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Posted By Ian D.
Can anyone point me in the right direction to find a summary or further information regarding:
Section 9 Criminal Justice Act interview with the police
PACE interviews
HSE interviews S37??
These are in relation to workplace fatalities etc
(Don’t worry is for a training brief)
Regards
Ian
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Posted By CRT
Hi,
would suugest that you have a read through The Police and Criminal Evidence Act 1984 - this will explain the legalities of an interview under caution, this covers police, HSE and LA interviews.
S37 - bit in the Act that covers offences by bodies corporate - interviews in relation to this would still be covered by PACE.
Hope this helps.
CRT
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Posted By Kirsty Davies2
Refer to PACE - code of practice (available on the net)
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Posted By Raymond Rapp Ian You should also read the workplace death protocol, which explains the relationship between the police, HSE and CPS. Depending how deep you want to go you may wish to peruse: Ministry of Justice, (2007) A guide to the Corporate Manslaughter and Corporate Homicide Act 2007, [online] http://www.nio.gov.uk/gu...007_web.pdf_oct_07-3.pdfRay
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Posted By LMR
I would imagine that your company has insurers and solicitors that are routinely used for everyday purposes; ask them for their guidance as it is they that carry the risk if the unspoken happens (as it does unfortunately) and they have been most supportive.
You may well find that for their own guidance they have protocols that they instantly issue upon being informed of the unspeakable which protect all involved when dealing with the initial horror, shock and awe.
Hope this helps.
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Posted By Ian D.
Thanks guys for the responce
To summarise (and I am sure I will be corrected if I am wrong)
For the purpose of bullet points
- Sec 9 CJA interview under caution by the police
- Chapter 10 PACE interview under caution by the HSE or Police
- Sec 20 HSWA interview (purpose of getting a statement) not under caution by the HSE
Come on you ex [reference removed] out there, put me right here!
Thanks
Ian
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Posted By ITK
Sorry thats incorrect.
Section 9 CJA is a voluntary witness statement NOT an statement under caution. Police, HSE or LA can carry these out.
When a witness makes a S9 statement this will generally be admissible in court without the need for the witness to attend.
Section 20 statements under HASAWA are often of very little use to the enforcing authority as they cannot be used aginst the individual.
Anyone suspected of an offence are interviewed under under caution in accordance with PACE.
ITK.
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Posted By Tony Brunskill
From a training point of view both the CJA section9 statement and interviews under caution covered by PACE are admissible in court and therefore legal advice is a good idea before completing either.
Statements under Section 20 (Factual Statements) cannot be used against the individual or their spouse, but they may be used against others.
If an Enforcing Authority moves from a Section 20 to PACE there is a bit of clue that what you are saying is incriminating! You will be cautioned and you should never take a caution lightly.
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Posted By Ian D.
Thanks guys for all the responses
ITK / Tony thank you for the very simple and concise answer, just what I was looking for.
I knew the forum would not let me down
Cheers
Ian
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Posted By Chris Jerman
But unless I am mistaken, PACE does not apply in Scotland? So HSE and LA have a slightly different view. Only applicable if like us, you have establishments North of the Border.
CJ
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