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Paragraph 1 F1

England, Wales and Scotland

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.

OffenceMode of trialPenalty on summary convictionPenalty 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 the general limit in a magistrates’ court, or a F3fine not exceeding £20,000 fine, 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 the general limit in a magistrates’ court, or a F4fine not exceeding the statutory maximum fine, 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 the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, 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 fine not exceeding £20,000 fine.A fine.
An offence under section 33(1)(c).Summarily or on indictment.Imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, 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 fine.
An offence under section 33(1)(e), (f) or (g).Summarily or on indictment.Imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, 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 fine not exceeding level 5 on the standard scalefine, or both.
An offence under section 33(1)(i).Summarily or on indictment.A fine not exceeding the statutory maximumfine.A fine.
An offence under section 33(1)(j).Summarily or on indictment.Imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding the statutory maximumfine, 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 the general limit in a magistrates’ court, or a fine not exceeding £20,000fine, 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 fine not exceeding level 5 on the standard scale fine.
An offence under section 33(1)(o).Summarily or on indictment.Imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, 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 the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, or both.Imprisonment for a term not exceeding two years, or a fine, or both.

Annotations

Textual amendments

F1

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))

F2

Words 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

F3

Words 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))

F4

Words 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))

F5

Words 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))

Notes on Schedule 3A

Modifications

C1

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

C2

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))

C3

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)