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Health and safety breaches (individuals)

Regulatory and summary offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Regulatory and summary offences

Health and safety breaches (individuals)

Health and Safety at Work etc. Act 1974 (as charged)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • HSWA 1974, s.33 creates offences of failing to discharge duties in ss.2–7, contravening s.8 or s.9, or breaching health and safety regulations. Individuals are usually charged with the employee duty (s.7) or a specific regulation. Read the information.

Mens rea

  • Depends on the duty or regulation. Some HSWA duties are objective “so far as reasonably practicable”; do not invent a single intent for every s.33 charge.

Defences

Duty did not apply to the accused · Took reasonably practicable steps (where that is the duty) · No contravention of the charged regulation

Sentencing Council

Sentencing Council guideline effective 01 February 2016. Offence range: Conditional discharge – 2 years’ custody.

View definitive guideline ↗

At the police station

Identify s.7, s.3 or the named regulation. Corporate manslaughter may sit alongside — that is a different page.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Regulatory and summary offences

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.