Prosecution of foreign defendants

OG Status: Partially open

General approach

1. Foreign companies that have an establishment (ie a branch or place of business) in the United Kingdom must register a number of particulars in this country with Companies House1[166], and will generally be liable for prosecution.

[Section 31 (Law enforcement) exemption Freedom of Information Act 2000]

6. In all cases where you do want to gather evidence abroad, you must consult Legal Adviser's Office.

Evidence from abroad

7. LAO may apply in writing to a magistrates' court for the issue of a 'letter of request'. The letter of request should always be drafted by LAO, requesting the assistance of a court, tribunal or other appropriate authority abroad in obtaining evidence outside the UK, which may consist of witness statements, documents or other items of evidence, where:

  • an offence has been committed or there are reasonable grounds for suspecting that an offence has been committed; and
  • proceedings in respect of that offence have been instituted or the offence is being investigated.

8. Letters of request can only be used to obtain evidence, not other pieces of information which are not to be used as evidence. This can raise complications when material is required for the purposes of satisfying HSE's disclosure obligations. Such issues should be discussed with LAO prior to the drafting of the letter of request.

9. These provisions are set out in s.7 of the Crime (International Co-operation) Act 2003. Note that, unlike the Police and certain other authorities, HSE is not a designated prosecuting authority for the purposes of s.7(5), and therefore is not entitled to send letters of request in its own right.

10. There may be circumstances in which informal contact is made with overseas investigative or regulatory bodies. LAO should always be consulted where such contact is anticipated. The letter of request procedure should be followed in all cases where admissible evidence is needed, unless LAO has advised otherwise.

11. In some cases, it may be appropriate for an inspector to be present when a witness is to be questioned abroad in order to deal with matters of form and content, and to have the opportunity to ask questions and make a note of the answers. In such cases, the need for an inspector to accompany the local officer should be explained to LAO prior to the drafting of the letter of request, as it will need to be included. LAO may be able to advise on whether the country from which the evidence is to be obtained has particular requirements or limitations relating to the attendance of an officer.

12. However, while each case should be considered on its merits, the presence of an inspector will not normally be warranted for the collection of copies of original documents or simple interviews, where question sets could be provided to local officers.

Service of proceedings

13. Sections 3 and 4 of the Crime (International Co-operation) Act 2003 provide that a summons requiring a person charged with an offence to appear before a court in the United Kingdom to answer a charge, or a person to attend to give evidence as a witness, can be served outside the United Kingdom, either by post (s.3) or, if otherwise than by post, in accordance with arrangements made by the Secretary of State (s.4).

14. This will not impose an obligation under UK law , and therefore no proceedings for contempt of court or for the issue of a warrant can be taken for failing to comply with such a warrant. The summons must also be accompanied by a notice giving the information required by rule 3 of the Magistrates Courts (Crime (International Co-operation)) Rules 20042.

15. If the person at whose request the summons is issued believes that the person on whom it is to be served does not understand English, he must inform the Court of this fact and provide a copy of the summons (or so much of it as is material) translated into the appropriate language (s.3(3)).

16. Where a summons is not served by post, the present arrangement requires the summons and accompanying documents to be forwarded via the United Kingdom Central Authority, which forms part of the Judicial Co-operation Unit of the Home Office.

17. In all cases where it is proposed to serve a summons outside the UK, the advice of Legal Adviser's Office must be sought.

18. If a summons is served on a defendant (or a person required to attend as a witness) outside the United Kingdom, a notice must accompany the process giving specific information as is required by Part 49 of the Criminal Procedure Rules 2015.

19. Part 49 requires an explanation of where the party can obtain information from (ie. HSE) about their rights in connection with the current proceedings. For example, this will be the right to have a solicitor present at the hearing. This does not mean providing any advice on the case, but simply explaining that it is a case brought in the English or Welsh criminal courts, that they have the right to attend and be represented at the hearing, and that the case may still go ahead even if they choose not to attend.

20. The information to be included in the notice is the relevant address of the HSE office dealing with the case, together with telephone & fax numbers and e-mail address. There should also be the name of the person at HSE who can provide the information about the summonsed party's rights (the investigating inspector in the specific case), together with their telephone & fax numbers and e-mail address.

21. All of that information should be translated into the language of the party and, together with a translated copy of the summons and information, be sent to the relevant Magistrates' Court justices' clerk or Crown Court officer.

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Admissibility of evidence from abroad

22. If voluntary statements made by witnesses abroad are obtained by a letter of request in accordance with the Crime (International Co-operation) Act 2003 s.7, they can be relied on at committal.3 A statement taken abroad should not include the perjury declaration4, as this is unenforceable abroad and may have the effect of calling the voluntary character of the statement into question.

