Gary Slapper - Organisational Prosecutions

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ORGANISATIONAL PROSECUTIONS

To Suzanne, Hannah, Emily and Charlotte

Organisational Prosecutions

Gary Slapper
The Open University

First published 2001 by Ashgate Publishing and Dartmouth Publishing Company

Reissued 2018 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Gary Slapper 2001

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Publisher's Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer
The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record exists under LC control number: 2001091687

ISBN 13: 978-1-138-73250-6 (hbk)
ISBN 13: 978-1-315-18843-0 (ebk)

Contents

Guide

Accessories and Abettors Act 1861

Accommodation Agencies Act 1953

Alcohol Liquor Duties Act 1979

Animal By-products Order 1992

Animal Health Act 1981

Bail Act 1976

Beef Bones Regulations 1997

British Waterways Board Bye-laws 1976 made pursuant by British Transport

Business Names Act 1985

Clean Air Act 1993

Commission Act 1954

Community Drivers' Hours and Recording Equipment (Exemption: and Supplementary Provisions) Regulation 1986 (SI 1986 1456)

Companies Act 1985 (1989)

Construction (Health, Safety and Welfare) Regulations 1996

Consumer Protection Act 1987

Control of Pollution Act 1974

Copyright Designs and Patents Act 1988

Council Regulation (EEC) No 3821/ 85 on Recording Equipment in Road Transport

Criminal Justice Act 1988, 1991

Criminal Law Act 1982

Customs and Excise Management Act 1979

Data Protection Act 1984

Education Act 1996

Employers Liability (Compulsory Insurance) Act 1968

Environment Protection Act 1990

European Communities Act 1972

Excise Duties (Personal Reliefs) Order 1992 SI No 3155

Fireworks (Safety) Regulations 1997

Food Labelling Regulations 1996

Food Safety Act 1990

Food Safety Regulations (General Food Hygiene) 1995

Forgery and Counterfeiting Act 1981

Gas Safety (Installation and Use) Regulations 1994 (SI No 1886)

Goods Vehicles (Licensing of Operators) Act 1995

Greater London (Restriction of Goods Vehicles) Traffic Order 1985

Health and Safety at Work Act etc 1974

Highways Act 1980

Insolvency Act 1986

Jobseekers Act 1995

Local Government (Misc. Provisions) Act 1976

London Cab Order 1934

London Hackney Carriages Act 1843

London Local Authorities Act 1990 (as amended 1994), 1995

Medicines Act 1968

Medicines tor Human Use (Marketing, Authorisation Etc) Regulations 1994

Metropolitan Public Carriage Act 1869

Misuse of Drugs Act 1971

Police Act 1996

Protection of Animals Act 1987

Public Order Act 1986

Public Passengers Vehicle Act 1981

Public Service Vehicles (Condition of Fitness, Equipment, Use and Certification) Regulation 1981

Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 SI No 1020

Refuse Disposal (Amenity) Act 1978

Registered Homes Act 1984

Regulations for Enforcement Order at Cab Standing in Metropolitan Police District (made under London Hackney Carriages Act 1850 s4)

Road Traffic Offenders Act 1988

Road Traffic Regulation Act 1984

Road Vehicles (Construction and Use) Regulations 1986

Road Vehicles (Registration and Licensing) Regulations 1971

Salmon and Freshwater Fisheries Act 1995

Social Security Administration Act 1992

Social Security Administration (Fraud) Act 1997

(Taxes) (And) (Social Security) Acts (and regulations made thereunder)

The Marketing Authorisations for Veterinary Medicinal Products Regulations 1994

Theft Act 1968

Tobacco Products Duty Act 1979

Town and Country Planning Act 1990

Town and Country Planning (Control of Advertisements) Regulations 1992

Town Police Clauses Act 1847

Toys (Safety) Regulations 1995

Trade Descriptions Act 1968

Trade Marks Act 1994

Transport Act 1968

Vehicle Excise Act 1971

Vehicle Excise and Registration Act 1994

Video Recording Act 1984

Wireless and Telegraph Act 1949

I am deeply indebted to Suzanne, Hannah, Emily and Charlotte for their patience and understanding while I was writing, and to David and Julie Whight and Doreen and Ivor Slapper for bearing burdens beyond the normal call of grandparenthood, I would like to thank OUBS Research Associate Marilyn Lannigan for her excellent work in collecting and classifying the empirical data from the Magistrates' Courts at Newcastle-under-Lyme, Milton Keynes and Horseferry Road in London, The work she conducted in the Law Library was also magnificent. The project enjoyed a great benefit through her tireless professionalism, punctiliousness and patience. I would like to acknowledge the excellent statistical and analytical work of Claire Simpson without whose observant eye and technical know-how this research would have been greatly weakened.

Thanks are also due to the Open University Business School Research Committee for supporting this research, and to the Magistrates' Courts and Justices Clerks at the courthouses for their kind permission to examine the Court Registers. I am very grateful for the kind cooperation of Mrs G. Houghton-Jones, Justices' Clerk at Horseferry Road Magistrates' Court, to Mrs Susan Lutter, Clerk to the Justices at Milton Keynes Magistrates' Court, and to Mr M.R Benson, Clerk to the Justices in the North Staffordshire Magistrates' Courts. I would also like to thank all the Justices' Clerks who took the time to answer the questionnaire (presented in ) and to contribute some very helpful observations.

The focus of this text is an area of activity with neither a name nor a social recognition that it exists as such. After much reading, deliberation and discussion with officials within the court structure, lawyers and legal academics, I settled on the title of Organisational Prosecutions because it was the form of words which came closest to the precise subject of the book without having to use 20 words, a colon and several commas. The theme is the activity of the multifarious agencies, local and central governmental departments, private companies, and organisations which act as prosecutors in that branch of the criminal justice system which deals with 95 per cent of all offences, the magistrates' courts.

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