This Mock Trial will educate attendees on the offence of Gross Negligence Manslaughter – most serious health and safety offence an individual can commit – which attracts the most severe penalties.
Attendees will gain insight into the legal requirements that differentiate gross negligence manslaughter and the factors necessary to warrant such a charge, rather than more common health and safety offences.
Differences between civil and regulatory legal proceedings.
The factors that can lead to criminal regulatory enforcement action.
The weight and admissibility of evidence and how detailed documentary records and evidence can influence the Court.
The importance of following existing policies and procedures, whilst recording any action that is taken.
A basic explanation of the operation of the Health and Safety Sentencing Guidelines and the consequences of potential action against a business or a Director/Manager.
An understanding of what constitutes a breach of duty and how the law operates in this area.
An understanding of the importance of a witness’s performance credibility at trial and an insight into the pressures a witness experiences while giving evidence at before a court
An appreciation of the importance of documentary records and how they can influence the Court.
Enhanced knowledge of how to avoid or defend regulatory action which may arise from health and safety incidents.
By observing the trial process you'll gain:
An understanding of what constitutes a breach of duty and how the law operates in this area
An appreciation of the weight and admissibility of evidence
An appreciation of the importance of detailed documentary records and how they can influence the court
An understanding of the importance of a witness's performance and credibility at trial and an insight into the pressures a witness experiences whilst giving evidence at before a court
Insight into the reasons why existing policies and procedure need to be applied and followed
In the context of health and safety governance, Gross Negligence Manslaughter is the most serious offence that can be committed by an individual and attracts the most severe penalties.
The session will cover the legal duties individuals must comply with, analyse how failures and breaches can be said to constitute Gross Negligence and examine the range of sentences available to the courts in the event of a guilty verdict.
This course is suitable for directors, senior leaders and managers or colleagues who focus on health and safety, insurance and claims or have the responsibilities of creating or implementing health and safety management strategy and carrying out accident investigations.
For further information please contact: jason.burt@wtwco.com
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