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Law Enforcement and Corporate Accountability Setting the Scene David Bergman.

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Presentation on theme: "Law Enforcement and Corporate Accountability Setting the Scene David Bergman."— Presentation transcript:

1 Law Enforcement and Corporate Accountability Setting the Scene David Bergman

2 Law Enforcement and Corporate Accountability Setting the Scene Agencies Involved Health and Safety Executive and Local Authorities - HSC v HSE Police Crown Prosecution Service Government Departments Department of Transport Local Government and the Region Home Office

3 HEALTH AND SAFETY EXECUTIVE Main Enforcement Activities preventative inspections investigation into reported incidents Enforcement Powers Preventative- advice - enforcement notices Accountability - Prosecution - formal caution - written warning

4 HSC - ENFORCEMENT POLICY STATEMENT Resources Use of Powers- Preventative - Accountability Use of Preventative Powers When to investigate When to Prosecute Expectation of Prosecution- serious harm -serious failure - recklessness - poor history

5 HSE - ENFORCEMENT POLICY STATEMENT (cont) Who to prosecute Section 37 - Directors Which Courts- Magistrates Courts Prosecute by Whom Sentencing Issues and the HSE/LA

6 POLICE AND CROWN PROSECUTION SERVICE Manslaughter - differences between it and Health and Safety Offences police and HSE/LA Crown Prosecution Service


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