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Recording prosecutions on the Police National Computer

Formerly OC 168/15

Summary

This OC summarises the procedure for inputting HSE convictions on the Police National Computer (PNC).

Introduction

The Police National Computer (PNC) contains records of all criminal convictions arising from police investigations.

It is necessary for HSE to record all prosecutions for ‘recordable offences’ on the PNC. This will increase the effectiveness of pan-government intelligence-sharing, allow the police and other Non-police prosecuting agencies (NPPAs) to view the criminal records of individuals and companies that would otherwise go undisclosed, and facilitate compliance with HSEs duty to disclose previous convictions of defendants prior to hearing. A list of ‘recordable offences’ can be found at Appendix 1.

Only ‘recordable offences’ are required to be recorded on the PNC. A recordable offence is one in which a term of imprisonment is available as a sentence, and will therefore cover the majority of offences under the Health and Safety at Work etc Act 1974 and relevant statutory provisions. This applies even if the defendant cannot actually be imprisoned – and so companies as well as individuals will have a PNC record created.

Action

On receiving instructions to lay an information, Litigation Officers should:

Further details of this process can be found in Appendix 3

Background

Following a Home Office review into intelligence-based record keeping and information sharing, it was recommended that the information on the PNC should be updated automatically from the courts. As a consequence of this, many courts now require details of potential prosecutions to be entered on the PNC before they will issue a summons. NPPAs are therefore required to record certain prosecutions on the PNC prior to obtaining a summons.

All prosecutions will continue to be recorded and published automatically in the HSE online public database.

Contacts

FOD Legal and Enforcement

Appendix 1 – Recordable HSE offences

CJS Code Offence Description Act / Regulations
HS74001 Employer breaching general duty to employee 33(1)(a) & 2 Health and Safety at Work etc Act 1974
HS74002 Employer / self-employed person breaching general duty to other than employee 33(1)(a) & 3 Health and Safety at Work etc Act 1974
HS74003 Person concerned with premises breaching general duty to other than employee 33(1)(a) & 4 Health and Safety at Work etc Act 1974
HS74005 Manufacturer breaching general duty regarding articles and substances for use at work 33(1)(a) & 6 Health and Safety at Work etc Act 1974
HS74006 Employee breaching general duty at work 33(1)(a) & 7 Health and Safety at Work etc Act 1974
HS74007 Interfering or misusing item provided to meet statutory health safety or welfare provision 33(1)(b) & 8 Health and Safety at Work etc Act 1974
HS74009 Contravening requirement imposed by inspector under s20 of this Act 33(1)(e) & 20 Health and Safety at Work etc Act 1974
HS74010 Contravening requirement imposed by inspector under s25 of this Act 33(1)(e) & 20 Health and Safety at Work etc Act 1974
HS74011 Preventing another person from appearing before inspector or from answering inspector's question 33(1)(f) Health and Safety at Work etc Act 1974
HS74013 Contravening improvement notice 33(1)(g) & 21 Health and Safety at Work etc Act 1974
HS74014 Contravening prohibition notice 33(1)(g) & 22 Health and Safety at Work etc Act 1974
HS74018 Contravene a health and safety regulation 33(1)(c) Health and Safety at Work etc Act 1974
HS74026 Obstructing inspector 33(1)(h) Health and Safety at Work etc Act 1974
HS74029 Use information without authorisation 33(1)(j) & 27(4) Health and Safety at Work etc Act 1974
HS74030 Disclose information without authorisation 33(1)(j) & 28 Health and Safety at Work etc Act 1974
HS74031 Make false statement 33(1)(k) Health and Safety at Work etc Act 1974
HS74032 Make false entry in document 33(1)(l) Health and Safety at Work etc Act 1974
HS74033 Make use of false entry in document 33(1)(l) Health and Safety at Work etc Act 1974
HS74034 Use document with intent to deceive 33(1)(m) Health and Safety at Work etc Act 1974
HS74035 Make document with intent to deceive 33(1)(m) Health and Safety at Work etc Act 1974
HS74036 Possess document with intent to deceive 33(1)(m) Health and Safety at Work etc Act 1974
HS74038 Fail to comply with court order 33(1)(o) & 42 Health and Safety at Work etc Act 1974
HS74039 Attempt to prevent another person from appearing before/answering inspector's question 33(1)(f) Health and Safety at Work etc Act 1974
  Contravention of a working time Prohibition or Improvement Notice 29(3) Working Time Regulations 1998

Appendix 2

Updated 2014-02-14