HR

One small step for Magistrates, but a giant leap for criminal fines

A relatively un-noticed, but potentially quite expensive, legislative change came into effect on 12th March 2015 seems to have slipped many an employers’ notice. It is however something businesses regardless of size need to be aware of, should they find themselves falling foul of the law after that date.

Until now, there has been a limit to the level of fines imposed upon conviction by a Magistrates’ Court following a breach of legislation. The maximum fines available were dependant on the seriousness of the offence, but in general the penalty for offences committed under the Health and Safety at Work etc Act 1974 or related regulations ranged from £5,000 for a minor offence up to a maximum of £20,000 for a more serious violation. If the Magistrate felt the punishment should be above these levels then the case would have to be referred to the Crown Court.

The legislation change, which is included within Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, has effectively removed all the limits on fines made by a Magistrate and an uncapped fine can therefore now be imposed.

The changes apply across all sectors and affect a very wide range of legislation aside from Health and Safety offences. These include financial services, competition, sale of alcohol to minors, a breach of some of the Care Quality Commission’s Fundamental Standards and environmental legislation.

It is expected that the changes will encourage greater use of fines in the Magistrates’ Courts enabling them to impose more proportionate fines on wealthy and corporate offenders. Employers that may have taken a relaxed approach towards Health and Safety or other forms of compliance due to a relatively small financial penalty, may now have to sit up and take notice.

There has been a significant increase in fines for Health and Safety breaches in recent years, and these legislation changes mean we are likely to see the trend continue. Consultation on the new sentencing guidelines for Health and Safety has been completed and, with the guidance expected later this year, the power to impose larger fines will become even more relevant.

Of course, the best way of avoiding fines is by avoiding Health and Safety breaches and complying with legislation. Contact Park City today!

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Saul HunnaballSaul Hunnaball
15:44 12 Aug 22
We have worked with Park City for our HR and Health and Safety support for many years now and have always received an excellent service.Carley is our Consultant and she is always so helpful, as are... her colleagues when she is unavailable.I would highly recommend Park City.read more
Lea CuttingLea Cutting
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Park City have worked with us for many years, advising and guiding us regarding HR and Health & Safety, along with supplying valuable training.We work with many people in several areas of expertise,... Sara Godfrey, Jennie Galione, Ashley Williams, Sam Parcell, Stephanie Devans, Poppy Hayhoe.They build confidence within our company and are always available with support and advice.They provide a consistent, professional, hands-on service, second to none!Thank you from DH Industries Limited.read more
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The team at Park City offer us the right level of service needed to confidently run a small business. They keep us up to date with UK policy HR requirements, help us manage any staff changes or... issues and policy documents. The team are informed, friendly and remain professional in my experience.read more
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The DS Group have been working with Park City now for a number of years and we have found their HR services to be invaluable. The service received is always to the highest professional standards and... they have assisted our business in becoming more efficient and effective in all HR matters.My consultant Sam Parcell is always on hand to help answering any questions quickly and professionally and she offers vital guidance, advice and support to us.We as a company will continue to use Park City’s services for many years to come and we cannot recommend them enough!Tracy Norton-Mead, Operations Director at the DS Group.read more
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We have worked with Park City for almost 10 years and have built up a great professional relationship over the years. The team are so friendly and helpful, and nothing is ever too much of an ask for... any of them. Our main HR contact is Carley, who is lovely, and she is very prompt in dealing with any queries we have regarding our 100+ staff. We would highly recommend their services for any local business.read more
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