Law Flashcards
What is statute law?
Law concerned with acts and regulations of parliament
What is common law?
Law based on the decision of past judges setting a precedent
The rule that everyone owes a duty of care to everyone else
What is crown immunity?
The principle that the crown can’t prosecute itself
Is the crown required to follow health and safety legislation?
Yes
What organisations are in place to act as opposition to the crown?
Crown prosecution service
Centre for corporate accountability
Civil service unions
What is the MOD policy on crown censures?
Zero crown censures
Where are the MOD’s administrative arrangements for compliance with HASAWA 1974 contained?
JSP 815
What is the definition of a crown censure?
Procedures established to deal with situations where a crown body would have been prosecuted in ordinary circumstances.
What are the characteristics of a crown censure?
It is not a trial
No witnesses are called
Members of the public cannot attend them
It is chaired by a senior HSE inspector rather than a judge
To seek acknowledgement of the problem and to obtain an undertaking to improve standards of health and safety
How does the food safety act 1990 apply to the crown?
Crown cannot be prosecuted but the act still applies.
Provisions of the act may apply to people in service of the crown.
What is the MOD policy regarding a food safety offence?
Review the process in JSP 456 vol 3 chapter 5 to take remedial action.
Who can declare a contravention of the food safety act as unlawful?
The high court
