|
|
<p>The Health and Safety Executive (HSE) have advised prosecution is one of a range of enforcement options available to environmental and health and safety regulators, including withdrawing approvals, serving enforcement and fixed penalty notices, varying licenses conditions and providing written advice.</p><p> </p><p>The law currently allows for an unlimited fine and imprisonment for those convicted of offences under health and safety regulations, fly-tipping and breaches of environmental permitting. No specific assessment has been made regarding whether a revision to these penalties is necessary, although the Regulators Code requires that all regulators keep their activities under review.</p><p> </p><p>Sentencing is a matter for the independent courts who must follow the relevant guidelines issued by the independent Sentencing Council for England and Wales. The guidelines implement the requirements of Section 125 of the Sentencing Act, which requires that any fine imposed should reflect the seriousness of the offence and take into account the financial circumstances of the dutyholder. The level of fine should reflect the extent to which the offender fell below the required standard, and should meet the objectives of punishment, deterrence and the removal of gain derived through the commission of the offence, in a fair and proportionate way. The fine must be sufficiently substantial to have an economic impact that brings home, to both management and shareholders, the need to comply with health and safety legislation.</p> |