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Podcast

Double Jeopardy in Safety and Criminal Law: Charged, Convicted, Fined—Then Jailed Again?

In this discussion, Andrew Douglas and Monnette Samo examine the complex legal issue of double jeopardy in the context of workplace safety and criminal law. While the principle of double jeopardy is intended to prevent a person from being tried or punished twice for the same offence, serious workplace incidents can raise difficult questions when both safety legislation and criminal law apply to the same conduct.

Andrew and Monnette discuss how these situations arise, how courts approach the issue when two different legal frameworks apply to the same incident, and what this means for organisations, officers, and safety professionals. The discussion highlights the increasing overlap between workplace safety enforcement and criminal prosecution, and why understanding these risks is critical for those responsible for governance, compliance, and workplace safety.

 

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Kim McLagan and Jim Babalis share their perspectives on what’s driving these higher penalties and how regulators and courts are responding.

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