Offences and penalties 2004/05 - Table 11 - Average penalty for breaches of HSWA sections 7, 36, and 37
Year |
Act |
Section |
Charges brought |
Convictions |
Withdrawn/ Not taken |
Dismissed/ Not guilty |
Not proven (Scotland) |
Adjournment |
Adjournment Sine Die |
Not known |
Total fines (£) |
Average fine per conviction (£) |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
2003/04 |
HSWA |
7 |
23 |
18 |
2 |
3 |
0 |
0 |
0 |
0 |
16000 |
889 |
HSWA |
36 |
3 |
3 |
0 |
0 |
0 |
0 |
0 |
0 |
2900 |
967 |
|
HSWA |
37 |
13 |
12 |
1 |
0 |
0 |
0 |
0 |
0 |
38000 |
3167 |
|
2004/05p |
HSWA |
7 |
15 |
12 |
2 |
1 |
0 |
0 |
0 |
0 |
8,150 |
679 |
HSWA |
36 |
2 |
1 |
1 |
0 |
0 |
0 |
0 |
0 |
1,400 |
1,400 |
|
HSWA |
37 |
13 |
10 |
2 |
1 |
0 |
0 |
0 |
0 |
22,200 |
2,220 |
|
|
Number of individuals prosecuted and convicted for breaches of HSWA Sections 7, 36 & 37 |
||||||||||||
Act |
Section |
Number of individuals prosecuted |
Number of individuals convicted |
Withdrawn/ Not taken |
Dismissed/ Not guilty |
Not proven (Scotland) |
Adjournment |
Adjournment Sine Die |
Not known |
Total fines (£) |
Average fine per individual (£) |
|
2003/04 |
HSWA |
7 |
23 |
18 |
2 |
3 |
0 |
0 |
0 |
0 |
16000 |
889 |
HSWA |
36 |
3 |
3 |
0 |
0 |
0 |
0 |
0 |
0 |
2900 |
967 |
|
HSWA |
37 |
10 |
9 |
1 |
0 |
0 |
0 |
0 |
0 |
38000 |
4222 |
|
2004/05p |
HSWA |
7 |
14 |
12 |
1 |
1 |
0 |
0 |
0 |
0 |
8,150 |
679 |
HSWA |
36 |
2 |
1 |
1 |
0 |
0 |
0 |
0 |
0 |
1,400 |
1,400 |
|
HSWA |
37 |
9 |
6 |
2 |
1 |
0 |
0 |
0 |
0 |
22,200 |
3700 |
p=provisional
These tables exclude certain industries, namely chemicals, mining, railways and offshore work.
HSWA – The Health and Safety at Work etc. Act 1974
Section 7 HSWA – this places a general duty on employees at work to look after themselves and others, and to follow safety rules.
Section 36 HSWA – allows prosecution of individuals whose acts or ommissions have lead to offences being committed by others.
Section 37 HSWA – allows prosecution of directors, managers, company secretaries and other company officers whose consent, connivance or neglect has lead to health and safety offences being committed by a company.
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