This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to remedial orders following sentencing in England and Wales, explaining what they are, statutory bases under corporate manslaughter and health and safety laws, how they are structured and enforced, what happens on breach, and practical considerations for courts and offenders.
In England and Wales, courts can impose a variety of orders when sentencing individuals or organisations that have committed criminal offences. Among these, a remedial order is a specific type of order that requires an offender to take corrective action related to the cause or consequences of the offence. These orders are most commonly associated with health and safety offences and corporate manslaughter, where remedies aim to eliminate hazards or systemic failings that led to harm. A remedial order is not a standalone sentence for ordinary criminal conduct, but it is part of the sentencing framework in certain statutory contexts where legislative provisions empower the court to require corrective steps.
This article provides a detailed explanation of what remedial orders are, the statutory basis for imposing them, how they are structured and enforced, what happens upon breach, practical examples, and responses to common questions.
What Is a Remedial Order?
A remedial order is a court order made at the time of sentencing that requires the offender to undertake specified corrective actions to remedy factors that contributed to the offence. It can be applied in cases where the offence relates to organisational failings, risks to public safety, or breaches of statutory duties that can be addressed through positive measures rather than only through punishment.
Remedial orders are ancillary to the main sentence - they are made in addition to fines, compensation, community sentences, or other penalties that may be imposed. They differ from broader remedial legislation procedures (such as remedial orders under the Human Rights Act 1998) which relate to correcting incompatible legislation; the remedial orders discussed here are criminal sentencing tools requiring practical corrective steps following conviction.
Statutory Basis
The power to make remedial orders arises in a limited number of statutory provisions. The two principal contexts are:
1. Corporate Manslaughter and Corporate Homicide Act 2007
Under section 9 of the Corporate Manslaughter and Corporate Homicide Act 2007, when an organisation is convicted of corporate manslaughter, the court may make a remedial order requiring the organisation to take specified steps to remedy the organisational failings that caused the death. The order must be sufficiently specific and enforceable, and it is usually sought by the prosecution.
2. Health and Safety at Work Act 1974
Under section 42(1) of the Health and Safety at Work etc. Act 1974, the court may impose a remedial order following conviction for certain health and safety offences. This can be done in addition to or instead of other penalties if it appears appropriate to require corrective action to address safety vulnerabilities.
Other statutory frameworks may include similar corrective mechanisms, but these two are the most commonly used in criminal sentencing practice.
When Remedial Orders Are Considered
A remedial order is usually considered at the sentencing stage once an offender (especially a corporate defendant) has been convicted. The sentencing process will typically involve several steps:
- Assessment of Offence and Harm: The court considers the seriousness of the offence and the specific failings or risks that led to it.
- Prosecution Application: For certain offences (for example, corporate manslaughter), the prosecution must give notice of its intention to apply for a remedial order and propose the form of the order.
- Judicial Discretion: The judge evaluates whether a remedial order is appropriate, whether it can be drafted in clear, enforceable terms, and whether the proposed corrective measures are practicable.
- Drafting Order Terms: If the court decides a remedial order is suitable, it will craft the terms - often with input from both prosecution and defence - ensuring specificity about what steps must be taken.
Structure and Content of Remedial Orders
A remedial order must clearly set out:
- What actions the offender must take to remedy the failings that contributed to the offence;
- The specific policies, systems, procedures or hazards to be addressed;
- A reasonable timeframe for compliance; and
- Any conditions for monitoring or reporting on progress.
For example, a remedial order following a corporate manslaughter conviction might require a company to overhaul its health and safety management system, implement new training regimes, and commission independent audits of compliance. A remedial order under the Health and Safety at Work Act may require corrective repairs, safety system upgrades, or risk assessments within a set period.
Enforcement and Supervision
Once a remedial order is made, the offender must comply with its terms within the period specified. Enforcement is typically supervised by the court or the prosecution authority, and in some cases, by regulators (such as the Health and Safety Executive) who have a role in overseeing compliance with health and safety legislation.
A remedial order is enforceable in its own right: failure to comply constitutes a breach of the order. This can lead to further legal consequences, including prosecution for breach and potentially additional fines or other sanctions. The order itself often states the timeframe for compliance and the consequences of failure.
Relationship With Other Sentencing Measures
Remedial orders are one of several ancillary orders that courts may consider. Others include:
- Compensation orders to pay victims for loss or injury;
- Publicity orders requiring offenders to publicise details of the conviction and remedial steps taken;
- Forfeiture or deprivation orders requiring the disposal of offending tools or property.
In sentencing guidelines relating to offences such as corporate manslaughter or serious health and safety breaches, the court is directed to consider remedial orders alongside fines, compensation and publicity orders to ensure a holistic response to the offending behaviour.
Practical Examples
Corporate Manslaughter
An organisation convicted of corporate manslaughter may be fined and also receive a remedial order requiring substantial changes to safety systems. The prosecution will typically present a draft remedial order ahead of sentencing to give the court a clear proposal. The court must be satisfied the order's terms are precise and achievable.
Health and Safety Offences
A remedial order might require a business to fix defective equipment, update risk assessments, provide staff training and implement ongoing monitoring arrangements. Those steps directly address the unsafe practices that led to conviction and aim at preventing recurrence.
Breach of a Remedial Order
Failure to comply with a remedial order's terms is taken seriously. If an offender does not complete the specified steps in the order:
- They can be prosecuted for breach of the order;
- The court may impose further fines or penalties for non‑compliance;
- Additional enforcement action, including further orders, may be taken depending on the statutory regime under which the remedial order was issued.
Ensuring that remedial orders are specific and realistically achievable helps reduce the risk of breach and subsequent enforcement difficulties.
Common Questions
Who can be subject to a remedial order?
Remedial orders primarily apply to organisations convicted of offences like corporate manslaughter and certain health and safety breaches. Individuals are less commonly subject to remedial orders unless statutory provisions explicitly allow it.
Does a remedial order replace a fine?
Not usually. A remedial order is generally imposed in addition to other penalties, including fines or compensation. It is part of a broader sentencing package aimed at punishment, reparation and prevention.
Can a remedial order be varied?
Once made, a remedial order's terms are binding. If circumstances change significantly, an application to the court to vary the order may be needed, but this must be justified and approved by the court.
Key Takeaways
A remedial order is a criminal sentencing tool used in specific statutory contexts, particularly corporate manslaughter and serious health and safety offences in England and Wales. It compels an offender - typically an organisation - to take direct corrective action to remedy the causes of the offence and prevent recurrence. The power to make such orders is set out in legislation such as the Corporate Manslaughter and Corporate Homicide Act 2007 and the Health and Safety at Work etc. Act 1974, and sentencing guidelines instruct courts to consider them where appropriate. A remedial order must be specific, enforceable and accompanied by clear compliance timelines. Failure to comply can lead to prosecution for breach and further penalties. This structure ensures that sentencing not only punishes wrongdoing but also promotes real corrective action in the interests of public safety and legal compliance.
