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Most breaches of health and safety law are criminal offences. Prosecutions are brought by HSE, local authorities or, after a death, the Crown Prosecution Service. This guide explains the penalties and how courts in England and Wales work out a sentence. Our guide to HSE enforcement covers notices and other action short of prosecution.
The Health and Safety (Offences) Act 2008
- Applies to offences committed from 16 January 2009
- Made imprisonment available for most health and safety offences, up to 2 years in the Crown Court
- Raised the maximum fines in the magistrates’ court
- Made more offences triable in either the magistrates’ court or the Crown Court
Since March 2015, fines in the magistrates’ courts in England and Wales have been unlimited for these offences, as they already were in the Crown Court.
The 2016 sentencing guideline
Since 1 February 2016, courts in England and Wales have followed the Sentencing Council guideline for health and safety offences, corporate manslaughter and food safety offences. For organisations, the court works through these steps:
- Culpability: very high, high, medium or low, based on how far the organisation fell short.
- Harm: the seriousness of harm risked and the likelihood of it, and whether harm actually happened. The risk of harm counts, even if no one was hurt.
- Turnover: fines are scaled to the size of the organisation, from micro to large.
- Adjustment: the fine is checked so it is proportionate and brings home the need to comply, with aggravating and mitigating factors considered.
- Reductions: for an early guilty plea and for assistance to the prosecution.
For large organisations, the top of the range for the most serious cases is 10 million pounds, and very large organisations can be fined more. Corporate manslaughter fines go higher still. See our guide to the Corporate Manslaughter Act.
Individuals
Directors, managers and employees can be prosecuted personally, for example under section 7 or section 37 of the Health and Safety at Work Act. Sentences range from fines to community orders and up to 2 years’ imprisonment, and directors can be disqualified.
Fee for Intervention
Separately from prosecution, HSE recovers its costs under the Fee for Intervention scheme when an inspector finds a material breach of the law. The fee is charged by the hour for the inspector’s time.
The ACoP and official guidance
| Publication | Status | What it covers |
|---|---|---|
| Sentencing Council guideline: Health and safety offences, corporate manslaughter and food safety and hygiene offences (effective 1 February 2016) | Sentencing guideline, not an ACoP | How courts in England and Wales assess culpability and harm and set fines and sentences. |
An Approved Code of Practice (ACoP) has special legal status under section 16 of the Health and Safety at Work Act. If you are prosecuted and did not follow it, you must show that you met the law in some other way that was just as good. Guidance on Regulations has no special legal status, but inspectors refer to it and following it is normally enough to comply. Our guide to UK health and safety legislation lists every law and its ACoP or guidance in one place.
Training that helps
The NEBOSH Health and Safety Leadership Excellence certificate and IOSH Leading Safely help directors understand their legal exposure, and CITB’s Directors’ Role for Health and Safety covers it for construction. The Level 7 Diploma in Strategic Health and Safety Leadership and Management covers governance at the highest level.
Frequently asked questions
Is there a maximum fine for health and safety offences?
No. Fines are unlimited in both the magistrates’ courts and the Crown Court in England and Wales.
Can you go to prison for breaking health and safety law?
Yes. Individuals can be imprisoned for up to 2 years for most offences.
How are health and safety fines calculated?
Using the 2016 sentencing guideline: the court assesses culpability and harm, then scales the fine to the organisation’s turnover.
Does someone have to be hurt for a prosecution?
No. Exposing people to a risk of harm is enough, and the guideline takes the risk of harm into account.
Read the source
The Health and Safety (Offences) Act 2008 and its explanatory notes; the Sentencing Council definitive guideline on health and safety offences, corporate manslaughter and food safety and hygiene offences (effective 1 February 2016); and HSE guidance on Fee for Intervention. Facts checked on 7 October 2026.
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