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Criminal law is concerned with offences or crimes against the state, whilst
Civil law is concerned with the rights and duties of individuals towards each
other.
Another area of difference is the court structure where the case is dealt with, whereby:
Most criminal cases start in a Magistrates Court where minor cases are dealt
with and more serious cases referred to the Crown Court, whilst
Minor civil cases are heard in the County Court (depending on the value of the
claim), while the more serious cases are dealt with in the High Court.
A civil case must be proved on the balance of probabilities, which is a lower standard of
proof. Compensation is usually awarded in civil cases, whereas penalties are usually
imposed in criminal cases.
The Legal Framework for Regulating Health & Safety
The ultimate purpose of the enforcing authorities is to ensure that duty holders manage
and control risks effectively, thus preventing harm.
The term enforcement has a wide meaning and applies to all dealings between
enforcing authorities and those on whom the law places duties (employers, the self-
employed, employees and others).
The HSC believes in firm but fair enforcement of health and safety law. This should be
informed by the principles of proportionality in applying the law and securing
compliance; consistency of approach; targeting of enforcement action; transparency
about how the regulator operates and what those regulated may expect; and
accountability for the regulators actions. These principles should apply both to
enforcement in particular cases and to the health and safety enforcing authorities
management of enforcement activities as a whole.
Proportionality: Proportionality means relating enforcement action to the risks. Those
whom the law protects and those on whom it places duties (duty holders) expect that
action taken by enforcing authorities to achieve compliance or bring duty holders to
account for non-compliance should be proportionate to any risks to health and safety,
or to the seriousness of any breach, which includes any actual or potential harm arising
from a breach of the law.
Targeting: Targeting means making sure that contacts are targeted primarily on those
whose activities give rise to the most serious risks or where the hazards are least well
controlled; and that action is focused on the duty holders who are responsible for the
risk and who are best placed to control it - whether employers, manufacturers,
suppliers, or others.
Consistency: Consistency of approach does not mean uniformity. It means taking a
similar approach in similar circumstances to achieve similar ends.
