Penalty controversy

The HSE is currently discussing possible new ways of enforcing breaches in health and safety legislation. Due to the lack of sentencing options available to courts, prosecution remains the main method of dealing with offences, many of which result in a fine. However, a number of alternatives are available through the wider criminal justice system and various penalties are already in use in some European countries and Australia, including:

• administrative fines, which do not require the help of the courts;
• restorative justice, where offenders in some way make amends to the victim;
• conditional cautioning, where an offender can agree to comply with certain conditions instead of prosecution;
• legal requirements on offenders to carry out activities to improve health and safety;
• fixed penalties or on-the-spot fines;
• remedial orders;
• probation for companies or directors; and
• orders where offenders are required to publicise their failings.

The TUC have welcomed the proposals, particularly as they have long been calling for fixed fines and corporate prosecution. However, concerns have been expressed that such measures could be used as an alternative to prosecution, rather than to complement and supplement existing methods.