[F11E+W+SThe 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 [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], 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 [F212 months] [F2the general limit in a magistrates’ court], or a [F4fine not exceeding the statutory maximum] [F4fine], 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 [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [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 9. | Summarily or on indictment. | A [F3fine not exceeding £20,000] [F3fine]. | A fine. |
| An offence under section 33(1)(c). | Summarily or on indictment. | Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], 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 [F5fine not exceeding level 5 on the standard scale] [F5fine]. | |
| An offence under section 33(1)(e), (f) or (g). | Summarily or on indictment. | Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], 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 [F5fine not exceeding level 5 on the standard scale][F5fine], or both. | |
| An offence under section 33(1)(i). | Summarily or on indictment. | A [F4fine not exceeding the statutory maximum][F4fine]. | A fine. |
| An offence under section 33(1)(j). | Summarily or on indictment. | Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F4fine not exceeding the statutory maximum][F4fine], 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 [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000][F3fine], 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 [F5fine not exceeding level 5 on the standard scale] [F5fine]. | |
| An offence under section 33(1)(o). | Summarily or on indictment. | Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], 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 [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], or both. | Imprisonment for a term not exceeding two years, or a fine, or both.] |
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))
F2Words in Sch. 3A table substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 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(a) (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(b) (with reg. 5(1))
F5Words 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))