Health and safety and corporate manslaughter offences

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Recklessness in criminal cases

What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of...

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...

Transferred malice

The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an...

Causation and intervening acts in criminal cases

Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...

Practice notes

Common assault and battery

The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...

9th Nov

In-house

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov

Practice notes

Football banning orders

What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...

9th Nov

Practice notes

Boiler room fraud

What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...

9th Nov

Practice notes

Corporate manslaughter—prosecutions tracker

This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...

9th Nov

Practice notes

Serious crime prevention orders

Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...

9th Nov

Practice notes

Perverting the course of justice

Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...

Produced in partnership with Thomas Evans of 3 Paper Buildings 9th Nov

Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...

9th Nov

Practice notes

Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013

What are hygiene improvement notices?Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a...

9th Nov

Practice notes

Obtaining and executing a search warrant under PACE 1984

Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...

9th Nov

Practice notes

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...

9th Nov

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 9th Nov

Practice notes

Non-intimate samples

The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate...

9th Nov

Practice notes

Taking a conveyance without the owner's consent (TWOC)

Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...

9th Nov

Practice notes

The statutory exceptions to the rule against hearsay in criminal proceedings

Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...

9th Nov

Most recent Health and safety and corporate manslaughter offences content

Practice notes

CQC enforcement tracker

This Practice Note provides a summary of key prosecutions for health and social care offences brought by the Care Quality Commission (CQC) in England...

30th Nov

Practice notes

Control of Major Accident Hazards—regulation and enforcement

The Control of Major Accident Hazards Regulations 2015 (COMAH 2015), SI 2015/483, aim to prevent major work place accidents occurring and put in place...

28th Nov

Practice notes

Control of Substances Hazardous to Health Regulations 2002 (COSHH)—essential requirements

Industrial diseasesThe Control of Substances Hazardous to Health Regulations 2002 (COSHH), SI 2002/2677, is one of the most important health and...

28th Nov

Practice notes

Control of asbestos—penalties

PenaltiesThe Control of Asbestos Regulations 2012, SI 2012/632 (‘CAR’) were made under Health and Safety at Work etc. Act 1974, s 15 (‘HSWA 1974’)....

Produced in partnership with Lee Hughes of Lincoln House Chambers 28th Nov

Practice notes

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, SI 2013/1471 (RIDDOR)—general requirements

What is RIDDOR? Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, SI 2013/1471 (RIDDOR) is a regulation which requires employers...

28th Nov

Practice notes

Hazardous substances regulation—potential liabilities

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...

Produced in partnership with Susannah Wilks 28th Nov

Practice notes

Control of asbestos—duty to manage

The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos...

28th Nov

Q&As

Is coronavirus (COVID-19) a reportable disease under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)?

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), SI 2013/1471 sets out a scheme by which various deaths, injuries...

Produced in partnership with Jamas Hodivala of Matrix Chambers 28th Nov

COVID-19

Practice notes

Coronavirus (COVID-19)—healthcare tracker

This tracker is focused on healthcare and is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and...

25th Nov

COVID-19

Practice notes

Accidents caused by the workplace environment

Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote section 47 of the Health and...

25th Nov

Practice notes

Findings, determinations and conclusions of an inquest

A coroner (or a jury where there is one) is required to make a determination at the end of an inquest of the matters which were ascertained from the...

Produced in partnership with James Robottom of 7BR 18th Nov

COVID-19

Practice notes

Fire safety developments following the Grenfell Tower fire

This Practice Note sets out key developments in relation to fire safety following the Grenfell Tower fire on 14 June 2017. Among other things, it...

18th Nov

Practice notes

Sentencing individuals convicted of gross negligence manslaughter

Gross negligence manslaughter is a common law offence and occurs when the offender:•is in breach of a duty of care towards the victim•the breach...

Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 17th Nov

Practice notes

ET rules (rules applying from Monday 29 July 2013, as amended)

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013SI 2013/1237SCHEDULE 1THE EMPLOYMENT TRIBUNALS RULES OF...

6th Nov

Practice notes

Health and safety fines over £1 million—tracker

This Practice Note provides a summary of the prosecutions for health and safety offences brought by the Health and Safety Executive (HSE), the Office...

20th Oct

Practice notes

Health and safety crisis management—a UK practical guide

In the immediate aftermath of an incident, it is of paramount consideration to have an incident management team appointed and deployed. See Practice...

Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 20th Oct

Q&As

Can the Care Quality Commission insist that an individual is removed in their role as partner in a general partnership, on the grounds that the individual has lost mental capacity? The business run by the partnership is a registered provider.

The Care Quality Commission (CQC) has responsibility under the Health and Social Care Act 2008 (HSCA 2008) for regulating bodies, including...

Produced in partnership with Denis Edwards of Normanton Chambers 13th Oct

Practice notes

Appealing sentences passed in health and safety cases

There are procedural requirements that practitioners must be aware of when appealing sentences imposed in health and safety cases to the Crown Court...

Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 2nd Oct

Practice notes

Duty to take reasonable care and interfering with safety

Interfering with safety offenceEvery employee is under a duty, while at work, to take reasonable care for the health and safety of himself and of...

2nd Oct

Practice notes

Voluntary attendance at an interview under caution

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...

30th Sep