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13 June 2025 / Tom McNeill , Olivia Dwan
Issue: 8120 / Categories: Features , Criminal , Health & safety
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The bright side?

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The collapsing criminal justice system might return proportionality to health & safety enforcement decisions, argue Tom McNeill & Olivia Dwan
  • Underfunding in the criminal justice system is resulting in enormous delays and the collapse of thousands of trials.
  • One result of this is that health and safety regulators may be forced to take a more proportionate approach to enforcement, and to focus on breaches that create the most serious risks.
  • Serious offences will still risk prosecution. For businesses, early and effective engagement is essential to ensure the best possible outcome.

When the Robens review of workplace health and safety concluded in 1972, the consensus was clear: criminal proceedings are not appropriate for the ‘generality’ of offences arising under health and safety legislation, and should be reserved for ‘flagrant, wilful or reckless’ breaches. The Health and Safety at Work etc Act 1974 followed, replacing prescriptive regulations with a general duties approach, and creating the Health and Safety Executive (HSE).

The approach to enforcement has evolved over time. In the mid-1990s,

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
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