[F1SCHEDULE 3AE+W+SOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
Textual Amendments
F1Sch. 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))
Modifications etc. (not altering text)
C1Sch. 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
1U.K.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 12 months, or a [F2fine not exceeding £20,000][F2fine], or both. | 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 12 months, or a [F3fine not exceeding the statutory maximum][F3fine], or both. | 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 12 months, or a [F2fine not exceeding £20,000][F2fine], or both. | 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 [F2fine not exceeding £20,000][F2fine]. | A fine. |
| An offence under section 33(1)(c). | Summarily or on indictment. | Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both. | Imprisonment for a term not exceeding two years, or a fine, or both. |
| An offence under section 33(1)(d). | Summarily only. | A [F4fine not exceeding level 5 on the standard scale][F4fine]. | |
| An offence under section 33(1)(e), (f) or (g). | Summarily or on indictment. | Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both. | 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 [F4fine not exceeding level 5 on the standard scale][F4fine], or both. | |
| An offence under section 33(1)(i). | Summarily or on indictment. | A [F3fine not exceeding the statutory maximum][F3fine]. | A fine. |
| An offence under section 33(1)(j). | Summarily or on indictment. | Imprisonment for a term not exceeding 12 months, or a [F3fine not exceeding the statutory maximum][F3fine], or both. | 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 12 months, or a [F2fine not exceeding £20,000][F2fine], or both. | Imprisonment for a term not exceeding two years, or a fine, or both. |
| An offence under section 33(1)(n). | Summarily only. | A [F4fine not exceeding level 5 on the standard scale][F4fine]. | |
| An offence under section 33(1)(o). | Summarily or on indictment. | Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both. | 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 12 months, or a [F2fine not exceeding £20,000][F2fine], or both. | Imprisonment for a term not exceeding two years, or a fine, or both. |
Textual Amendments
F2Words in Sch. 3A para. 1 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 7(a) (with reg. 5(1))
F3Words in Sch. 3A para. 1 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 7(b) (with reg. 5(1))
F4Words in Sch. 3A para. 1 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 7(c) (with reg. 5(1))
2(1)This paragraph makes transitional modifications of the table as it applies to England and Wales.E+W+S
(2)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's powers to imprison), a reference to imprisonment for a term not exceeding 12 months is to be read as a reference to imprisonment for a term not exceeding six months.
(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.]