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.
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.
- Statute:Health and Safety at Work etc. Act 1974 (as charged) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