News
Health & Safety (Offences) Act 2008
19 November 2008
Designers and others who may have responsibility for health and safety would be well advised to take note of the Health & Safety (Offences) Act 2008 which comes into force on 16 January 2009 and applies to offences committed after that date. It applies throughout the United Kingdom.
The Act increases maximum sentences for the general offences under ss2 - 7 Health & Safety at Work Act 1974 (very broadly not to expose others to risks to their health and safety). For the first time, these offences will be imprisonable.
The new maximum sentences are:
Magistrates' court:
Imprisonment not exceeding [12 months]* or a fine not exceeding £20,000 or both.
Crown Court:
Imprisonment not exceeding 2 years or an unlimited fine or both.
*the 12 month maximum sentence in the magistrates court will not be brought into force until a future date and as at 16 January 2009 will be only 6 months
Corporate clients should bear in mind that prosecutions may be brought against directors and senior managers as well as against a company.
For further information please contact Sheena Sood or Antony Smith.