Health and Safety
Executive / Commission
Enforcement guide
| 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
| 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 |
* 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.