Specialist prosecutors are now leading the investigation and prosecution of health and safety cases across Scotland, the Solicitor General, Frank Mulholland QC, announced last week.
Procurators Fiscal in the new Health and Safety Division are providing advice, support and direction from the very earliest stages of investigations.
Led by senior prosecutor Elaine Taylor, the new Division has established three dedicated units based in Aberdeen, Edinburgh and Glasgow. They will work closely with the Health and Safety Executive, local authorities and other agencies who report health and safety cases to COPFS.
Announcing the official launch of the new division, Mr Mulholland said:
"Whether they are dealing with tragic loss of life or incidents that are potentially life threatening, our specialist prosecutors are working hard to help create and maintain safer workplaces and environments across Scotland.
Drawing on their expertise and experience, they will identify unlawful practices that put safety at risk in our communities, bringing to justice those who fail to discharge their obligations under health and safety law.
The reports we receive from HSE, local authorities and other agencies cover a wide range of problems and the creation of our new specialist division will help to ensure we build on our existing expertise to deal with the complex issues that can arise in health and safety investigations."
Elaine Taylor, Head of the new Health and Safety Division, said:
"While we investigate all cases thoroughly, some - such as the recent Super Puma tragedy - are particularly high profile and complex, with unique challenges for investigators and prosecutors. We anticipate that cases like this will benefit particularly from the new division and its specialist teams.
We also recognise how important it is that we communicate with victims and families during what can be lengthy investigations and inquiries. That is why our team has a dedicated member of staff from our Victim Information and Advice (VIA) service who will be working to keep families informed and updated about the progress of cases.
Before we set up the new Division, our colleagues did some excellent work in the field of health and safety. We intend to build on their efforts and further enhance the service that communities across Scotland expect and deserve."
Paul Stollard, Regional Director of the Health & Safety Executive, said:
"HSE very much welcomes the introduction of this new division. Despite recent statistics showing that the number of work-related fatalities in Scotland is at a record low, there are still a worrying number of serious workplace accidents taking place that are entirely preventable.
By building on the close working relationship that already exists between HSE and the Procurator Fiscal's office, we can ensure those responsible for fatalities and major injuries in the workplace are held to account so that further incidents can be avoided."
The Health and Safety Division will have eight specialist prosecutors in a team of 16. The division has three units based in Aberdeen, Edinburgh and Glasgow.
The new division will lead the investigation of several high profile cases including the Super Puma helicopter crash into the North Sea on April 1 2009, which resulted in the deaths of 16 men, and the loss of the tug Flying Phantom while towing Red Jasmine on the River Clyde on 19 December 2007, resulting in three deaths and leaving another person injured.
As well as the Health and Safety Executive, other agencies who submit reports include the Office of the Rail Regulator, the Maritime and Coastguard Agency, local authorities and the police. Other areas of law where COPFS adopts a specialist approach include the prosecution of rape and sexual offences and wildlife and environmental crime.
Source:Crown Office & Procurator Fiscal Service
