Contravening a requirement (s) of a section 22 prohibition notice
Court of Appeal (Criminal Division)
Health and Safety at Work etc. Act 1974, section 22
The offences concerned certain building works which the factory inspector found contravened the HASAW Act. The inspector gave a prohibition notice to Mr. Majeed, who tore it up and continued the works.
The applicant, Abdul Majeed, at Southwark Crown Court before Judge Fingret in 1995, changed his pleas to guilty to four counts on an indictment all contravening a requirement(s) of a prohibition notice issued under section 22 of the Health and Safety at Work etc. Act 1974, (HASAW Act). He was fined £2,000 on each count, with six weeks' imprisonment consecutive on each count in default. The fines therefore totalled £8,000, the default period 24 weeks. He was ordered to pay prosecution costs in the sum of £6,000 within 28 days. He renewed his application for leave to appeal against that sentence following refusal by the single judge.
Mr. M's grounds of appeal were that he had never previously been
guilty of offences, although this is at odds with the sentencing
remarks of Judge Fingret who said that he had in the past been fined
a total in excess of £4,000.
Mr M said that they arose out of circumstances beyond his control, that he suffered financially during the recession and was striving to survive in business. He also relied on his family, that the costs of the prosecution were unreasonable and unfair, and that the fine was excessive in all the circumstances.
The court found that Mr. M had absolutely no intention of complying with the law. In the view of this Court the sentences were entirely appropriate and it agreed with the single judge, who said:
"You show no basis for a successful appeal against these financial orders."
The application was refused.