SCHEDULES
C1C3C2F1SCHEDULE 3AOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
Sch. 3A applied (with modifications) (E.W.S.) (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
Sch. 3A applied (with modifications) by S.I. 2014/1638, Sch. 12 paras. 5-7 (as substituted (E.W.S.) (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 1 (with regs. 2(1), 15))
Sch. 3A applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
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The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.
Offence | Mode of trial | Penalty on summary conviction | Penalty on conviction on indictment |
|---|---|---|---|
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6. | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7. | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(b) consisting of a contravention of section 8. | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(b) consisting of a contravention of section 9. | Summarily or on indictment. | A fine. | |
An offence under section 33(1)(c). | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(d). | Summarily only. | ||
An offence under section 33(1)(e), (f) or (g). | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(h). | Summarily only. | Imprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a | |
An offence under section 33(1)(i). | Summarily or on indictment. | A fine. | |
An offence under section 33(1)(j). | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(k), (l) or (m). | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under section 33(1)(n). | Summarily only. | ||
An offence under section 33(1)(o). | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
An offence under the existing statutory provisions for which no other penalty is specified. | Summarily or on indictment. | Imprisonment for a term not exceeding | Imprisonment for a term not exceeding two years, or a fine, or both. |
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1
This paragraph makes transitional modifications of the table as it applies to England and Wales.
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3
In relation to an offence committed before the commencement of section 281(5) of that Act (alteration of penalties for summary offences), a reference to imprisonment for a term not exceeding 51 weeks is to be read as a reference to imprisonment for a term not exceeding six months.
Sch. 3A inserted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), ss. 1(2), 3(2), Sch. 1 (with s. 3(3))