Professional Documents
Culture Documents
Unit 1: Session 2
Criminal liability Health and Safety at Work Act 1974 and subordinate legislation Roles and functions of external agencies Powers of inspectors and enforcement
Magistrates Courts
All criminal cases begin in the Magistrates Court
Magistrates are appointed members of public assisted on law and procedure by professionally qualified Clerk to Justices Summary offences: always heard in Magistrates Courts
Crown Courts
Trial by judge (decides law) and jury (decide facts)
Trial of cases where defendant has elected jury trial or where Magistrates have decided jury trial is appropriate due to seriousness and/or their limited powers of sentence Prosecution and defendant represented by counsel
Manslaughter (Involuntary)
Unlawful killing without malice aforethought - causing death through gross negligence. Under present law a company cannot be convicted without proof of reckless behaviour by at least one director (the identification principle).
Proposed new offences of: corporate killing killing by individuals where recklessness or gross carelessness as to health and safety precautions has caused death
HSC has several advisory committees to give it advice on subjects such as toxic substances, nuclear safety etc
Enforcement
Inspectors visit premises and places for two basic purposes: Proactive (planned preventive) inspections
Investigations: usually in response to RIDDOR reports or complaints
Enforcement: Options
Advice (verbal or in writing) Improvement Notice Prohibition Notice Prosecution (summary or indictment) Seize, render harmless or destroy any article or substance considered to be cause of imminent danger or serious injury
Advice
Where health and safety is generally well regulated and matters of minor concern are found, inspector may give advice rather than take formal enforcement action.
Advice may be confirmed in writing: onus placed on employer to confirm action taken.
Improvement Notice
requires action to be taken to remedy a breach of statutory duty within a specified time period at least 21 days must be given during which an appeal to an industrial tribunal may be made: inspector may extend term of notice
making of an appeal suspends notice until terms confirmed or amended by tribunal
Prohibition Notice
may be issued where inspectors opinion is that work activity presents risk of serious personal injury
may take immediate effect (usually) or may be deferred appeal to industrial tribunal may be made within 21 days but does not suspend the notice until appeal has been heard
Prosecution
HSC expects that prosecution will be considered :
when it is appropriate to draw general attention to the need to comply with the relevant law, or there is judged to have been considerable harm arising from breach of law, or the gravity of offence and general record and approach of the offender warrants it
Enforcement Policy
Basic principles:
Proportionality Consistency Transparency Targeting