Advice & Assistance
Researh & Briefings
Deaths, Inquests & Prosecutions
Corporate  Crime & safety Database
Safety Statistics
Obtaining Safety Information
CCA Responses to Consultation Documents
CCA Advocacy
CCA Press Releases
CCA Publications
Support the CCA
Search the CCA site
Contact Us
Quick Links ->
The Prosecution of Directors - health and safety offences
Main Director Page
Home Page

Prosecuting Directors for Health and safety offences

Directors can be prosecuted for health and safety offences through section 37(1) of the Health and Safety at Work Act 1974

This states:


"Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly."

In summary:

- it is first necessasry that an offence has been committed by the company
- Once this is proven it is then possible to prosecute a 'director, manager, secretary or other similiar officer' of the company
- In order to do so it is necessary to prove that this person either 'consented' or' connived' in the offence by the company or that the offence by the company was the 'attributable to' any neglect on the part of that person

Who can be prosecuted? - meaning of 'manager ... or other similiar officer'
Meaning of consent and connivance
Meaning of 'any neglect'
Is there reverse burden of proof



Home -> Research & Briefings -> Director Duties
Page last updated on May 2, 2007