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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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