Rank: Super forum user
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Rank: Super forum user
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John
Thanks for the link.
It's been a very long time coming before we've seen the first case against a firm large enough to fall within what I thought was the intent behind the act.
Now we wait and see whether the CPS can make it stick, if Baldwins defence is vigorous.
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Rank: Super forum user
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This is of interest for the reasons Peter states Anyone got other links with more detail?
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Rank: Super forum user
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Rank: Guest
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I was led to believe years ago, that the HSE prosecuted firms when they thought they could win.
Is this now not the case?
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Rank: Super forum user
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Rank: Super forum user
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Rich777 - it's not the HSE's choice for Corporate Manslaughter. The prosecution is brought by the local Police force via the CPS.
Similarly, the new offences coming into force relating to Care Quality Commission (a new h&s regulator from April 2015) relating to ill treatment/wilful neglect for patients will also be dealt with by the Police and CPS.
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Rank: Guest
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Xavier123 wrote:Rich777 - it's not the HSE's choice for Corporate Manslaughter. The prosecution is brought by the local Police force via the CPS.
Similarly, the new offences coming into force relating to Care Quality Commission (a new h&s regulator from April 2015) relating to ill treatment/wilful neglect for patients will also be dealt with by the Police and CPS. Cheers Xavier - It's good to be educated and I thank you for the info.
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Rank: Super forum user
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I do not recommend entering the company name into the HSE enforcements notices area....not unless you have time to spare.
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Rank: Super forum user
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No worries Rich, to be honest, the HSE will still have taken a big role in the investigation and ultimately have advised Police on the case...its just that the final decision lies with the CPS.
Its true that its quite a big deal that they've chosen to prosecute a larger organisation <treading the line on commenting on the case> but the CPS have been very reluctant and cautious over taking on Corp Manslaughter charges over the last few years. The test is falling so far below the expected standard so as to have been a gross breach of the duty of care owed and showing a clear link to the controlling mind of the company. They clearly believe they can show this or they wouldn't be bringing it in front of a Court.
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Rank: Super forum user
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JohnMurray wrote:I do not recommend entering the company name into the HSE enforcements notices area....not unless you have time to spare. John, I could only see two. Was I pressing the wrong buttons?
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