Introduction to Fire Safety Management

Standard of proof
Must be proved beyond reasonable doubt. 
Need only be proved on the balance of probability
However, for prosecutions under section 40 of 
 
the HSWA the defendant need only prove his 
 
case on the balance of probabilities 
Outcomes
Fines, imprisonment and/or offi cial orders 
Orders to pay compensation
Insurance
Cannot be insured against 
Can be insured against and in the case of employer 
liability, 
must be insured against
(see below)
Table 1.1
Two main branches of law
Figure 1.5
Business case for managing fi re safety
INADEQUATE FIRE SAFETY
MANAGEMENT
FIRE
FAILURE TO MEET
CONTRACTUAL OBLIGATIONS,
ORDERS,
SERVICE DELIVERY, ETC.
LOSS OF MARKET
SHARE
REDUCED CASH FLOW 
INCREASED COSTS
REDUNDANCIES
BUSINESS
FAILURE
STAFF DE-MOTIVATED
LEAVE
INADEQUATE SKILLS
ASSETS TO
MAINTAIN BUSINESS
BUSINESS
INTERRUPTION

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Introduction to Fire Safety Management
6
1.4.1 Criminal 
law
The criminal branch of law deals with offences against 
the state. The purpose of criminal law is to deter people 
from breaking the law and to punish them accordingly 
when they do, rather than to merely compensate the 
wronged party. Many types of criminal law exist for many 
different purposes and the most important of these in 
relation to fi re and health and safety are as follows:
Acts of Parliament
Acts are sometimes referred to as statutes. The primary 
Act relating to health and safety in the UK is the Health 
and Safety at Work etc. Act 1974 (HSWA). This Act, 
among other statutes, imposes a number of legal duties 
on an employer and failure to comply with these duties 
may give rise to criminal liability, resulting in fi nes and/or 
imprisonment.