Last updated April 2022
This chapter explains why you can be prosecuted for breaching health and safety legislation, how a prosecution will proceed against you and what penalties you may face.
Why might you be prosecuted?
If a health and safety regulator believes you have breached health and safety legislation or regulations, you may face prosecution.
A prosecution is when charges are laid against a person or business for committing a criminal offence.
The regulator will consider the following circumstances to determine whether to lay charges:
- the gravity of the breach;
- your past record; and
- the public interest.
This is called prosecutorial discretion.
Prosecutorial discretion is the choice that prosecutors have about whether to lay charges in a particular case.