GC1-1 Legal Framework Flashcards
Explain the legal framework for the regulation of health and safety including sources and types of law
What are the two sub-divisions of the law that apply to health and safety?
Civil Law and Criminal Law
Criminal Law consists of rules of behaviour laid down by whom?
The Government/The State
Where are criminal laws enacted?
Parliament
Who enforces criminal law?
Government agencies e.g. the HSE, Local Authority Enforcement officers, the Police.
Who decides whether to prosecute someone for a health and safety offence or not?
Government agencies e.g. the HSE, Local Authority Enforcement officers, the Police.
A person or organisation who breaks criminal law is deemed to have committed…?
A Crime or an Offence
Who decides if someone is guilty of an offence?
The Court
What punishment could someone found guilty of an offence receive?
A fine or a custodial sentence
What level of proof is required to find someone guilty of an offence?
‘Beyond reasonable doubt’, which is as near certainty as possible.
In what way does Section 40 of the HSW Act modify the traditional criminal burden of proof?
Rather than being on the prosecution to prove guilt beyond reasonable doubt, it is often on the accused to show that there was no better way than the way they chose to discharge their legal duty.
What are the main sources of law in England and Wales?
Common law and statute law
Which source of law depends on “precedent”?
Common law
Which source of law is often described as “judge made law”?
Common law
Which source of law is made in parliament?
Statute law
Courts (judges) decisions are bound by common law in two particular ways. Please name them?
By earlier judgements on a particular point of law (judicial precedent); By the judgements in higher courts, which lower courts must follow.
