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:
- establish if one or more of the offences are recordable.
- where an offence is recordable, contact the PNC Bureau of the relevant police force.
- Complete form NPA01 and return to the PNC Bureau
- Obtain and record an Arrest Summons Number (ASN)
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 |