Rank: Guest 
|
Posted By Michael Carr
Hi all
I know this may seen like an obvious question to some of you but could someone explain to me the difference between criminal & civil law with regards to Health and Safety?
any replies will be much appreciated
Kind regards
Mike
|
|
|
|
|
|
Rank: Guest
|
Posted By Bob Shillabeer
A crime is an offence against the State, therefore the procecution of cases is undertaken by the Crown Procecution service. A case may be taken by an individual but these are now very rare. Criminal cases are heard normally by a Magistrates Court and in the Crown Court. The level of proof required is beyond reasonable doubt. Therefore if an individual is charged with speeding or theft this is criminal law. In H&S terms it is criminal law in relation to breaches of the HASAW Act and regulations, etc. Civil Law is where a case is brought by an individual against another individual, about 90% of claims against an individual are civil law claims and are heard in the County Court and the High Court. Common Law is generally based upon the balance of probability.
In short criminal law is where the level of proof needed is beyond reasonable doubt whereas civil law is based on the probability wqhich is of cousre a loweer level than criminal law.
|
|
|
|
|
|
Rank: Guest
|
Posted By Michael Carr
Hi bob
thanks for your reply
so if an employee was taking their employer to court for an injury received at work would this come under criminal law if the employer had breached the HSAW/regulations etc in some way?
thanks again
Mike
|
|
|
|
|
|
Rank: Guest
|
Posted By Dave Merchant
"so if an employee was taking their employer to court"
That's civil as it's not Crown vs. ????
|
|
|
|
|
|
Rank: Guest
|
Posted By kaggs
It would come under Civil Law as it is based on the contract between the employer and the individual i.e. Employment Contract. The employer also has a duty of care under Common Law towards employees, and others, so if this has been breached then the employee is effectively taking his/her employer to court for negligence. He would then need to prove that there was a duty owed (under the contract), it had been breached, and damages or losses was as a direct result of the negligence.
If indeed the company has breached statutory e.g. HASAWA then it will be much easier to prove negligence under Civil Law.
Hope this helps.
Regards
|
|
|
|
|
|
Rank: Guest
|
Posted By ScotsAM
A criminal law is goverened by acts of parliament, createt by parliament to protect the people. Such as Health and Safety at Work Act, Criminal Act, Road Traffic Act etc. These are enforced by enforcement agencies such as the HSE, Police, Fire Authority, Environmental Protection Agency etc and put to the Crown Prosecution Service ot Procurator Fiscals office in scotland for a decision on whether to prosecute. Criminal cases can end in punishment including Fines, Community Service or Imprisonment.
Civil law is goverened by previous court rulings. This is when an individual or body feels they have been aggrieved by another individual or body. These are still heard in court, however any ruling is obtained on the balance of probability rather than criminal courts 'beyond all reasonable doubt'. There is no guilt as such and the punishment is normally obtained from the aggrieved party receiving a monetary amount equal to the grievance.
There's probably more to it than that.
|
|
|
|
|
|
Rank: Guest
|
Posted By Michael Carr
Yes thanks that has been a big help
Many thanks
Mike
|
|
|
|
|
|
Rank: Guest
|
Posted By Bob Shillabeer
No an employee would not be able to take a criminal case to court and hope for any success. If a criminal breach had been committed it would be the HSE or local authority who would take the case to court. The employee may bring a civil case but generally only if there was a duty of care owed by the person being sued to the claimant, and the claimant actually suffered a loss, such an injury. It would be so rare that I can't recall a case brought under criminal law that has succeeded.
|
|
|
|
|
|
Rank: Guest
|
Posted By Phil Grace
Michael,
To add a little to previous postings - which I agree are all correct.
Civil law is based on a breach of the common law duty of care. An employer is held to have a duty of care to his employees - to provide a safe place of work, safe plant and equipment and competent fellow employees.
If any of these were either not "provided" or were defective in some way then the employer is alleged to have been negligent. Previous postings are correct in that previous court decision - precedents - are used to determine whether a particular (new) set of circumstances constitutes negligence.
BUT
Some pieces of legislation provide the a "common law right" to the employee allowing them to allege breach of statutory duty on the part of their employer.
Thus a civil claim for compensation (e.g. for deafness) could be based on negligence through failure to provide a safe place of work i.e. a quiet one and a breach of specific sections of the Control of Noise regulations.
Trust this helps clarify.
Phil
PS In terms of outcome a criminal prosecution will result in a fine (or perhaps imprisonment whereas use of legislation in a civil case will only result in compensation being awarded.
|
|
|
|
|
|
Rank: Guest
|
Posted By Michael Carr
Thank you all for your responses with this.
It has been very helpful
Kind regards
Mike
|
|
|
|
|
|
Rank: Guest
|
Posted By Eddie
You have a PM
|
|
|
|
|
|
Rank: Guest
|
Posted By water67.
Criminal law is basically based on statute.. laws passed by parliament etc.. e.g H,S at work act. and add ons such as manual handling etc.
Civil law has it's basis in common law what has developed over time..president set by judges/courts is often used. primarily based on the duty of care we all owe each other..
In the base sense for H&S criminal is what we will be prosecuted under Civil will be the basis of any claim for compensation...Check any claim coming in from our good old no win no fee mob..always states in the opening para.. "failure of your duty of care" to our client..then may go on to talk about..risk assessments etc. etc.
Hope this helps.
|
|
|
|
|
|
Rank: Guest
|
Posted By Joe Doc
A video we still use for our managers sums this up well in my opinion.
Statute (Criminal) Law punishes
Common (Civil) Law compensates
As I said basic but succinct!
|
|
|
|
|
|
Rank: Guest
|
Posted By Raymond Rapp
Mike
Some good comments even if some posts are a little confusing. So I will ad my penny's worth.
Criminal law (health and safety) statutory provisions are Acts passed by Parliament and Regulations approved under the Act. HSE and other enforcement h&s guidance is considered to be quasi law.
Civil law is normally associated with personal injury claims via the tort of negligence and a duty of care. There are a few examples of statute civil law which concern health and safety, such as the Occupier's Liability Act 1984.
Common law (judge made law) can involve either criminal or civil law. For example, manslaughter is a common law criminal offence, whereas a duty of care is enshrined in the common law.
Regards
|
|
|
|
|
|
Rank: New forum user
|
Here is a solution to your problem which I got through one of my professional friends' help when I found Legal Services. you can visit The Angel Trust to provide legal services, to provide family and business protection, and give guidance with a legal adviser.
|
|
|
|
|
|
Rank: Super forum user 
|
Reported - old post exhumed for advertising.
|
 2 users thanked Roundtuit for this useful post.
|
|
|
|
Rank: Super forum user
|
Reported - old post exhumed for advertising.
|
2 users thanked Roundtuit for this useful post.
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.