|
In the United Kingdom there are several crimes that arise from failure to take care of health, safety and welfare at work. ==Offences under the Health and Safety at Work etc. Act 1974== (詳細はtriable summarily in the Magistrates' Court. However, some offences are triable on indictment in the Crown Court by judge and jury. If the magistrates feel that the offence is so serious as to exceed their sentencing powers, they can send it to the Crown Court for trial of for sentencing. The accused has a right to opt for Crown Court trial. Some other offences are triable summarirly only. Either an individual or a corporation can be punished〔Interpretation Act 1978, s.5〕 A corporation cannot be imprisoned, though an individual manager could be convicted if guilty of an offence. The statutory offences and maximum penalties are:〔Health and Safety at Work etc. Act 1974, (s.33 )〕 Further, for offences triable on indictment, up to two years' imprisonment may be imposed on a guilty individual where there is (s.33(4)): *Failure to operate with a license required by a regulation; *Breach of a condition of such a license; *An explosives offence contrary to statutory requirements. These penalties are maxima and guideline sentencing practice is published by the Sentencing Guidelines Council. However, when the Health and Safety (Offences) Act 2008,〔2008 c.20〕 comes into force on 16 January 2009, fewer offences will be summary only and more will carry maximum sentences of imprisonment or £20,000 fines.〔(Health and Safety (Offences) Act 2008 ), Sch.1〕 Courts in England and Wales are able to order convicted persons to pay the costs of their prosecution. In general, courts will only award a nominal sum, not the full economic cost. However, in the specific case of health and safety prosecution, the court will award the totality of prosecution costs against the offender.〔''(R v. Associated Octel Ltd (Costs) )'' () EWCA Crim 1237〕 The Regulatory Enforcement and Sanctions Act 2008 will give a Minister of the Crown the power to introduce, by Statutory Instrument, a system of fixed penalty notices for the section 33 offences.〔Regulatory Enforcement and Sanctions Act 2008, ss.36, 39-41/ Schs.5-6〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Health and safety crime in the United Kingdom」の詳細全文を読む スポンサード リンク
|