The legal framework for health and safety

There are two sub-divisions of the law that apply to health and safety issues criminal law and civil law. 

Criminal law consists of rules of behaviour laid down by the government or the state and, normally, enacted by Parliament through Acts of Parliament. These rules or Acts are imposed on the people for the protection of the people. Criminal law is enforced by several different Government Agencies who may prosecute individuals for contravening criminal laws. It is important to note that, except for very rare cases, only these Agencies are able to decide whether to prosecute an Individual or not. 

An individual who breaks criminal law is deemed to have committed an offence or crime and, if he is prosecuted, the court will determine whether he is guilty or not. If he is found guilty, the court could sentence him to a fine or imprisonment. Due to this possible loss of liberty, the level of proof required by a criminal court is very high and is known as proof beyond reasonable doubt , which is as near certainty as possible. While the prime object of a criminal court is the allocation of punishment, the court can award compensation to the victim or injured party. One example of criminal law is the Road Traffic Acts which are enforced by the police. However, the police are not the only criminal law enforcement agency. The Health and Safety at Work Act is another example of criminal law and this is enforced either by the Health and Safety Executive or Local Authority Environmental Health Officers. Other agencies which enforce criminal law include the Fire Authority, the Environment Agency, Trading Standards and Customs and Excise. 

There is one important difference between procedures for criminal cases in general and criminal cases involving health and safety. The prosecution in a criminal case has to prove the guilt of the accused beyond reasonable doubt. While this obligation is not totally removed in health and safety cases, section 40 of the Health and Safety at Work Act 1974 transferred, where there Is a duty to do something so far as is reasonably practicable or so far as is practicable or use the best practicable means , the onus of proof to the accused to show that there was no better way to discharge his duty under the Act. However, when this burden of proof is placed on the accused, they need only satisfy the court on the balance of probabilities that what they are trying to prove has been done. 

Civil law concerns disputes between individuals or individuals and companies. An individual sues another individual or company to address a civil wrong or tort (or delict in Scotland). The individual who brings the complaint to court is known as the plaintiff (pursuer in Scotland) and the individual or company who is being sued is known as the defendant (defender in Scotland). 

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