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Early Guilty Pleas Eases Pressure On H&S Victims In Scotland

Victims and witnesses are being spared the need to give evidence thanks to the earlier resolution of cases by the COPFS Health & Safety Division, the Solicitor General, Frank Mulholland QC, announced today.

Statistics from the Division's first year of operation show that more than 20 cases resolved without the need for trials by securing early guilty pleas from the accused.

With three dedicated units based in Aberdeen, Edinburgh and Glasgow, the Division is led by senior prosecutor Elaine Taylor with a total of 16 staff who work closely with the Health and Safety Executive, local authorities and other agencies who report health and safety cases to COPFS.

Today Mr Mullholland praised the hard work of the Division's staff and said its success in its first year proved that specialist prosecutors are making a real difference to victims and their families.

"By building on our existing expertise and through enhanced working relationships with the HSE and other enforcing authorities, the Division has been more able to deal with the complex issues that can arise in health and safety investigations," he said.

"This approach, using dedicated specialist prosecutors, has also enabled us to resolve a number of cases at an early stage, bringing benefits to victims and witnesses alike.

"Everyone has the right to go to their place of work or about their business and return home safely and we will seek to prosecute all those who fail to discharge their responsibilities under health and safety law.

"It has been an encouraging year but we can never be complacent. We will continue to work hard to build on this success to further enhance the service that communities across Scotland expect and deserve."

Elaine Taylor, Head of the Health and Safety Division, added:

"Sadly, most of the cases with which our Division deal involve the loss of life or serious injury arising from incidents in workplaces in Scotland.

"The early resolution of these cases by way of plea has spared families and victims from what can be a very distressing and traumatic experience of reliving these events through lengthy court process. It has also freed up the courts' time and reduced costs involved in potentially lengthy trial proceedings.

"The Division's dedicated member of staff from our Victim Information and Advice (VIA) service plays a vital role in working with the team to communicate with victims and families during what are often lengthy investigations and inquiries. She keeps families informed and updated about the progress of the cases, and also assists by providing information about support resources covering a wide range of needs.

"The next year will bring new cases and therefore new challenges and I am confident that our specialist team has the knowledge, expertise and dedication to maintain the high standards it has set in the first year."

Dr Paul Stollard, HSE Director, Scotland said:

"The specialist Health and Safety Division at COPFS should be pleased with the results achieved in their first year. We have valued being able to work with them to ensure that those responsible for death and injury in Scotland's workplaces have been held to account, and we look forward to further building on the relationship between HSE and the COPFS Health and Safety Division over the coming year."

Ian Tasker, STUC Assistant Secretary said:

"The STUC welcomed the formation of the new division as we feel it is vitally important that health and safety cases are prosecuted effectively and quickly. One of the positive messages we are picking up from bereaved families is the improved communication between families and prosecutors; one of the main complaints families raised with us before the division was formed.

"However, we have to remember that over 20 families lost a loved one in the last year in Scotland and, sadly another 20 families began the process of grieving and seeking answers. Thankfully this process in now less traumatic for them, but we have to ensure that employers are aware of their health and safety obligations, consult with their workforce and work together to deliver safer and healthier workplaces."

Source: Crown Office and Procurator Fiscal Service Scotland



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