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North v South - Magistrates v Crown Courts: Does the divide extend to Health and Safety?
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Posted By David J Bristow I am currently about to start a research project on whether the North/South divide extends to the punishments metered out by the Magistrates and Crown Courts in relation to those prosecuted for being responsible for someone’s death at work.
What is the difference between an international company “up North” and a national company “down South”, both prosecuted for a death at work? Answer is - about £230.000.00 – but which is which?
Why is there such a difference, surely a life is a life no matter on the geography of the persons working environment.
What are the thoughts of other members? If you can assist with any paper articles, I would be grateful if you would contact me by email so that I can furnish you with my address details.
Thanks in advance for your contribution to the above posting –
Regards David B
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Posted By Laurie David
I fear that the answer may be tied up with the perception that "up North" with our historical dependence on heavy industry such as coal, foundrywork, shipbuilding etc we have, God help us, come to accept serious industrial accidents as simply an occupational hazard whether we be operators or jurists.
I still teach that the farther north you work, the more likely your employer is to kill you, with apologies to the many conscientious employers north of Watfored
Laurie
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Posted By Paul Leadbetter Laurie
At the risk of hijacking the thread, do you have any data to justify your assertion?
Paul
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Posted By Alec Wood Yes indeed, given the construction boom in the South, and the fact that the heavy industry of the North has been transformed into call centres, I would love to see some data to back that one up too!
Alec Wood Samsung Electronics.
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Posted By Paul Adams Laurie, You are welcome to visit me and my employer in deepest, darkest Northumberland in order that we might disprove your teaching. Regards Paul Adams
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Posted By steve e ashton Ooh the parochiality (???) of the Ingerandlish.
'Up North' ?? You obviously don't know the meaning of the words....
Ever heard of Sheriff Courts?? Now that's North...
I would be very interested in seeing a comparison between the ingerlish and the scottyland court punishments along the lines indicated. I know there have been some very substantial fines imposed on a petroleum / chemicals site operator in the central belt (that's central belt scottyland). Do they still hold the record for a HSWA fine?
Steve
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Posted By Mark R. Devlin your all Down South from here!!!!!!!!!!
Mark Devlin Aberdeen
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Posted By fats van den raad Or, while we're at it, what about a comparrison between UK fines etc. and other countries in the EU that are supposed to be following the same laws, directives, etc.??
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Posted By Laurie Oh dear! Oh dear! My throwaway seems to have gone into cat among pigeons territory. Apologies to all those whose feathers I have ruffled.
As regards location, I'm based on Dundee, north of the Central Belt, but south of Aberdeen, but certainly, I feel, north.
My remark was a generalisation, and like all generalisations there are exceptions either way, which is why in my original thread I apologised, which apology I now repeat, to all conscientious employers, including my own, north of what was meant to be Watford!
However, the remarks did not come off the top of my head, but are based on an well researched article in the H&S press some years ago (maybe six or seven) which made this very point. I have not yet seen a rebuttal.
Laurie
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Posted By John Webster Sorry, Mark, but as far as we are concerned, you are just a "Sooth Mooth"!!
The true north (yes I come from Lancashire, which I used to think of as the North, but now realise barely makes it into midlands) has always been bereft of heavy industry. Here high risk occupations predominate. Agriculture, forestry (no-not in Orkney & Shetland where a lumberjack is as useful as a snow-plough operator in Singapore), fishing and of course oil exploration & production. Remote and lone working is the norm. The last census included a section asking mode of travel to work. There wasn't a box for 'boat', the normal daily mode of 'commuting' for hundreds of islanders, including schoolchildren. The weather is, at best, unpredictable. In winter, hurricane force winds whip seas to a boiling cauldron. Areas can be cut off for days or a week by drifting snow. Yet these are the conditions into which the lifeboat never fails to set sail, where the electricity linesman battles to restore power.
History tells of terrible tragedies. Of ships and helicopters lost. Just like in the mines further south, these tragedies affected whole communities and, in a way, bound them together.
So has this made us more accepting of death in the North? Is life somehow cheaper? I think not. Just the opposite. It is the attitude towards compensation which is different. Generalisation, sure, but up north, there is a much greater reluctance to take a neighbour to court. Much more likely for the community to close ranks and provide many forms of 'compensation' from within.
Whilst there will be an equal desire to make things better, to make sure the same thing can't happen again, there is not always the same desire to have to find someone to blame, to create a sueable scapegoat.
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Posted By Jim Walker
I work in what is described as a high risk industry. We operate all over the mainland of the UK.
At the moment I sit at my desk within 200 m of the seashore and can confidently state no one is further North on the mainland.
I see no real difference where I'm working all appear to be similar in actions. No H&S court case can be compared with any other due to differing circumstances, hence the difference in the fines.
I would concur however the Sheriffs seem to have the edge where common sense is concerned.
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Posted By Pete Stewart There is no doubt that other EU countries follow the same Directives as we do. Its just that they follow them at a distance, usually a very long one, whereas we seem to always want to be the first through the tapes unless its the Olympics.
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Posted By David J Bristow Thanks for all the replies, however, I do believe that some respondents may have missed the crux of the thread and that is I acknowledge that up North there may be heavier industry and therefore the risk of death is greater but the point I was trying to make is this:
Should not the Crown Courts with a jury of 12 peers decide the fate of the guilty employer (Where death has occurred) and not that of a Magistrate Court, a Magistrate who is not necessarily legally trained?
I still would appreciate your further thoughts on this matter!
Regards
David B
PS - Been away for a short while, hence the delayed response
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