§ Mr. Greville Jannerasked the Secretary of State for Employment whether he will advise the Health and Safety Executive that companies or persons to be charged with offences under the Health and Safety at Work Act, which have resulted in death or serious injury to employees or to third parties, should be tried on indicment.
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§ Mr. John GrantIt is for the commission to advise the executive, and I am informed by the chairmen of the commission that guidance has been given to the executive as to the criteria to be adopted in deciding whether a particular case should result in summary prosecution or prosecution on indictment. These criteria include:
- (a) the gravity of the offence;
- (b) the adequacy or otherwise of the powers of sentence of the summary court for this offence;
- (c) the record of the offender and his previous response to advice.
It would not be appropriate to regard the seriousness of injury as the deciding factor in this decision, as the injury may bear little relationship to the gravity of the legal contravention, if any, from which it has resulted, or the relative culpability of the offender.
I agree with the guidance that the commission has given to the executive.