Scotland Creates Specialist Health And Safety Division

The Lord Advocate, the Rt Hon Elish Angiolini QC, today announced the creation of a dedicated, specialist Division for the investigation and prosecution of all cases which are reported to the Procurator Fiscal by the Health and Safety Executive.

The move has been welcomed by the Health and Safety Executive (HSE) and by the Scottish Trades Union Congress (STUC).

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.

The Lord Advocate Elish Angiolini QC 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."

Judith Hackitt, Chair of the Health and Safety Executive, said:

"I am delighted to hear that this new Division is being set up in COPFS. Our work with the Procurator Fiscal almost invariably involves cases of human suffering which have arisen from accidents and incidents in workplaces in Scotland. Our joint working in such specialised and sensitive territory can only be enhanced by having a dedicated team of lawyers involved.

Whilst HSE's primary goal is to prevent death, injury and ill health occurring to those at work and those affected by 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. We look forward to working with the new prosecution Division to enhance the delivery of justice in Scotland.

Scottish Parliament Website

Source: LAU/HSE

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