It is a tricky - but not uncommon - scenario for a defence team to advise on in regulatory cases: dishonesty is denied but found proved against the registrant at a substantive hearing and they are going to maintain that denial at the review hearing.
Since 2012, the Health and Safety Executive has been required to charge duty holders for the work which they have undertaken in investigating and enforcing material breaches of Health and Safety law. The stated aim of the scheme is to shift costs incurred by the HSE from tax-payers on to non-compliant duty holders.
The Health and Safety Executive has been recovering its’ costs for carrying out its regulatory functions from duty holders since 2012. The Fee For Intervention Scheme has its’ critics, but in the past few years, we have seen individuals and companies who are in material breach of health and safety law broadly accepting what is akin to a punitive tax on non-compliant businesses.
The 2015 Sentencing Council’s Definitive Guidelines on Health and Safety Offences etc. came into force in England and Wales on 1st February 2016. The 2015 Guidelines extend in their application to non-fatal Health and Safety offences and propose a matrix by which fines are to be calculated.