Anyone can bring a private prosecution. (the Evidential test); and. Is the evidence which can be adduced in Court sufficient to provide a reasonable prospect of conviction? We value private prosecutions as an important tool in the work health and safety system. Therefore, the duty holder must think about whether there is a possibility of danger and take all reasonably practicable steps to protect against it. They provide an opportunity for victims, their families or other parties to take a prosecution when WorkSafe does not.” Who can bring a private prosecution? Alongside her litigation abilities, she is skilful in crisis management, conducting investigations, advising on policy, regulatory practice, corporate governance and leadership. WorkSafe has agreed to withdraw the enforceable undertaking under section 128 of the Act. A criminal prosecution for a health and safety breach can have far reaching consequences. This involves taking positive steps to manage and control the risk. The right to bring private prosecutions is preserved by section 6(1) of the Prosecution of Offences Act (POA) 1985. The number of private prosecutions has increased in recent years. The top 10 is measured by what SHP readers have shown most interest in. This site gives details of prosecution cases pursued by the Health and Safety Executive, that resulted in successful convictions. Gazette notices. Level 19, Morrison Kent House, 105 The Terrace, Wellington 6011, Level 3, Cnr Fenton & Pukaki Streets, Rotorua, 3010, Level 1, 85 Fort Street, Auckland CBD 1010. Six months after the date on which a Coroner completes and signs a Certificate of Findings if it appears from the Certificate of Findings – or the proceeding of an inquiry – that an offence has been committed under the Act. Christchurch 8013, All rights reserved. We try to keep the information up to date. London EC4Y 1AE, Increasing prosecution of directors for health and safety offences, Senior Partner, Head of Healthcare - Providers, Covid-19 – risk assessment for our offices, Covid-19- reference for health and social care providers and professionals. Yes. WorkSafe’s policy is clear that Inspectors will be available before and during a trial. A number of private prosecutions under the Health and Safety in Employment Act 1992 (HSEA) have been signalled in recent months. However, health and safety liabilities should not be overlooked and clearly should be a matter high on the agenda at all board meetings. 605208). In 2016 the Health and Safety Offences, Corporate Manslaughter and Food Safety Offences Definitive Guideline came into force, which set out the steps that the court must follow in order to determine the appropriate sentence. Health & Safety, Health and Safety at Work Act, Health and Safety Executive (HSE), Prosecution, 7th Floor, 85 Fleet Street … ; or. Having recently been counsel in an HSEA private prosecution, 1 Tim Mackenzie of Wynn Williams outlines the issues that practitioners considering an HSEA prosecution should consider. Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences, Definitive Guide; Health and Safety Guideline Assessment; Further HSE Support. Nobody has to be hurt for an offence to be committed under the Act; there simply has to be a risk of harm. Once you have received notification that no action is being taken, you have to apply to the District Court for leave to file charges. Shortland Street, Health and Safety Offences, Corporate Manslaughter and Food Safety Offences Definitive Guideline. In addition to the Health and Safety at Work Act 1974, there are a number of Health and Safety Regulations, breach of which may also be a criminal offence. (the Public Interest test). Public register of convictions - up to 12 months old, Public register of convictions – between one and ten years old, Public register of enforcement notices - up to five years old. WorkSafe’s view on private prosecutions: “We value private prosecutions as an important tool in the work health and safety system. WorkSafe targets its limited resources to where we think they will make the most difference to the work health and safety system. Sign up to receive our newsletter so you can keep informed and up to date with changes in our law and helpful, practical articles. The finances of a linked organisation should not be taken into account in determining the level of turnover, but may be relevant to the defendant’s ability to pay (see below). Prosecutions may be dealt with in the Magistrates’ or the crown court. HSE aims to reduce work-related death, injury and ill health. Whereas, factors indicating lower culpability include instances where significant efforts were made to address risk, but the efforts were inadequate on this occasion or where there had been no prior event or warning indicating a risk.