Sample informations
- The legal requirements
- The informations
- HSW Act 1974 - section 2(1)
- HSW Act 1974 - section 3(1)
- HSW Act 1974 - section 3(2)
- HSW Act 1974 - section 4(2)
- HSW Act 1974 - section 7(a)
- HSW Act 1974 - section 37 (section 2)
- HSW Act 1974 - section 20(2)
- HSW Act 1974 - failure to comply with an enforcement notice
- Employers' Liability (Compulsory Insurance) Act 1969 - section 1(1)
- The Management of Health and Safety at Work Regulations 1999 - regulation 3(1)(a)
- The Workplace (Health, Safety and Welfare) Regulations 1992 4(1)
1. In this section there are examples of informations for offences that are commonly prosecuted by HSE.
2. These will assist you when you are drafting an information for a specific offence. However it is important to bear in mind that there are many different ways of writing an information which may be legally correct.
The legal requirements
3. An information, which may be oral or in writing, should:
- identify the `informant' ie the prosecutor;
- identify the defendant;
- give particulars of the offence; and
- give particulars of any relevant statute or regulation.
4. Rule 7.3 of the Criminal Procedure Rules 2015 additionally provides that an information should "describe the offence in ordinary language and identify any legislation that creates it". The information need not state all the elements of the offence but must contain such particulars of the case to allow the defendant to clearly understand what you are alleging they did.
5. For more detailed guidance on the considerations you should take into account, see the section Drafting informations[166].
6. If there are several charges, it would be advisable to number the informations. This will make it easier to present the allegations clearly to the court, particularly where alternative informations have been laid (see Selection of Charges and Mode of Trial[167] for further guidance on alternative informations).
The informations
7. Only the main text of the information is given in the examples as the overall layout may vary. You should work to your local forms or those provided in the Word investigation report template or equivalent.
8. Inspectors should note that there is no longer a need to conclude an information by specifying the legislative provision by which a penalty may be imposed on a convicted defendant. There has never been a legal requirement to include such a reference to the penalty and recent changes in legislation has complicated the drafting of such references. It will therefore aid clarity if inspectors concentrate just on setting out details of the offence itself.
The Health and Safety at Work etc. Act 1974 - section 2(1)
being an employer within the meaning of the Health and Safety at Work etc. Act 1974 ("the Act"), he/she/it failed to discharge the duty imposed on him/her/it by section 2(1) of the Act, in that he/she/it failed to ensure, so far as was reasonably practicable, the health, safety and welfare at work of all his/her/its employees, including [named employee(s)], [depending on the case, can include here details of the relevant work and/or the relevant risk], whereby he/she/it is guilty of an offence contrary to Section 33(1)(a) of the Act.
The Health and Safety at Work etc. Act 1974 - section 3(1)
being an employer within the meaning of the Health and Safety at Work etc. Act 1974 ("the Act"), he/she/it failed to discharge the duty imposed on him/her/it by section 3(1) of the Act, in that he/she/it failed to conduct his/her/its undertaking, namely [details of the undertaking where appropriate], in such a way as to ensure, so far as was reasonably practicable, that persons not in his/her/its employment who may have been affected thereby, including [name(s) of individual(s)], were not thereby exposed to risks to their health or safety, namely [details of the relevant risk where appropriate], whereby he/she/it is guilty of an offence contrary to Section 33(1)(a) of the Act.
The Health and Safety at Work etc. Act 1974 - section 3(2)
being a self-employed person within the meaning of the Health and Safety at Work etc. Act 1974 ("the Act"), he/she failed to discharge the duty imposed on him/her by section 3(2) of the Act, in that he/she failed to conduct his/her undertaking,of a prescribed description namely [details of the type of prescribed undertaking by reference to regulation 2 of the The Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015 and s 3(2A) HWSA as appropriate], in such a way as to ensure, so far as was reasonably practicable, that he/she and/or other persons not in his/her employment who may have been affected thereby, including [name(s) of individual(s)], were not thereby exposed to risks to their health or safety, namely [details of the relevant risk] whereby he/she is guilty of an offence contrary to section 33(1)(a) of the Act.
The Health and Safety at Work etc. Act 1974 - section 4(2)
being a person who had control of [premises/the means of access to premises/the means of egress from premises/plant in premises/a substance in premises] [you can include here brief particulars of the premises, means of access/egress, plant or substance] within the meaning of section 4(2) of the Health and Safety at Work etc. Act 1974 ("the Act"), he/she/it failed to discharge the duty imposed on him/her/it by section 4 of the Act, in that he/she/it failed to take such measures as it was reasonable for a person in his/her/its position to take to ensure, so far as was reasonably practicable, that the [premises/means of access/egress/plant/substance] was/were safe and without risks to health, namely [give details], whereby he/she/it is guilty of an offence contrary to section 33(1)(a) of the Act.
