Six Pump Court

This Practice Note explains the procedure involved in appealing sentences passed in health and safety cases and explores the approach to sentencing taken by the Court of Appeal (Criminal Division) in cases involving challenges to sentences imposed for health and safety breaches. It covers sentencing very large organisations for health and safety breaches, the impact of a fatality on sentence, the effect of operating profit on appeal, the reduction in sentences passed on public bodies, new evidence in appeals against sentence in the Court of Appeal as well as skeleton arguments and costs in health and safety appeals against sentence.

This Practice Note explains the duties imposed on directors in relation to health and safety law in the UK and the health and safety offences which can be committed by directors and leaders of organisations in their personal capacity under the Health and Safety at Work etc Act 1974 (HWSA 1974). The Practice Note explains the meaning of consent, connivance or neglect under HSWA 1974, s 37. It explains how the general duties under the Companies Act 2006 apply in relation to health and safety, the guidance on leading health and safety contained in Leading Health and Safety at Work: Leadership Actions for Directors and Board Members (INDG417), and how compliance with health and safety law by Boards of Directors can be demonstrated in practice.