Understanding how fines for breaches of health and safety legislation is structured - Part 2

Considerations when determining the level of fine to be imposed.

If you are new to this blog, please read part 1 first.

Part 2 looks at the factors to be considered when there is a potential for an unlimited fine to be imposed and gives a brief overview of harm cause, risk, culpability and financial means.

Harm Caused:

The severity of harm caused by a breach of health and safety regulation is the main factor in determining the fine. The Sentencing Council categorises harm as low, medium, or high. Low harm involves minor injuries or near misses, while high harm can lead to severe injuries, long-term health problems, or even death. Fines are higher for cases of greater harm.

Risk

The risk of the breach is also important factor for consideration. The Sentencing Council differentiates between cases where the risk was foreseeable and those where it wasn’t. Deliberate breaches or cases where the offender ignored known risks may will often lead to higher fines.

Culpability

Culpability is the degree of blame or fault attributed to an offender. The Sentencing Council categorises culpability into four levels: low, medium, high, and very high. Factors like awareness of risks, disregard for regulations, and efforts to mitigate harm affect culpability determination. Offenders with high culpability will face more substantial fines.

Financial Means

The Sentencing Council also considers an offender’s financial resources. Fines are meant to punish but shouldn’t be so severe that they cause insolvency or business closure. So, the offender’s financial situation is considered when setting the fine.

Summary

•      Harm Level: Higher fines are imposed for breaches resulting in severe injuries, long-term health issues, or death compared to minor injuries or near misses.

•      Risk Awareness: Deliberate breaches or cases where the offender ignored known risks may result in higher fines.

•      Culpability Level: Offenders with high culpability, determined by factors like awareness of risks and disregard for regulations, face more substantial fines.

In part three of this blog series, we are going to look how fines for breaches of health and safety legislation are structured.

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