The Health and Safety at Work etc. Act 1974 - section 7(a)
being an employee within the meaning of the Health and Safety at Work etc. Act 1974 ("the Act"), he/she failed to discharge the duty imposed on him/her by section 7(a) of the Act, in that he/she while at work failed to take reasonable care for the health and safety of himself/and of other persons (include names of those affected if appropriate) who may have been affected by his/her acts or omissions at work, in that he/she (particularise the acts or omissions alleged) whereby he/she is guilty of an offence contrary to Section 33(1)(a) of the Act.
The Health and Safety at Work etc. Act 1974 - section 37(1) (section 2(1))
being a [director/manager/secretary/other] of [name of body corporate] of [registered office address], a body corporate which committed an offence, in that it failed to discharge the duty to which it was subject by virtue of section 2(1) of the Health and Safety at Work etc. Act 1974 ("the Act"), namely [describe the offence committed by the body corporate mirroring the description from the relevant s 2 allegation if appropriate], and that offence was committed with his/her consent or connivance or was attributable to his/her neglect, in that he/she[give details of the directors relevant conduct] whereby he/she is guilty of an offence contrary to sections 33(1)(a) by virtue of 37(1) of the Act.
The Health and Safety at Work etc. Act 1974 - section 20(2)
being a person upon whom an inspector, [inspector's name] (HM Inspector), imposed a requirement using his/her power under section 20(2)([specify relevant paragraph]) of the Health and Safety at Work etc. Act 1974 ("the Act"), namely [describe nature of requirement], contravened that requirement in that he/she/it [outline failure to comply with requirement], whereby he/she/it is guilty of an offence contrary to section 33(1)(e) of the Act.
The Health and Safety at Work etc. Act 1974 - failure to comply with an enforcement notice
being a person upon whom an inspector, [inspector's name] (HM Inspector), served [an Improvement Notice/a Prohibition Notice] [describe requirement or prohibition set out in the notice] using his/her power under section [21/22] of the Health and Safety at Work etc. Act 1974 ("the Act"), contravened [the requirement/the prohibition] imposed by that notice [describe failure to comply here] whereby he/she/it is guilty of an offence contrary to section 33(1)(g) of the Act.
Employers' Liability (Compulsory Insurance) Act 1969 - section 1(1)
being an employer, he/she/it failed to comply with the requirement imposed by section 1(1) of the Employers' Liability (Compulsory Insurance) Act 1969 ("the Act") in that, as an employer carrying on business in Great Britain, namely [describe the business], he/she/it failed to [insure/maintain insurance] under one or more approved policies with an authorised insurer or insurers, against liability for bodily injury or disease sustained by his/her/its employees arising out of and in the course of their employment in Great Britain in that business, whereby he/she/it is guilty of an offence contrary to section 5 of the Act and liable to a penalty as provided by section 5 of the Act.
The Management of Health and Safety at Work Regulations 1999 - regulation 3(1)(a)
being an employer within the meaning of the Health and Safety at Work etc. Act 1974 ("the Act"), he/she/it contravened regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999, in that he/she/it failed to make a suitable and sufficient assessment of the health and safety risks to which his/her/its employees were exposed whilst they were at work, in relation to [list the relevant work activity or risk not adequately assessed] for the purpose of identifying the measures he/she/it needed to take to comply with the requirements and prohibitions imposed upon him/her/it by or under the relevant statutory provisions [specify if necessary], whereby he/she/it is guilty of an offence contrary to section 33(1)(c) of the Act.
The Workplace (Health, Safety and Welfare) Regulations 1992 - regulation 4(1)
being an employer within the meaning of the Health and Safety at Work etc. Act 1974 ("the Act") whose employees were working at a workplace under his/her/its control and to which the Workplace (Health, Safety and Welfare) Regulations 1992 ("the Regulations") applied, he/she/it contravened regulation 4(1) of the Regulations in that, contrary to [for example: regulation 6(1) of the Regulations, he/she/it did not make effective and suitable provision to ensure that every enclosed workplace was ventilated by a sufficient quantity of fresh or purified air (possibly include location or a more full description of the failure alleged)], whereby he/she/it is guilty of an offence contrary to 33(1)(c) of the Act.