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Prosecution
Last updated January 2024
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.
Definition: Prosecution
A prosecution is when charges are laid against a person or business for committing a criminal offence.
A prosecution is when charges are laid against a person or business for committing a criminal offence.
Important: The regulator is not obliged to lay charges every time health and safety duties are breached.
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.
Definition: Prosecutorial Discretion
Prosecutorial discretion is the choice that prosecutors have about whether to lay charges in a particular case.
Prosecutorial discretion is the choice that prosecutors have about whether to lay charges in a particular case.