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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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