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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, following inquiries into several major disasters—including the King’s Cross underground

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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