E132:05 17 October 2005

HSE prosecution decision on Potters Bar train derailment

Allan Sefton, Director of Rail Safety at the Health and Safety Executive (HSE), said today that a decision on whether to prosecute for health and safety offences in relation to the Potters Bar train derailment will be taken after a Coroner’s Inquest is held.

The message followed the Crown Prosecution Service’s (CPS) announcement today that, after consideration of the evidence, it has advised British Transport Police (BTP) that there is no realistic prospect of conviction for an offence of gross negligence manslaughter against any individual or corporation.

Dr Sefton said: "HSE and BTP have kept the bereaved families and those injured in the derailment fully informed on the progress of the case. After the conclusion of a Coroner’s Inquest we will inform them of our decision on whether any prosecution under the Health and Safety at Work Act is appropriate before making that decision public."

Notes to Editors:

1. It is HSE policy that a final decision on enforcement action will not normally be made until after the inquest is held. This recognises that:

• additional information may come to light as a result of the inquest; and/or
• a Coroner may decide to refer the case back to BTP/CPS for further consideration of a manslaughter charge.

2. HSE set up an independent Investigation Board under S14(2)(a) of the HSAW etc Act 1974 to oversee the investigation into the train derailment. The Board’s terms of reference required it to:

• ensure a thorough HSE investigation to establish its direct and root causes;
• identify any matters requiring immediate attention to further rail safety;
• examine HSE’s role in regulating safety on the railways prior to the accident;
• consider it in light of other recent railway incidents and any recommendations arising from their investigations; and
• to make recommendations for further action.

3. HSE has published an interim report and two progress reports into the derailment which are available from the HSE website at www.hse.gov.uk/railways/pottersbar.htm.

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