- Intermediate/Introductory *5 hours CPD
Health & Safety prosecutions are set to increase and penalties will become more severe.
This course is aimed at defence litigators, but is of equal value to those who prosecute Health & Safety cases and deals with the legal, procedural and tactical issues arising in a Health & Safety prosecution from investigation to conclusion.
It includes:-
- An overview of the legal framework
- Investigations; powers, appropriate prosecuting authority
- Cautioned interviews; legal and tactical considerations
- Influencing the decision to prosecute
- Disclosure; primary, secondary, defence? - CPIA Code
- Substantive law; "undertaking", "isolated negligence", "liability for contractors"
- S37 - Personal liability - connivance, neglect
- Proceedings; Plea before venue, reversal burden of proof
- Fatal accidents; police investigation, manslaughter - corporate killing update
- Sentencing considerations