PROHSR6 Enforce statutory provisions and present guilty pleas in Magistrates’ Courts for the purpose of work-related health and safety regulation
Overview
This standard covers the skills and knowledge required to enforce statutory provisions in your role as a health and safety regulator within the enforcing authority and presenting the prosecution case in a Magistrates’ Court, when a guilty plea is entered by the defendant
It covers
1. preparing reports recommending prosecution for alleged breaches of work-related health and safety legislation
2. initiating legal proceedings for alleged breaches of work-related health and safety legislation
3. presenting prosecution cases in a Magistrates’ Court, when a guilty plea is entered by defendants
Outcomes
Performance Criteria
You must be able to:
1. demonstrate there are cases to answer, that is in the public interest and is worthwhile for the regulatory authority to proceed to prepare a case for prosecution
2. assemble sufficient evidence and information to support the opinion that there is an offence
3. evaluate the nature of the offence(s) and the potential complexity of each in terms of securing convictions
4. weigh relevant factors in determining which charge(s) should be pursued
5. identify and evaluate possible defences against any proposed actions
6. check the cases are developed and presented in a way which enables arguments to be clearly followed and facilitates the preparation of court documents
7. prepare and draft court documents following company procedures
8. record statutory data and other information in accordance with regulatory authority requirements and duties
9. prepare documents which meet legislative requirements for form and content
10. arrange for laying of information and service of summons in accordance with required procedures
11. provide advance information to defendant in accordance with legislative and procedural requirements and agree any documents, exhibits or photographs you will use to assist the court
12. collate documentation needed for court following company procedures
13. conduct yourself in court in accordance with the rules of procedure and with regulatory authority policy
14. present cases for the prosecution precisely and clearly, and explain seriousness of offences, using evidence and photographs effectively in a manner understandable to the bench, and explain technical issues in non-technical terms
15. respond clearly and politely to questions posed by magistrates and court officials
16. assist the court in their consideration of compensation to any victim of offences
17. make application for costs following company procedures
18. report on conduct and outcomes of proceedings in line with regulatory authority requirements
Knowledge & Understanding
You need to know and understand:
1. how to make effective use of presentation and advocacy skills
2. how to establish and work within the aims and objectives of the regulatory authority
3. how to identify appropriate mandatory and discretionary enforcement actions, including giving advice, issuing notices, instituting proceedings
4. how to apply the regulatory authority’s enforcement policy and priorities
5. how to communicate with a wide variety of people and make effective use of techniques of persuasion and negotiation
6. how to deal with distressed people often in traumatised circumstances
7. how to evaluate information against legal requirements to achieve consistency, targeting, transparency and proportionality in enforcement decisions
8. notices and documents required by legislation or court procedure and how to prepare them
9. how to follow protocols and format of proceedings in Magistrates’ Courts
10. how to present evidence in court, argue cases and explain issues in non-technical terms
11. how to use databases and other information sources
12. how to identify and apply health, safety and welfare legislation and the relationship between the principal statutory provisions
13. how to interpret and apply relevant procedural legislation
14. how to apply rules of evidence
15. how to apply the principles of the UK legal system, and the functions of civil and criminal law in respect to health and safety
16. how to interpret the legal significance of approved and other codes of practice, standards and guidance, of relevant EC legislation, and of the standards produced by authoritative international bodies
17. how the Judiciary has interpreted statutory provisions, by reference to decided cases
18. the likely impact of cases on law and precedent and on improving health and safety
19. how the court goes about considering the question of financial compensation to any victim of a criminal offence to be paid by the defendant
20. how to identify the factors to be considered in deciding which charge(s) to bring − public interest in cases; political, social and economic factors; views of injured and bereaved parties; profile and severity of breaches how to apply regulatory authority’s and external guidance on enforcement
21. how enforcement statistics and records affect the public profile of regulatory authorities
22. how health and safety can be promoted by publicity generated by successful prosecutions and effective use of the media
