.[2]
According to the explanatory notes to the act,[3] its precursors were:
- A joint review of the maximum penalties for health and safety offences carried out between February and September 1999 by the Home Office, the Department of the Environment, Transport and the Regions, and the Health and Safety Executive;
- The 2005 report Reducing administrative burdens: effective inspection and enforcement by Philip Hampton;[4]
- The 2006 report Regulating Justice: Making Sanctions Effective by Richard B Macrory.[5]
Provisions
The act addresses fines relating to breaches in duties in the Health and Safety at Work etc. Act 1974.[6]
The act increased the ceiling on fines in magistrates courts from £5,000 to £20,000.[7] The act allowed for the a maximum penalty of up to two years for breaching the 1974 act.[8]
The act came into force on 16 January 2009.[9]
Subsequent legislation
New legislation came into force on 12 March 2015 (section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) granting magistrates powers to issue unlimited fines for health and safety offences, and so the maximum penalties no longer apply.[2]
According to solicitor Victoria Glover, the reasons for the removal of the cap included a perception that fines could act as a greater deterrent to offenders, and until the change in the law, magistrates had been limited in the sentencing they could impose, the change would allow fines to be more proportionate to the impact of the offence, and while previously magistrates would commit a matter to the Crown Court where it was felt that their sentencing powers were inadequate, they would now be able to adequately sentence the offender. This would, in theory, free up the Crown Court to deal with serious offenders and reduce delay and costs previously incurred as a result of the committal, and also meant that the court which had heard all of the evidence and facts of the case could make a just decision in relation to sentencing.[10]
Notes
References
- Halsbury's Statutes
- Current Law Statutes Annotated 2008
- ↑ "Health and Safety (Offences) Act 2008". bills.parliament.uk.
- 1 2 Wilkins Safety Group, Magistrates’ courts new powers to issue unlimited fines for health and safety offences, accessed 12 June 2021
- ↑ "Heath and Safety (Offences) Act 2008 - Explanatory Notes".
- ↑ Phillip Hampton. Reducing administrative burdens: effective inspection and enforcement. HM Treasury. March 2005. ISBN 1-84532-088-3
- ↑ Richard B Macrory. Regulating Justice: Making Sanctions Effective. Final Report. November 2006.
- ↑ Barrett, Brenda (1 March 2009). "The Health and Safety (Offences) Act 2008: The Cost of Behaving Dangerously at the Workplace". Industrial Law Journal. 38 (1): 73–79. doi:10.1093/indlaw/dwp003. ISSN 0305-9332.
- ↑ Berry, Mike (17 April 2008). "Double whammy for employers if health and safety Bill becomes law". Personnel Today. Archived from the original on 17 August 2019. Retrieved 17 July 2026.
- ↑ "The Health and Safety (Offences) Act 2008". Personnel Today. 12 December 2008. Archived from the original on 19 September 2021. Retrieved 17 July 2026.
- ↑ Williams, Poppy (March 2009). "New powers to imprison for health and safety offences". Nursing and Residential Care. 11 (3): 153–154. doi:10.12968/nrec.2009.11.3.39667. ISSN 1465-9301.
- ↑ Glover, V., Magistrates' courts' new powers to issue unlimited fines for health and safety offences, Bevan Brittan, published 21 April 2015, accessed 12 June 2021
External links
- Text of the Health and Safety (Offences) Act 2008 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the Health and Safety (Offences) Act 2008 as originally enacted or made within the United Kingdom, from legislation.gov.uk.
- Explanatory notes to the Health and Safety (Offences) Act 2008.