HSE Prosecution System

Last Updated: 18 April 2008

Version: P1.0

 

Glossary

Help Overview

A B C D E F G H I J K L M
N O P Q R S T U V W X Y Z

 


A

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Act  (Section /Sub-Section)
An Act is a piece of HSE legislation. Each Act can be divided into Sections and each Section may have Sub-Sections e.g. Section 2(1) of the Health and Safety at Work etc. Act 1974.

Activity

        See Main Work Activity


B

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Back
The back button allows you to step back through the screens one step at a time.
 
Breach
When an Act or Regulation is broken, this is regarded as a Breach. Each breach is heard in court and is given a result.

C

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Case

Case refers to a prosecution against a single defendant. The defendant may be an individual person or a company. There may be one or more breaches of health and safety legislation associated with each case.

Case Number
The unique number assigned to the Case by HSE's computer systems.
 
Case Summary
See Summary.
 
Condition
The AND, OR and NOT conditions are used on Advanced Search. Please note: the examples given below are for finding Cases, but the conditions can be used in the same way to find Breaches:-

AND allows you to include another search criteria in the search, but all items must be present in the Case Details for it to appear in the Hitlist.

E.g. Searching for Cases where the Defendant is "Botary Ltd" AND the Location of the Offence was "Aberdeen", would return 1 Case, i.e.; 

  1. Case A1 where an employee of Botary Ltd fell off a ladder in Aberdeen.

OR allows you to include another search criteria in the search, but only one criteria must be present in the Case Details for it to appear in the Hitlist.

E.g. Searching for Cases where the Defendant is "Botary Ltd" OR the Location of the Offence was "Aberdeen", would return 3 Cases

  1. Case A1, where an employee of Botary Ltd fell off a ladder in Aberdeen,
  2. Case A2, where an employee of Botary Ltd fell off a ladder in London and 
  3. Case A3, where an employee of ACME Ltd was injured in Aberdeen

E.g. Searching for Cases where the Defendant is "Botary Ltd" AND the Location of the Offence was "London" OR the Location of the Offence was "Aberdeen", would also return 3 Cases

  1. Case A1, where an employee of Botary Ltd fell off a ladder in Aberdeen,
  2. Case A2, where an employee of Botary Ltd fell off a ladder in London and 
  3. Case A3, where an employee of ACME Ltd was injured in Aberdeen

Please Note; If you want to find all Cases where the Defendant was "Botary Ltd" and the Location of the Offence was either "Aberdeen" or "London" then use the following example:-

E.g. Searching for Cases where the Defendant is "Botary Ltd" AND the Location of the Offence was "London" OR the Defendant is "Botary Ltd" AND the Location of the Offence was "Aberdeen", would only return 2 Cases

  1. Case A1, where an employee of Botary Ltd fell off a ladder in Aberdeen and
  2. Case A2, where an employee of Botary Ltd fell off a ladder in London 

As you can see the ACME Ltd Case - A3 does not appear in the results, as the search criteria "Defendant is "Botary Ltd"" appears before and after the OR statement and therefore this criteria must be true in all the results. 

NOT allows you to exclude a search criteria from the search, where the criteria must NOT be present in the Case Details for it to appear in the Hitlist

E.g. Searching for Cases where the Defendant is "Botary Ltd" and the Location of the Offence was NOT "Aberdeen", would return at 1 Case

  1. Case A2, where an employee of Botary Ltd fell off a ladder in London.
 
 
Country
Country is used within the Geographical Search and Advanced Search and can be one of three; England, Scotland and Wales.
 
Court Level
Identifies the level of the Court at which the hearing of a Case took place.   There are nine levels of Court and they are; Court of Appeal, Coroners Court, Crown Court, Divisional Court, High Court of Justiciary, House of Lords, Magistrates Court, Sheriff Court and Solemn Procedure. 
 
Court Name
The Name of the Court where the Case was heard
 
Current Search Criteria
When building an Advanced Search, each criteria is listed in the Current Search Criteria area. At any point you can see Results based on the current criteria listed, by using the Go button.   If you wish to start entering the criteria again, you can use the Start Again button, which will clear the Current Search Criteria area, so you can start a new Advanced Search.

D

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Date of Hearing
The actual date that the Hearing of the Case took place.  Date is in the format DD/MM/YYYY, where;
 
DD is the Day e.g. 25, 
MM is the Month e.g. 07 and 
YYYY is the year e.g. 2000
 
Defendant or Defendant's Name
The name of the Defendant.  When an Act or Regulation has been breached, the entity who has responsibilities under Health and Safety Law, is the Defendant. 
Defendant Status
The status of the Defendant, according to pre-defined categories:
 
Type Description
Individual A self employed person or an individual who has responsibilities under the Health and Safety at work Act 1974.

Sole Proprietor

Sole Proprietor

Limited Company

Limited Company

Employee

Employee

Private Company

Any incorporated company whether limited (by shares or guarantee) or unlimited. Public limited companies are included.

Partnership

Any number of individual partners trading as a partnership, probably with a trading name.

Local Authority

District, town, city, county, or metropolitan councils, and any other form of local government.

Central Government

Government departments eg Ministry of Defence, Department of Transport, Social Security.

National Health Service

NHS bodies, irrespective of funding arrangements, and including NHS Trusts.

Other

All other client types

Public Limited Company (plc)

A Public Limited Company under British law.

