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Topic Title: Prosecution for creating an electric shock
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Created On: 01 May 2013 08:18 PM
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 01 May 2013 08:18 PM
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adammid

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Joined: 02 November 2010

Can anyone help with which regulation would you be prosecuted under if you created a situation that gave rise to an electric shock?
 01 May 2013 08:37 PM
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rocknroll

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For domestic the lead agency would be the LA Environmental Health or in the case of an appliance Trading Standards.

For non-domestic the lead agency would be the HSE.

The final decision on which regulation or act has been breached rests with the CPS.

regards

-------------------------
"Take nothing but a picture,
leave nothing but footprints!"
-------------------------
"Oh! The drama of it all."
-------------------------
"You can throw all the philosophy you like at the problem, but at the end of the day it's just basic electrical theory!"
-------------------------
 01 May 2013 09:53 PM
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John Peckham

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Joined: 23 April 2005

Adammid


Hopefully you are not asking this question in preparation of committing a crime? Because if you are and you kill someone you will be charged with murder. There is no actual statute (written law) for murder it is a common law offence and you will be charged with the offence contrary to the Queens peace. If you do not intend to kill someone but do then you may be charged with manslaughter a statutory offence.

If you act recklessly or negligently and cause some one to receive an electric shock you may be charged under a number of offences under the Heath and Safety at Work Act 1974 or secondary regulations made under that act such as the Electricity at Work regulations.
As RnR says above you may also be prosecuted under consumer protection legislation for a variety of offences.

Not all decisions to prosecute are made by the CPS. Other organisations can also commence prosecutions even individuals. At one time I was the prosecuting authority for offences against the Post Office in the London area.

-------------------------
John Peckham

http://www.astutetechnicalservices.co.uk/

Edited: 01 May 2013 at 10:10 PM by John Peckham
 01 May 2013 10:45 PM
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slittle

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It wouldn't be a regulation because BS7671 isn't statue but I suspect depending on the circumstances the EAW or the HASAWA would be levelled against you by the prosecuting authorities.


Stu
 02 May 2013 05:47 PM
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sparkingchip

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Anyone noticed that the useless and not fit for anything Building Regulations part P have not been mentioned?

Andy
 02 May 2013 11:24 PM
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sparkingchip

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It has been the case that a person died due to electrocution and no prosecution was brought despite it being due to negligence as it was not in the kitchen, bathroom or outdoors, the areas of a dwelling covered by part P at that time.

Andy
 03 May 2013 04:29 AM
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ebee

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All areas of a dwelling are covered by Part P.

-------------------------
Regards,
Ebee (M I S P N)

Knotted cables cause Lumpy Lektrik
 03 May 2013 09:43 AM
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AJJewsbury

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Can anyone help with which regulation would you be prosecuted under if you created a situation that gave rise to an electric shock?

A lot would depend on the situation & intent. I doubt anyone would be prosecuted for installing an electric fence around their field for example, even though it would clearly cause an electric shock.
- Andy.
 03 May 2013 10:00 AM
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sparkingchip

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 03 May 2013 10:11 AM
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rocknroll

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Not quite sure what your up to here, there is no such thing as a Part P offence.

The Act is Regulation 7.

regards

-------------------------
"Take nothing but a picture,
leave nothing but footprints!"
-------------------------
"Oh! The drama of it all."
-------------------------
"You can throw all the philosophy you like at the problem, but at the end of the day it's just basic electrical theory!"
-------------------------
 03 May 2013 06:06 PM
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sparkingchip

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Electricity at Work Regulations 1989 and Section 2 (1) of the Health and Safety at Work etc Act 1974

However carry on and read the following:

Bristol News 1


Bristol News 2

HSE
 03 May 2013 06:20 PM
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rocknroll

Posts: 8887
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Still got nothing to do with Part P if you know what Part P is;

regards

-------------------------
"Take nothing but a picture,
leave nothing but footprints!"
-------------------------
"Oh! The drama of it all."
-------------------------
"You can throw all the philosophy you like at the problem, but at the end of the day it's just basic electrical theory!"
-------------------------
 03 May 2013 06:48 PM
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ebee

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Part P is part of the Building Regulations.

It covers the Electrics in domestic dwellings.

it is just one small part of those regulations

-------------------------
Regards,
Ebee (M I S P N)

Knotted cables cause Lumpy Lektrik
 03 May 2013 07:35 PM
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sparkingchip

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Have a look at the Switched On page four centre column.

There is two interesting takes on dealing with actual and perceived electrical dangers. A women is killed, no prosecution, some one carries out work perceived as being dangerous and they are prosecuted.
 06 May 2013 01:13 AM
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Phillron

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there is no specific offence
The general law of the land would be the only criteria

What a very strange post
 06 May 2013 05:16 PM
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sparkingchip

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Agreed, a strange post!

The question was asked "Can anyone help with which regulation would you be prosecuted under if you created a situation that gave rise to an electric shock?"

The answer is keep your mouth shut, admit nothing and you may not be prosecuted at all.

Andy
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