23. If a statement is taken abroad otherwise than in accordance with the s.7 procedure, it is unlikely to be admissible for purposes of committal, except in unusual cases, for example where a statement is taken on UK consular premises abroad in the same form as if it were taken in this country.

24. A statement taken abroad is subject to the same provisions as a statement taken in this country in respect of:

  • its admissibility at trial; and/or
  • the obligation to bring the witness to court to give evidence in person, if so required by a defendant.

25. A statement taken by investigators from another jurisdiction maybe in a different format to one taken under domestic legislation. LAO should always be consulted if there is a doubt as to whether material obtained from abroad can be used as evidence.

26. While a court can issue a summons to a witness overseas, there is no provision to enable this to be enforced5.

27. Statements and documents may be admitted in evidence in criminal proceedings if they meet the conditions set out in the Criminal Justice Act 2003 ("CJA") sections 116 and 117, which are qualified by s.126. Where, at the committal stage, a prosecutor considers that a statement on which s/he relies is likely to be admissible at trial only if he can invoke s.116 or s.117, s/he must notify the court and the other parties to this effect6.

28. A statement will be admissible if:

  • the person who made it is outside the United Kingdom and it is not reasonably practicable to secure his/her attendance at trial (s.116(2)(c) CJA); and
  • the statement, if taken abroad, has been obtained in accordance with the Crime (International Co-operation) Act 2003. 7

29. All reasonable steps to secure a witness's attendance, having regard to the means and resources available to the parties, must have been taken before sections 116 and 117 CJA can be relied on.8 Therefore, foreign witnesses should be regarded in the same manner as those within the jurisdiction in terms of the obligation to bring them before a court, if required. Every attempt must be made to encourage witnesses to attend as otherwise the court may not allow the prosecution to rely on their written statements.

30. Section 126 CJA 2003 gives a trial judge or bench an overriding discretion not to admit a statement or document admissible under sections 116 and 117 if the court is satisfied that the case for excluding the statement substantially outweighs the case for admitting it, taking into account the value of the evidence. Section 126 does not prevent the Court from excluding a statement if it is of the opinion that it ought not to be admitted in the interests of justice. In considering the interests of justice, the court would usually consider a number of factors, such as:

  • possible unfairness to the accused (this may, for example, include whether it was possible to challenge a statement made by questioning the witness who made it, and whether, if proceedings have already been instituted, the local court allowed the parties to the proceedings to be legally represented when the evidence was taken); and
  • the likely authenticity of documents.

31. Section 117 of the Criminal Justice Act 2003 provides that statements in a document will be admissible in evidence of any fact on which oral evidence would be admissible, if certain conditions are fulfilled. Principally, the document must have been created or received in the course of a business trade or profession or the holding of a paid or unpaid office, and the information contained in it supplied by a person who had or may reasonably be supposed to have had personal knowledge of the matters dealt with. Such documents, when obtained abroad, will only be admissible at committal if obtained pursuant to a letter of request9, and will otherwise be excluded.

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Attendance of defendants

32. Extradition is the process by which one jurisdiction will seek to have delivered to it a person found within another jurisdiction. It is only available for the prosecution of individuals, and is restricted to offences carrying a penalty of imprisonment of at least one year. Therefore it is available for manslaughter, but not for most of the most frequently encountered offences under HSWA.

33. Extradition is normally invoked only in the most serious cases. If you are of the opinion that it should be pursued, you should contact Legal Adviser's Office immediately. Where an overseas defendant, individual or corporation, fails to answer a summons forwarded under a letter of request, proceeding in his/her/its absence will seldom be possible. In such circumstances, there is no explicit provision for dealing with mode of trial in respect of offences triable either way, which include the majority of health and safety offences.

Scotland and Northern Ireland

34. Service of a summons requiring a person charged with an offence to appear before a court in England and Wales may, in such manner as may be prescribed by rules of court, be served on him/her in Scotland or Northern Ireland10.

35. For guidance on serving a summons on a defendant in Scotland or Northern Ireland, see The summons[167]. Should a corporate defendant then fail to appear, the prosecution can proceed in their absence as with a defendant company based within England and Wales.

Requests from abroad for mutual legal assistance in criminal cases

36. On occasion, HSE may receive a request for assistance from an overseas judge or prosecutor in connection with a criminal investigation or prosecution being conducted by them. This could, for example, be a request to: seek information from witnesses; undertake enquiries; take statements; gather evidence; or obtain certified copies of records of convictions and sentences imposed. You should contact LAO for advice on how to handle any such request.

37. These requests are governed by various international treaty arrangements made by the United Kingdom. Some of these treaties are multilateral ones11 while others are bilateral12.