Agricultural Research

Agriculural Research

 

E

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F

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Fatality
Prosecution cases which resulted from the 'investigation' of a fatality. 
During an investigation of a fatality an HSE inspector may find that the company or individual is breaching other health and safety acts or regulations, therefore the prosecution breach may not be directly related to the incident which caused the fatality.
 
Fine
The amount the defendant was fined by the court.

G

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H

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Hearing Date
See Date of Hearing.
 
Hearing Result
See Result
 
Home Page
The first page of a web site, which usually provides a description of the web site including a contents list.
 
 
HSE Directorate
The Health and Safety Executive (HSE) is divided up into four major areas of inspection and they are: 
 
FOD Field Operations Directorate
HID Hazardous Installations Directorate*
ND Nuclear Directorate
FWS Flexible Warrant Scheme**

* Incorporates Offshore Division, Chemical Industries & Specialised Industries

** Enforcement by Local Authority inspectors under warrant from HSE

 
HSE Division
 
HSE Division is an area of Great Britain as defined by the HSE.  Each HSE Area Office will sit within a HSE Division.  There are seven HSE Divisions and they are;
 
Scotland
Yorkshire and North East
North West
Midlands
Wales and West
London and the South East 
Home Counties

 

HSE Group
HSE Group is the management unit which took the prosecution case.

I

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Industry
The type of Industry where the Offence occurred. This is based on the main economic activity of the defendant. The industry categories are:
 
Agriculture, Hunting, Forestry and Fishing

Construction

Extractive and Utility Supply
Manufacturing
Services

J K

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L

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Local Authority
Local Authority in whose area the offence occurred.

Note! It's not always possible to pin-point the local authority for Rail related offences.
Prosecution Cases/Breaches prefixed with 'O' were taken by HSE's Offshore Division. Where the offence took place OFF-SHORE (E.g. Location Type - Diving Support Vessel (DSV)) it is difficult to pin-point the actual location of the offence, therefore the Local Authority relates to the Defendant's 'on-shore' address.

For ON-SHORE offences (E.g. Location Types - Inshore Diving, Onshore Well Site or Other Location) the Local Authority relates to the location of the offence.

 

 
Location of Offence
Address, Region, Local Authority, Industry, Main Activity where the offence occurred.
 
Location Type
Identifies the type of Location where the offence took place.
Click here for the list of Location Types.

M

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Main Work Activity
The Main Economic Activity where the offence occurred. Each activity has an associated activity code . These activities are also known as Standard Industrial Classifiations (SIC).
 
Click here for the list of Work Activities (SICs)
 
The hierarchy is also illustrated on the industry search page

N

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Non-Compliance with an Improvement Notice
Identifies whether a prosecution breach for a given case was the result of non compliance with the requirements of an improvement notice served on the defendant.

O

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Offence Date
The date the first offence took place.
Operands

The <, > and = operands are used as follows:-

"<", when used with dates means before, 

E.g. < 2000  - before the Year 2000, excludes 2000, but includes 1999

E.g. < 11/2000  - before November 2000, excludes November and December 2000 and any date after, but includes January to October 2000 and all of 1999

"<", when used with amounts means less than, 

E.g. < 100,000 - less than 100,000

">", when used with dates means after, 

E.g. > 1999  - after the Year 1999, excludes 1999, but includes 2000 and all subsequent years

E.g. > 11/2000  - after November 2000, excludes November 2000, but includes December 2000 and all subsequent years

">", when used with amounts means greater than, 

E.g. > 100,000 - greater than 100,000

"=", when used with dates means equal to, 

E.g. = 2000  - equal to Year 2000, excludes 1999, 2001 and all subsequent years

E.g. = 11/1999  - equal to November 1999, excludes October 1999 and all previous months, also excludes December 1999 and all subsequent months.

"=", when used with amounts means equal to, 

E.g. = 100,000 - equal to 100,000, must be the exact amount.

 


P  Q

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Paragraph Number
See Regulation

R

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Region
A Region is an area within Great Britain.  Region is used within the Geographical Search.  There are eleven Regions recognised by the HSE and they are;
 
Scotland
North East
North West 
East Midlands
West Midlands 
York & Humberside
Wales
South East
South West 
Eastern 
London
 
Regulation

A Regulation is a piece of HSE legislation. Each Regulation has a regulation number and a paragraph. e.g. The Agriculture (Avoidance of Accidents to Children) Regulations, Reg No. 003,  Para. 01.

Click here for the list of Regulations.

Result
The result of the hearing with regard to a particular breach. The results are:
 

Guilty Absolute Discharge

Guilty Admonished (Scotland)

Guilty Conditional Discharge

Guilty Conditional Discharge/Order

Guilty Fine

Guilty Fine/Order Made

Guilty Imprisonment

Guilty Imprisonment/Order Made

Guilty Fine/Imprisonment

Guilty Fine/Imprisonment/Order

Guilty Community Sentence

Guilty Order Made

Guilty No Separate Penalty

 
Resulting from a Fatality
See Fatality
 

S

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Section / Sub-section
See Act
 
Standard Industrial Classification SIC)
See Main Work Activity
 
Status
See Defendant Status
 
Summary
A brief text description of the Case

T

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Toolbar
The area at the top of the screen that contains icons for performing different functions.
 
Total Costs Awarded to HSE
The amount of costs awarded to HSE by the Court
 
Total Fine
The amount the court fined the Defendant, for the overall Case, this is the sum of all the fines for all the Breaches associated with the Case.
 
Type of Location
See Location Type
 

U

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UK Region
See Region

V

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W X Y Z

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