SCHEDULE 1
New Schedule 3A to the Health and Safety at Work etc. Act 1974
OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
1 The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.
Offence |
Mode of trial |
Penalty on summary conviction |
Penalty on conviction on indictment |
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6. |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7. |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(b) consisting of a contravention of section 8. |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(b) consisting of a contravention of section 9. |
Summarily or on indictment. |
A fine not exceeding £20,000. |
A fine. |
An offence under section 33(1)(c). |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(d). |
Summarily only. |
A fine not exceeding level 5 on the standard scale. |
|
An offence under section 33(1)(e), (f) or (g). |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(h). |
Summarily only. |
Imprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a fine not exceeding level 5 on the standard scale, or both. |
|
An offence under section 33(1)(i). |
Summarily or on indictment. |
A fine not exceeding the statutory maximum. |
A fine. |
An offence under section 33(1)(j). |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(k), (l) or (m). |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(n). |
Summarily only. |
A fine not exceeding level 5 on the standard scale. |
|
An offence under section 33(1)(o). |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under the existing statutory provisions for which no other penalty is specified. |
Summarily or on indictment. |
Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both. |
Imprisonment for a term not exceeding two years, or a fine, or both. |
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