38. Requests should not be treated as requests for information under section 1(1) of the Freedom of Information Act 2000.

Footnotes

  1. Companies Act 1985 s.690A &the Overseas Companies Regulations 2009.
  2. S.I. 2004 No.1048. For the Crown Court, see the Crown Court (Amendment) Rules 2004 (S.I. 2004 No.1047) and see Part 32 Criminal Procedure Rules 2013. Back
  3. Magistrates' Courts Act 1980 s.5E. Back
  4. Magistrates' Courts Act 1980 s.5B(2)(b) that the maker knows that he would be liable to prosecution if he states anything that he knows to be false or that he does not believe to be true. Back
  5. Crime (International Co-operation) Act 2003, s.3(5) & (6). Back
  6. Magistrates' Courts Act 1980 s.5D. This section and other relevant sections in Part II of this Act are to be repealed by the CJA 2003, but at the time of writing, the provision which repeals section 5D had not yet commenced. Accordingly, it is considered that the section 5D procedure should be followed until it is repealed, and the references to ss23 and 24 of the 1998 Act should be read as a reference to ss116 and 117 of the 2003 Act respectively (s17 Interpretation Act 1978). Back
  7. Crime (International Co-operation) Act 2003, s.7. Back
  8. R v Maloney [1994] Crim LR 525 (dealing with the former ss 23 and 24 of the CJA 1998). Back
  9. Magistrates' Courts Act 1980 s.5E (this section will continue until repealed – see footnote 8 above). Back
  10. Section 39(1) Criminal Law Act 1977 and Part 4 Criminal Procedure Rules 2013. Back
  11. Such as the 1959 European Convention on Legal Assistance in Criminal Matters & Additional Protocol of 1978; the European Union Convention on Mutual Legal Assistance in Criminal Matters between the Member States of the European Union and its 2001 Protocol; or the Scheme Relating to Mutual Assistance in Criminal Matters within the Commonwealth – 'the of the European Union and its 2001 Protocol; or the Scheme Relating to Mutual Assistance in Criminal Matters within the Commonwealth – 'the Harare Scheme'. Back
  12. Such as the one made by the United Kingdom with the USA. Back

