Health and Safety Executive prosecutions policy

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Health and Safety Executive prosecutions policy
  • Key issues in the HSE enforcement policy statement and enforcement management module
  • Making representations on the decision to prosecute
  • Work related death
  • Health and safety offences
  • Enforcement
  • Fees for intervention

Health and Safety Executive prosecutions policy

This Practice Note explains the approach taken by the Health and Safety Executive (HSE) to the enforcement of health and safety law in England and Wales.

Note that in Scotland, the decision to prosecute is taken by the Crown Office and Procurator Fiscal Service (COPFS) and the HSE makes recommendations to the COPFS in line with the enforcement policy explained in this Practice Note. For information on the enforcement of health and safety breaches in Scotland, see Practice Notes: Health and safety investigations in Scotland and Prosecution process for health and safety cases in Scotland.

To access further information on the duties imposed under health and safety laws, how those duties are enforced, how they are prosecuted and the sentences which may be imposed on conviction, see the Health and safety toolkit.

The HSE has published its enforcement policy statement (EPS) and its enforcement management model (EMM) which together outline the general principles and approach which the HSE and local authorities are expected to follow when investigating and enforcing health and safety legislation. This EPS has been created reflecting the requirements of both the Code for Crown Prosecutors and the Regulator's Code which applies to all governmental regulators. For more information on the Regulators' Code, see Practice Note: The Regulators' Code.

Note that the Office of Road and Rail and the Office of

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