Health and Safety Court Hearings

Environmental Health Officers may ask Local Authority legal services to institute the legal proceedings against an employer or employee if they consider that there has been a contravention of the legislation. It is up to the Courts to decide the verdict and impose the sentence.

• Role of magistrates
• Role of Crown or Criminal courts
• Appeal

Role of the Magistrates

• To hear the prosecution case and the defendant's plea
• Decide on a guilty or not guilty verdict
• Issue warrants for arrest, seizure or entry
• Impose fines of up to £5000 per offence
• Refer case to Crown or Criminal courts
• Offer defendant trial with jury at a Higher Court
• Award costs to successful party.

Role of Crown or Criminal Courts

• Trial by indictment
• Impose unlimited fines
• Impose a prison sentence.

Appeals

You have a right of appeal if served with a health and safety notice or found guilty.