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  5. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-intro.htm
  6. Order of collecting evidencehttps://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-order.htm
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  8. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-questioning.htm
  9. Admissibility of confessionshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-admissibility.htm
  10. Inferences from silencehttps://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-inferences.htm
  11. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/physical-intro.htm
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  14. Preparing evidence for courthttps://www.hse.gov.uk/enforce/enforcementguide/investigation/physical-preparing.htm
  15. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/expert-intro.htm
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  17. Site visitshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/expert-sitevisits.htm
  18. The reporthttps://www.hse.gov.uk/enforce/enforcementguide/investigation/expert-report.htm
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  22. Specific categories of workershttps://www.hse.gov.uk/enforce/enforcementguide/investigation/status-specific.htm
  23. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-intro.htm
  24. Partnershipshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-partner.htm
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  27. Limited liability partnershipshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-liability.htm
  28. Other defendantshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-defendants.htm
  29. Prosecution of foreign defendantshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-foreign.htm
  30. Insolvencyhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-insolvency.htm
  31. Prosecution of individualshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-individual.htm
  32. Proceeding against employees HSWA s7https://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-employees.htm
  33. Proceeding against Crown employeeshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-crown.htm
  34. Proceedings against director, manager, secretary or other similar officerhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-directors.htm
  35. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-intro.htm
  36. The prosecution reporthttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-report.htm
  37. Approval of a proposed prosecutionhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-approval.htm
  38. Evidential stagehttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-evidential.htm
  39. Public interest stagehttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-public.htm
  40. Selection of charges and mode of trialhttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-charges.htm
  41. Cautionshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-cautions.htm
  42. Enforcement against Crown bodieshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm
  43. Recording reasonshttps://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-recording.htm
  44. Pre-trialhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/index.htm
  45. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/preparing-intro.htm
  46. Drafting informationshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/preparing-drafting.htm
  47. Legal referenceshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/preparing-legal.htm
  48. Sample informationshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/preparing-informations.htm
  49. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-intro.htm
  50. Criminal procedure ruleshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-criminal.htm
  51. Jurisdictionhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-jurisdiction.htm
  52. Informationshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-information.htm
  53. Summonshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-summons.htm
  54. Initial details of the prosecution casehttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-advance.htm
  55. Information to assist the sentencing courthttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-sentencing.htm
  56. Preparation for guilty plea in the magistrates courthttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-preparation.htm
  57. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/witness-intro.htm
  58. Written statementshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/witness-written.htm
  59. Supplying statements to witnesseshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/witness-witness.htm
  60. Supplying statements to the defencehttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/witness-defence.htm
  61. Attendance of witnesseshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/witness-attendance.htm
  62. Formal admissionshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/witness-formal.htm
  63. Production of documentshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/witness-production.htm
  64. Defendant's antecedentshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/witness-defendant.htm
  65. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/after-intro.htm
  66. Key requirements of the CPIAhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/after-key.htm
  67. Investigations and relevant materialhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/after-investigations.htm
  68. Disclosure stageshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/after-disclosure.htm
  69. Preparing the scheduleshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/after-preparing.htm
  70. Approach to common categories of materialhttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/after-approach.htm
  71. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/index.htm
  72. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-intro.htm
  73. General principleshttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-principles.htm
  74. Publicityhttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-publicising.htm
  75. Information which may be disclosedhttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-information.htm
  76. Sensitive caseshttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-sensitive.htm
  77. Reporting committal proceedingshttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-committal.htm
  78. Contempt of courthttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-contempt.htm
  79. Reporting and Publicity - Abuse of process at common lawhttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-abuse.htm
  80. European Convention on Human Rights (ECHR) considerationshttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-echr.htm
  81. Reporting the trialhttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-trial.htm
  82. Defamation: libel and slanderhttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-defamation.htm
  83. Breach of confidencehttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-breach.htm
  84. Data protectionhttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-data.htm
  85. Reporting and publicity - Freedom of informationhttps://www.hse.gov.uk/enforce/enforcementguide/court/reporting-foi.htm
  86. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-intro.htm
  87. Court procedurehttps://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-courtprocedure.htm
  88. Plea before venue and allocationhttps://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-mode.htm
  89. Discontinuing a prosecutionhttps://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-discontinue.htm
  90. The hearinghttps://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-hearing.htm
  91. Objections and adjournmentshttps://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-objections.htm
