{
  "url": "https://openlegislation.uk/health-and-safety-offences-act-2008/schedule-1",
  "json_url": "https://openlegislation.uk/health-and-safety-offences-act-2008/schedule-1.json",
  "legislation": "ukpga/2008/20",
  "legislation_title": "Health and Safety (Offences) Act 2008",
  "legislation_url": "https://openlegislation.uk/health-and-safety-offences-act-2008",
  "path": "schedule/1",
  "kind": "schedule",
  "number": "1",
  "heading": "New Schedule 3A to the Health and Safety at Work etc. Act 1974",
  "text": "“SCHEDULE 3A\nOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY\n1 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.\nOffence\nMode of trial\nPenalty on summary conviction\nPenalty on conviction on indictment\nAn 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.\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn 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.\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(b) consisting of a contravention of section 8.\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(b) consisting of a contravention of section 9.\nSummarily or on indictment.\nA fine not exceeding £20,000.\nA fine.\nAn offence under section 33(1)(c).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(d).\nSummarily only.\nA fine not exceeding level 5 on the standard scale.\nAn offence under section 33(1)(e), (f) or (g).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(h).\nSummarily only.\nImprisonment 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 scale, or both.\nAn offence under section 33(1)(i).\nSummarily or on indictment.\nA fine not exceeding the statutory maximum.\nA fine.\nAn offence under section 33(1)(j).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(k), (l) or (m).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(n).\nSummarily only.\nA fine not exceeding level 5 on the standard scale.\nAn offence under section 33(1)(o).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under the existing statutory provisions for which no other penalty is specified.\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\n2 (1) This paragraph makes transitional modifications of the table as it applies to England and Wales.\n(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.\n(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.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2008/20/schedule/1",
    "retrieved_at": "2026-10-29T09:11:48.924081+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}