LTB 258/09 - Scotland Welcomes Dedicated HSE Prosecutors

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LTB 258/09 - Scotland Welcomes Dedicated HSE Prosecutors

No. 258/09
Ref EX5
Date: 20 March 2009

To: All Branches

Dear Colleagues

Scotland Welcomes Dedicated HSE Prosecutors
The Health and Safety Executive (HSE), Scottish Trades Union Congress (STUC) and CWU has welcomed the announcement that a new specialist Division is to be set up within the Crown Office and Procurator Fiscal Service to prosecute employers who commit health and safety offences in Scotland.

The announcement made by the Lord Advocate confirmed the formation of a specialist Health and Safety Division within the Crown Office and is something welcomed and supported by the HSE, Unions and Scottish TUC.
Where death, injury and ill health occur at work, effective enforcement is an important and powerful deterrent. Duty holders who breach health and safety law or fail to meet their statutory obligations should be held to account. Having a dedicated team of lawyers involved can only enhance the effectiveness of the enforcers and prosecution of, health and safety cases as well as lead to greater consistency.
The Lord Advocate, the Rt Hon Elish Angiolini QC, announced the creation of the new dedicated, specialist Division for the investigation and prosecution of all cases which are reported to the Procurator Fiscal by the Health and Safety Executive.
Led by a senior prosecutor, the new Division will consist of experienced lawyers working in 3 teams:

* Scotland North, working closely with HSE staff in Aberdeen;
* Scotland East, working with HSE staff in Edinburgh; and
* Scotland West, working with HSE staff in Glasgow.

It is anticipated that this new approach will result in a greater concentration of expertise; increased specialist input at the start of an investigation; and enhanced liaison with stakeholders in this area of investigation and prosecution.

In a statement the Lord Advocate said "This is a complex and sensitive area of our work as prosecutors. Reports from the HSE to the Procurator Fiscal can range from the tragic loss of life at work, to incidents with potentially life threatening consequences. Each case is an opportunity to identify bad, and illegal, practice; to bring to justice those who fail to discharge their responsibilities under health and safety law; and, importantly, to bring all relevant expertise to bear to help create and maintain safer workplaces. All of these cases are important, and they are very often legally complex. With the creation of this national Division, which will work in 3 geographical teams, we are pooling expertise and experience, and ensuring that lawyers who work on HSE cases will be solely dedicated to this specialist area of investigation and prosecution.

The new Division will also work in close consultation with dedicated, senior Crown Counsel. Communities across Scotland can have confidence that Scotland's prosecution service is dedicating the very best expertise to the investigation and prosecution of all Health and Safety cases."
The new Division is now is operation.

The number of HSE reports received by COPFS each year for the past three years were:
2005 - 2006: 58
2006 - 2007: 52
2007 - 2008: 89

Yours Sincerely



Dave Joyce
National Health, Safety & Environment Officer