The Health and Safety Sentencing Guidelines came into force in February 2016. Since then, there has been a sharp increase in the size of fines and other penalties handed to those organisations and individuals found guilty of causing harm and/or breaching health and safety legislation.

The courts will take a number of factors into account when deciding on an appropriate sentence, but the main factors are:

1. The culpability of the guilty party, rated from low (minor failings etc.) to very high (flagrant disregard for health and safety etc.).
2. The level of harm risked. This considers not only the actual harm, but also the risk of harm that could have occurred (even if there was no actual harm). This is rated at level A (death, lifelong disabling injury/illness, reduced life expectancy etc.). B (long-term disabling injury/illness. C (anything not falling into categories A or B).
3. The likelihood of harm, rated low, medium or high.

So, the courts will go through a process when deciding on a sentence that is pretty much the same as a standard health and safety risk assessment.

Full sentencing guidelines here.