Health and safety offences

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Practice notes
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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9th Nov
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Nov
Practice notes
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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9th Nov
Practice notes
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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9th Nov
Practice notes
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
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,...
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9th Nov
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 12th Jan
Practice notes
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov

Most recent Health and safety offences content

Practice notes
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...
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13th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note is updated to take account of the temporary relaxation of drivers’ hours rules as a result of the...
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13th Apr
Practice notes
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013SI 2013/1237SCHEDULE 1THE EMPLOYMENT TRIBUNALS RULES OF...
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9th Apr
Practice notes
What is the HSE?The Health and Safety Executive (HSE) is the national regulator for work-related health and safety in Great Britain. Its mission is to...
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Produced in partnership with Michael Potts of Byrne and Partners LLP 9th Apr
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents...
Read More >
9th Apr
Practice notes
In the immediate aftermath of an incident, it is of paramount consideration to have an incident management team appointed and deployed. See Practice...
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Produced in partnership with Lindsay MacNeill of BTO Solicitors LLP 9th Apr
Practice notes
The Health and Safety at Work etc Act 1974 (HSWA 1974) applies to employers and self employed persons.The Sentencing Council (SC) produces guidance on...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 9th Apr
Practice notes
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...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 9th Apr
Practice notes
General duties under the Companies Act 2006Section 172(1) of the Companies Act 2006 (CA 2006) creates a general duty on a director to:‘… act in the...
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Produced in partnership with Nicholas Ostrowski of Six Pump Court 9th Apr
Practice notes
This Practice Note explains the approach taken by the Health and Safety Executive (HSE) to the enforcement of health and safety law in England and...
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9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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9th Apr
Practice notes
Prior to 1 October 2015, the self-employed were obliged to protect themselves and others from any risks to their health and safety which may arise...
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9th Apr
Practice notes
Levying payment for safety equipmentEmployers have a series of duties imposed upon them by the Health and Safety at Work Act 1974 (HSWA 1974) in...
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9th Apr
Practice notes
The Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence-specific sentencing guidelines for...
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9th Apr
Practice notes
The immediate aftermath of an incidentDepending on the nature of the incident, first thoughts should, of course, be to address any medical...
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8th Apr
Practice notes
The Construction (Design and Management) Regulations 2015 (the Regulations) came into force on 6 April 2015. Their purpose is to make health and...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes
This Practice Note provides a summary of the prosecutions for health and safety offences brought by the Health and Safety Executive (HSE), the Office...
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8th Apr
Practice notes
There are procedural requirements that practitioners must be aware of when appealing sentences imposed in health and safety cases to the Crown Court...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 7th Apr

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