Model examples
- Example of a Scheduling Information Document [Word doc 17KB]
- Example of a draft covering letter to Defence [Word doc 24KB]
- Illustrative example of Bill of Costs [Word 212KB]
- Summary of maximum penalties for offences committed before 16 January 2009
- Summary of maximum penalties for offences committed between 16 January 2009 and 12 March 2015
- Summary of maximum penalties for offences committed after 12th March 2015
Summary of maximum penalties under s.33 HSWA 1974 for offences committed before 16th January 2009
Section and Contravention | Magistrates' court | Crown Court |
---|---|---|
S.33(1)(a) - S2 - S6 | £20,000 | UNLIMITED FINE |
S.33(1)(a) - S7 | £5,000 | UNLIMITED FINE |
(b) - S8 & 9 | £5,000 | UNLIMITED FINE |
(c) - any H & S regulations | £5,000 | UNLIMITED FINE |
(d) - relating to S14 enquiries | £5,000 (Level 5) | * |
(e) - any requirement imposed by Inspector under S20 & S25 | £5,000 (Level 5 in respect of requirements s.20 only) | UNLIMITED FINE (NB only offences breaches of s.25 triable on Indictment) |
(f) - attempting to / preventing a person speaking to Inspector | £5,000 | * |
(g) - contravention of a PN or IN | £20,000 and/or 6 months imprisonment | 2 years imprisonment and/or unlimited fine. |
(h) - obstruction | £5,000 (Level 5) | * |
(i) - relating to S27 | £5,000 | UNLIMITED FINE |
(j) - disclosure in contravention to S28 and S27(4) | £5,000 | 2 years imprisonment and/or unlimited fine |
(k) - false statement | £5,000 | UNLIMITED FINE |
(l) - false entry in register | £5,000 | UNLIMITED FINE |
(m) - use a document with intent to deceive | £5,000 | UNLIMITED FINE |
(n) - impersonating an inspector | £5,000 (Level 5) | * |
(o) - relating to S42 orders | £20,000 or 6 months imprisonment | 2 years imprisonment and/or unlimited fine |
s.33(4)(a) - not having licence where required | £5,000 | 2 years imprisonment and/or unlimited fine |
(b) - breach of licence conditions | £5,000 | 2 years imprisonment and/or unlimited fine |
(c) - relating to explosives | £5,000 | 2 years imprisonment and/or unlimited fine |
* Magistrates' Courts only
Summary of maximum penalties for offences under s.33 HSWA committed between 16th January 20091 and 12th March 2015
Section and Contravention | Magistrates' court | Crown Court |
---|---|---|
S.33(1)(a) - S2 - S6 | £20,000 and/or 6 months imprisonment* | Unlimited fine and/or 2 years imprisonment |
S.33(1)(a) - S7 | £5,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(b) - S8 | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(b) - S9 | £20,000 | Unlimited fine |
(c) - any H & S regulations | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(d) - relating to S14 enquiries | £5,000 (Level 5) | Summary only |
(e) - any requirement imposed by Inspector under S20 & S25 | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(f) - attempting to / preventing a person speaking to Inspector | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(g) - contravention of a PN or IN | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(h) - obstruction | £5,000 (Level 5) and/or 6 months imprisonment ** | Summary only |
(i) - relating to S27 | £5,000 | Unlimited fine |
(j) - disclosure in contravention to S28 and S27(4) | £5,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(k) - false statement | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(l) - false entry in register | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(m) - use a document with intent to deceive | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(n) - impersonating an inspector | £5,000 (Level 5) | Summary only |
(o) - relating to S42 orders | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
Any other offence under existing statutory provisions | £20,000 and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
1. As amended by the Health and Safety (Offences) Act 2008. Back
Summary of maximum penalties for offences under s.33 HSWA committed on or after 12th March 2015
Section and Contravention | Magistrates' court | Crown Court |
---|---|---|
S.33(1)(a) - S2 – S6 | Unlimited fine and/or 6 months imprisonment* | Unlimited fine and/or 2 years imprisonment |
S.33(1)(a) – S7 | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(b) – S8 | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(b) – S9 | Unlimited fine | Unlimited fine |
(c) – any H & S regulations | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(d) – relating to S14 enquiries | Unlimited fine | Summary only |
(e) – any requirement imposed by Inspector under S20 & S25 | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(f) – attempting to / preventing a person speaking to Inspector | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(g) – contravention of a PN or IN | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(h) - obstruction | Unlimited fine) and/or 6 months imprisonment ** | Summary only |
(i) – relating to S27 | Unlimited fine | Unlimited fine |
(j) – disclosure in contravention to S28 and S27(4) | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(k) – false statement | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(l) – false entry in register | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(m) – use a document with intent to deceive | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
(n) – impersonating an inspector | Unlimited fine | Summary only |
(o) – relating to S42 orders | Unlimited fine and/or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
Any other offence under existing statutory provisions | Unlimited fine and/ or 6 months imprisonment * | Unlimited fine and/or 2 years imprisonment |
* The maximum term of imprisonment that may be imposed by a magistrates' court is currently 6 months. When s154(1) of the Criminal Justice Act 2003 is brought into force the maximum term will be increased to 12 months.
** The maximum term of imprisonment that may be imposed by a magistrates' court is currently 6 months. When s281(5) of the Criminal Justice Act 2003 is brought into force the maximum term will be increased to 51 weeks in England and Wales or 12 months in Scotland.