Health And Safety (Offences) Act 2008
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Health And Safety (Offences) Act 2008
The Health and Safety (Offences) Act 2008 (c 20) is an Act of the Parliament of the United Kingdom. Its purpose was to change the "mode of trial" (i.e. whether summarily or on indictment) and maximum penalty available for certain offences against health and safety legislation. It was passed on 16 October 2008. Background In England and Wales, health and safety offences fall under the Health and Safety at Work etc. Act 1974 and the Health and Safety (Offences) Act 2008.Wilkins Safety GroupMagistrates’ courts new powers to issue unlimited fines for health and safety offences accessed 12 June 2021 According to the explanatory notes to the 2008 Act, its precursors were: *A joint review of the maximum penalties for health and safety offences carried out between February and September 1999 by the Home Office, the Department of the Environment, Transport and the Regions, and the Health and Safety Executive; *The 2005 report ''Reducing administrative burdens: effective inspection a ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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Health And Safety At Work (Northern Ireland) Order 1978
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organization''– ''Basic Documents'', Forty-fifth edition, Supplement, October 2006. A variety of definitions have been used for different purposes over time. Health can be promoted by encouraging healthful activities, such as regular physical exercise and adequate sleep, and by reducing or avoiding unhealthful activities or situations, such as smoking or excessive stress. Some factors affecting health are due to individual choices, such as whether to engage in a high-risk behavior, while others are due to structural causes, such as whether the society is arranged in a way that makes it easier or harder for people to get necessary healthcare services. Still, other factors are beyond both individual and group choices, such as genetic disorders. ...
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Bevan Brittan
Bevan Brittan is a UK Top-100 law firm that provides legal and advisory services to 1,600 businesses and organisations across a number of markets. While the firm formally became Bevan Brittan in 2004, its roots can be traced back to the early 1800s. It operates from four offices across the UK, employing more than 500 people. The firm’s revenue exceeded £60 million for the first time in 2021/22, its ninth consecutive year of growth. It was ranked 70th in The Lawyer UK 200 in 2022, which is based on firm wide revenue, and recognised in The Times Best Law Firms 2023. Bevan Brittan provides a wide range of legal advice from commercial, corporate and property to employment and litigation. It supports markets including construction, energy & resource management, higher education, financial services, central and local government, housing and health and social care. The firm has also been appointed to frameworks to support central government departments, local authorities and NH ...
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Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' courts. It is one of three Senior Courts of England and Wales. The Crown Court sits in around 92 List of Crown Court venues in England and Wales, locations in England and Wales. The administration of the Crown Court is conducted by the Her Majesty's Courts and Tribunals Service, Courts and Tribunals Service (HMCTS). Previously conducted across six circuits (Midlands, Midland, Northern Circuit, Northern, North East England, North Eastern, South Eastern Circuit, South Eastern, Wales & Chester and Western Circuit, Western), HMCTS is now divided into seven regions; Midlands, North East, North West, South East, South West, London, and Wales. The Wales region was identified separately, having regard to the devolved legislative powers of the Welsh Go ...
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Deterrence (penology)
Deterrence in relation to criminal offending is the idea or theory that the threat of punishment will deter people from committing crime and reduce the probability and/or level of offending in society. It is one of five objectives that punishment is thought to achieve; the other four objectives are denunciation, incapacitation (for the protection of society), retribution and rehabilitation. Criminal deterrence theory has two possible applications: the first is that punishments imposed on individual offenders will deter or prevent that particular offender from committing further crimes; the second is that public knowledge that certain offences will be punished has a generalised deterrent effect which prevents others from committing crimes. Two different aspects of punishment may have an impact on deterrence, the first being the ''certainty of punishment'', by increasing the likelihood of apprehension and punishment, this may have a deterrent effect. The second relates to the ''se ...
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Magistrates' Court (England And Wales)
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980. All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. Indictable only offences, on the other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that there is a case to answer, they are committed to the Crown Court, which has a mu ...
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Legal Aid, Sentencing And Punishment Of Offenders Act 2012
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is a statute of the Parliament of the United Kingdom enacted by the coalition government of 2010-2015, creating reforms to the justice system. The bill for the act was introduced in the House of Commons on 21 June 2011, and received Royal Assent on 1 May 2012. Measures Among other measures, the Act: * Gives courts greater discretion to issue conditional discharges for young persons pleading guilty to a first offence *The objectives of the Act included making significant savings in the cost of the scheme, discouraging unnecessary and adversarial litigation at public expense, and targeting legal aid to those who need it the most. * Creates a "single remand framework" for the use of secure remand for children and young people; transfers the cost of remand arrangements to local authorities; creates new conditions that must be met before a child or young person is remanded into custody * Expands Youth Rehabi ...
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Retrospective
A retrospective (from Latin ''retrospectare'', "look back"), generally, is a look back at events that took place, or works that were produced, in the past. As a noun, ''retrospective'' has specific meanings in medicine, software development, popular culture and the arts. It is applied as an adjective, synonymous with the term '' retroactive'', to laws, standards, and awards. Medicine A medical retrospective is an examination of a patient's medical history and lifestyle. Arts and popular culture A retrospective exhibition presents works from an extended period of an artist's activity. Similarly, a retrospective compilation album is assembled from a recording artist's past material, usually their greatest hits. A television or newsstand special about an actor, politician, or other celebrity will present a retrospective of the subject's career highlights. A leading (usually elderly) academic may be honored with a Festschrift, an honorary book of articles or a lecture series relating ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents," Acts of the Scottish Parliament and instruments made thereunder (added 1998), and Measures and Acts of the National Assembly for Wales and instruments made thereunder. The Act makes provision in relation to: the construction of certain words and phrases, words of enactment, amendment or repeal of Acts in the Session they were passed, judicial notice, commencement, statutory powers and duties, the effect of repeals, and duplicated offences. The Act repealed the whole of the Interpretation Act 1889, except for sections 13(4) and 13(5) and 13(14) in their application to Northern Ireland. The Interpretation Act (Northern Ireland) 1954 applies in the same way to Acts of the Par ...
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Calendar Month
A calendar is a system of organizing days. This is done by giving names to periods of time, typically days, weeks, months and years. A date is the designation of a single and specific day within such a system. A calendar is also a physical record (often paper) of such a system. A calendar can also mean a list of planned events, such as a court calendar or a partly or fully chronological list of documents, such as a calendar of wills. Periods in a calendar (such as years and months) are usually, though not necessarily, synchronized with the cycle of the sun or the moon. The most common type of pre-modern calendar was the lunisolar calendar, a lunar calendar that occasionally adds one intercalary month to remain synchronized with the solar year over the long term. Etymology The term ''calendar'' is taken from , the term for the first day of the month in the Roman calendar, related to the verb 'to call out', referring to the "calling" of the new moon when it was first se ...
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Health And Safety Executive
The Health and Safety Executive (HSE) is a UK government agency responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks in Great Britain. It is a non-departmental public body of the United Kingdom with its headquarters in Bootle, England. In Northern Ireland, these duties lie with the Health and Safety Executive for Northern Ireland. The HSE was created by the Health and Safety at Work etc. Act 1974, and has since absorbed earlier regulatory bodies such as the Factory Inspectorate and the Railway Inspectorate though the Railway Inspectorate was transferred to the Office of Rail and Road in April 2006. The HSE is sponsored by the Department for Work and Pensions. As part of its work, HSE investigates industrial accidents, small and large, including major incidents such as the explosion and fire at Buncefield in 2005. Though it formerly reported to the Health and Safety Commission, on 1 April ...
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