Health & Safety

Health and safety law is one of St Pauls Chambers’ key strengths. Health and safety law is a cross-disciplinary area, and for that reason, our team comprises both civil and criminal lawyers.

Criminal Health & Safety Law

Our barristers provide a full range of legal services for criminal health and safety law.

The general duties and criminal offences of health and safety are contained within the Health and Safety at Work etc. Act (HSWA) 1974, sections 2-7.

These general duties are supplemented by a vast range of further health and safety regulations created by subordinate legislation to the 1974 Act but also the further offences described in s.33(1)(b)-(o).

Beneath the Regulations are approved codes of practice (ACOP). Breaches of an applicable ACOP are evidence of a failure to comply with the requirements of applicable Regulations and/or the 1974 Act.

Detailed knowledge and understanding of the various duties and criminal offences created by health and safety legislation is essential to every business operating in England and Wales. Business organisations must be aware of their duties and the liabilities that may follow a breach of applicable duty.

Many offences are of strict liability in nature, and the sentencing guidelines for health and safety offences are severe. The sentencing guidelines are designed to have real economic impact on any defendant and focus their highly prescriptive approach on business turnover, culpability and the risk of harm in placing the case in a category range before fixing the level of fine. Further, individuals can be subject to sentences of imprisonment whether as employers or self-employed persons.

The sentencing guidelines must be considered by any court dealing with a health and safety offence and apply to all organisations or offenders sentenced after 1st February 2016 regardless of the date of offence.

The severity of the sentencing guidelines has brought a new emphasis for many corporates seeking earlier involvement of counsel to avoid prosecution before any relevant incident occurs and then to navigate the most successful path through any HSE investigation and subsequent criminal proceedings.

Civil Health & Safety Law

Our barristers provide a full range of advice regarding health and safety laws and regulations, including:

• Advising corporates on compliant business practices;
• Investigatory and pre-charge advice; and
• Advocacy services from the Magistrates Court through to the Crown Court, High Court and Court of Appeal.

If you require advice, guidance or support in any areas of commercial or civil health and safety law from our experienced barristers, please get in touch with our clerks today.