PROHSR6 Enforce statutory provisions and present guilty pleas in Magistrates’ Courts for the purpose of work-related health and safety regulation
Overview
This standard covers the skills and knowledge required to enforce statutory provisions in your role as a health and safety regulator within the enforcing authority and presenting the prosecution case in a Magistrates’ Court, when a guilty plea is entered by the defendant
It covers
1. preparing reports recommending prosecution for alleged breaches of work-related health and safety legislation
2. initiating legal proceedings for alleged breaches of work-related health and safety legislation
3. presenting prosecution cases in a Magistrates’ Court, when a guilty plea is entered by defendants
Outcomes
Performance Criteria
You must be able to:
1. demonstrate there are cases to answer, that is in the public interest and is worthwhile for the regulatory authority to proceed to prepare a case for prosecution
2. assemble sufficient evidence and information to support the opinion that there is an offence
3. evaluate the nature of the offence(s) and the potential complexity of each in terms of securing convictions
4. weigh relevant factors in determining which charge(s) should be pursued
5. identify and evaluate possible defences against any proposed actions
6. check the cases are developed and presented in a way which enables arguments to be clearly followed and facilitates the preparation of court documents
7. prepare and draft court documents following company procedures
8. record statutory data and other information in accordance with regulatory authority requirements and duties
9. prepare documents which meet legislative requirements for form and content
10. arrange for laying of information and service of summons in accordance with required procedures
11. provide advance information to defendant in accordance with legislative and procedural requirements and agree any documents, exhibits or photographs you will use to assist the court
12. collate documentation needed for court following company procedures
13. conduct yourself in court in accordance with the rules of procedure and with regulatory authority policy
14. present cases for the prosecution precisely and clearly, and explain seriousness of offences, using evidence and photographs effectively in a manner understandable to the bench, and explain technical issues in non-technical terms
15. respond clearly and politely to questions posed by magistrates and court officials
16. assist the court in their consideration of compensation to any victim of offences
17. make application for costs following company procedures
18. report on conduct and outcomes of proceedings in line with regulatory authority requirements
Knowledge & Understanding
You need to know and understand:
1. how to make effective use of presentation and advocacy skills
2. how to establish and work within the aims and objectives of the regulatory authority
3. how to identify appropriate mandatory and discretionary enforcement actions, including giving advice, issuing notices, instituting proceedings
4. how to apply the regulatory authority’s enforcement policy and priorities
5. how to communicate with a wide variety of people and make effective use of techniques of persuasion and negotiation
6. how to deal with distressed people often in traumatised circumstances
7. how to evaluate information against legal requirements to achieve consistency, targeting, transparency and proportionality in enforcement decisions
8. notices and documents required by legislation or court procedure and how to prepare them
9. how to follow protocols and format of proceedings in Magistrates’ Courts
10. how to present evidence in court, argue cases and explain issues in non-technical terms
11. how to use databases and other information sources
12. how to identify and apply health, safety and welfare legislation and the relationship between the principal statutory provisions
13. how to interpret and apply relevant procedural legislation
14. how to apply rules of evidence
15. how to apply the principles of the UK legal system, and the functions of civil and criminal law in respect to health and safety
16. how to interpret the legal significance of approved and other codes of practice, standards and guidance, of relevant EC legislation, and of the standards produced by authoritative international bodies
17. how the Judiciary has interpreted statutory provisions, by reference to decided cases
18. the likely impact of cases on law and precedent and on improving health and safety
19. how the court goes about considering the question of financial compensation to any victim of a criminal offence to be paid by the defendant
20. how to identify the factors to be considered in deciding which charge(s) to bring − public interest in cases; political, social and economic factors; views of injured and bereaved parties; profile and severity of breaches how to apply regulatory authority’s and external guidance on enforcement
21. how enforcement statistics and records affect the public profile of regulatory authorities
22. how health and safety can be promoted by publicity generated by successful prosecutions and effective use of the media