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HSWA prosecution rather than conventional Criminal Law for GMC Police fatality
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Frank Hallett  
#1 Posted : 16 January 2014 13:06:01(UTC)
Rank: Super forum user
Frank Hallett
It appears that GMC Police are to be charged for the shooting of an unarmed suspect March 3 2012 under an unspecified Section of HSWA rather than a convenional Criminal Law case being brought! The initial story is in the Guardian but probable available across the media. Any thoughts? Frank Hallett
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Moderator 2  
#2 Posted : 16 January 2014 13:11:00(UTC)
Rank: Moderator
Moderator 2
Forum users - please be careful to avoid contravening this forum rule: 8. Discussion of potential or actual legal proceedings is prohibited on the public discussion forums. 8.1. Public inquiries, including where IOSH is a party to the inquiry, may be discussed on the Members’ Forum. 8.2. Information that has been intentionally released, for example to alert others to a particular hazard or fact, can also be discussed in the IOSH Members’ Forum. Thank you
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Frank Hallett  
#3 Posted : 16 January 2014 13:15:58(UTC)
Rank: Super forum user
Frank Hallett
Many thanks to the Moderator for the timely reminder and also to be aware of the requirement not to discuss this case specifically as it is sub-judice. However, it would be interesting to explore how such a use of HSWA legislation might be used in such an event as has occurred - keeping it hypothetical and not the specific parties in this case.. Frank hallett
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Canopener  
#4 Posted : 16 January 2014 13:41:46(UTC)
Rank: Super forum user
Canopener
Indeed, there have been a number of recent successful prosecutions for contempt for such!
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colinreeves  
#5 Posted : 16 January 2014 13:51:28(UTC)
Rank: Super forum user
colinreeves
More information already in the public domain at: http://www.bbc.co.uk/news/uk-england-25759909
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PH2  
#6 Posted : 16 January 2014 14:23:48(UTC)
Rank: Super forum user
PH2
I agree with the moderator on this one. Given the limited number of previous prosecutions for this type of incident under the HASAWA, it would be difficult to discuss the implications in abstract terms at this stage (even in the members areas forum) without breaching the forum rules. PH2
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RayRapp  
#7 Posted : 16 January 2014 14:29:34(UTC)
Rank: Super forum user
RayRapp
It is not so unusual to prosecute a police force with HSWA following a serious incident, as the above link confirms with the de Menezes case. However, if I am allowed to comment on the prosecution and not the case, I do not believe HSWA was intended to be used in such a way and I would also question that it's 'in the public interest'.
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A Kurdziel  
#8 Posted : 16 January 2014 15:18:36(UTC)
Rank: Super forum user
A Kurdziel
They use the Health and Safety at Work Act 1974 as there is no other (statute) law that specifically covers the issues raised by this case.
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