  92. Contested cases - not guilty pleashttps://www.hse.gov.uk/enforce/enforcementguide/court/magistrates-contested.htm
  93. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/rules-intro.htm
  94. Trial processhttps://www.hse.gov.uk/enforce/enforcementguide/court/rules-trial.htm
  95. Proving the offencehttps://www.hse.gov.uk/enforce/enforcementguide/court/rules-prove.htm
  96. Key rules of evidencehttps://www.hse.gov.uk/enforce/enforcementguide/court/rules-key.htm
  97. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/oral-intro.htm
  98. Witnesses giving evidence in courthttps://www.hse.gov.uk/enforce/enforcementguide/court/oral-witnesses.htm
  99. Exclusion of evidence in courthttps://www.hse.gov.uk/enforce/enforcementguide/court/oral-exclusion.htm
  100. Use of inadmissible confessionshttps://www.hse.gov.uk/enforce/enforcementguide/court/oral-confessions.htm
  101. Physical evidencehttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-intro.htm
  102. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-intro.htm
  103. Exhibiting evidencehttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-exhibiting.htm
  104. Public documentshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-public.htm
  105. Proof of convictionshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-proof.htm
  106. Sound and videotape recordingshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-sound.htm
  107. Photographs, sketches and modelshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-photos.htm
  108. Maps and planshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-maps.htm
  109. Real evidence (material objects)https://www.hse.gov.uk/enforce/enforcementguide/court/physical-real.htm
  110. Computer evidencehttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-computer.htm
  111. Expert reportshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-expert.htm
  112. Depositionshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-depositions.htm
  113. Written witness statementshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-written.htm
  114. Records required by statutory provisionshttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-statutory.htm
  115. Continuityhttps://www.hse.gov.uk/enforce/enforcementguide/court/physical-continuity.htm
  116. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/hearsay-intro.htm
  117. Rule against hearsayhttps://www.hse.gov.uk/enforce/enforcementguide/court/hearsay-rule.htm
  118. Exceptions to the hearsay rulehttps://www.hse.gov.uk/enforce/enforcementguide/court/hearsay-exceptions.htm
  119. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-intro.htm
  120. What is abuse of process?https://www.hse.gov.uk/enforce/enforcementguide/court/abuse-abuseprocess.htm
  121. Delayhttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-delay.htm
  122. Double jeopardyhttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-double.htm
  123. Breach of promisehttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-breach.htm
  124. Loss of evidence / failure to disclose unused materialhttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-loss.htm
  125. Investigative improprietyhttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-investigative.htm
  126. Pre-trial publicityhttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-pretrial.htm
  127. In magistrates' courthttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-abusemagistrates.htm
  128. Abuse of process in the Crown Courthttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-abusecrown.htm
  129. What to do if abuse is claimedhttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-abuseclaimed.htm
  130. Recording decisionshttps://www.hse.gov.uk/enforce/enforcementguide/court/abuse-decisions.htm
  131. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-intro.htm
  132. Preparing for sentencing hearingshttps://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-preparing.htm
  133. The sentencing hearing and imposing the sentence https://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-hearing.htm
  134. Penaltieshttps://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-penalties.htm
  135. Costshttps://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-costs.htm
  136. Model exampleshttps://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-examples.htm
  137. Crown courthttps://www.hse.gov.uk/enforce/enforcementguide/court/crown-intro.htm
  138. Allocation Procedurehttps://www.hse.gov.uk/enforce/enforcementguide/court/crown-committal.htm
  139. At the Crown Courthttps://www.hse.gov.uk/enforce/enforcementguide/court/crown-court.htm
  140. Committal for sentencehttps://www.hse.gov.uk/enforce/enforcementguide/court/crown-sentence.htm
  141. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/court/appeals-intro.htm
  142. Prosecution rights of appealhttps://www.hse.gov.uk/enforce/enforcementguide/court/appeals-prosecution.htm
  143. Defence rights of appealhttps://www.hse.gov.uk/enforce/enforcementguide/court/appeals-defence.htm
  144. Rights of appeal for both partieshttps://www.hse.gov.uk/enforce/enforcementguide/court/appeals-both.htm
  145. Appeals to European courtshttps://www.hse.gov.uk/enforce/enforcementguide/court/appeals-european.htm
  146. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/notices/index.htm
  147. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/notices/notices-intro.htm
  148. Conditions for a valid noticehttps://www.hse.gov.uk/enforce/enforcementguide/notices/notices-conditions.htm
  149. Types of noticehttps://www.hse.gov.uk/enforce/enforcementguide/notices/notices-types.htm
  150. Drafting noticeshttps://www.hse.gov.uk/enforce/enforcementguide/notices/notices-drafting.htm
  151. Service of noticeshttps://www.hse.gov.uk/enforce/enforcementguide/notices/notices-service.htm
  152. Failure to complyhttps://www.hse.gov.uk/enforce/enforcementguide/notices/notices-failure.htm
  153. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/notices/tribunals-intro.htm
  154. Employment tribunals - Jurisdiction of the tribunalhttps://www.hse.gov.uk/enforce/enforcementguide/notices/tribunals-jurisdiction.htm
  155. Notice of appealhttps://www.hse.gov.uk/enforce/enforcementguide/notices/tribunals-appeal.htm
  156. Preparation for the hearinghttps://www.hse.gov.uk/enforce/enforcementguide/notices/tribunals-preparation.htm
  157. Employment tribunal hearingshttps://www.hse.gov.uk/enforce/enforcementguide/notices/tribunals-employment.htm
  158. Tribunal decisionhttps://www.hse.gov.uk/enforce/enforcementguide/notices/tribunals-tribunal.htm
  159. Challenging tribunal decisionshttps://www.hse.gov.uk/enforce/enforcementguide/notices/tribunals-challenges.htm
  160. Overviewhttps://www.hse.gov.uk/enforce/enforcementguide/wrdeaths/index.htm
  161. Introduction to the work related deaths sectionhttps://www.hse.gov.uk/enforce/enforcementguide/wrdeaths/intro.htm
  162. Investigation of work related deathshttps://www.hse.gov.uk/enforce/enforcementguide/wrdeaths/investigation.htm
  163. Coroner Inquestshttps://www.hse.gov.uk/enforce/enforcementguide/wrdeaths/chronology.htm
  164. The coronerhttps://www.hse.gov.uk/enforce/enforcementguide/wrdeaths/coroner.htm
  165. Enforcement guide Site maphttps://www.hse.gov.uk/enforce/enforcementguide/sitemap.htm
  166. 1https://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-foreign.htm
  167. The summonshttps://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-summons.htm#P30_2927
  168. Register of convictions and noticeshttps://www.hse.gov.uk/enforce/convictions.htm
  169. Enforcement policy statementhttps://www.hse.gov.uk/enforce/enforcepolicy.htm
  170. Enforcement management modelhttps://www.hse.gov.uk/enforce/assets/docs/emm.pdf
  171. List of Specialist Regulatory Advocateshttps://www.hse.gov.uk/enforce/assets/docs/regulatory-advocates.pdf

Glossary of abbreviations/acronyms on this page

CPIA
Criminal Procedure and Investigations Act

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Updated 2022-05-10