1. Where a prosecution is brought, it may be desirable to seek publicity for the proceedings you are initiating. In alerting the media to prosecutions, you will be discharging HSE’s obligation to take all reasonable steps to inform the public of its actions and, where relevant, to warn the public of any dangers presented by the alleged offences.1
2. HSE may also wish to publish certain information before any criminal proceedings are commenced, for example, safety alerts in respect of particular areas of concern or preliminary reports into the causes of major health and safety incidents . The level of detail should be proportionate to the aim to be achieved by publication, and in particular take into account the extent of the risk to health or safety involved.2
3. HSE inspectors, press officers and other members of staff must be aware that anything said or written about the investigation has the potential to prejudice the defendant’s position in the event that criminal proceedings are instituted. Prejudicial publicity may give rise to a breach of the right to a fair trial under Article 6 of the European Convention on Human Rights ("ECHR"). It may also constitute grounds for a stay of proceedings as an abuse of process.
4. The contents of safety alerts or interim reports should be carefully assessed, if necessary in consultation with Legal Adviser’s Office. The assessment will consider:
5. However, it is anticipated that, in all but the most exceptional cases, it will be possible to word safety alerts and technical reports in such a way as to achieve the aims of publication without jeopardising future proceedings or contravening the other restrictions on disclosure.
6. Before making any disclosure, inspectors should always consult fully with other any other authorities involved, such as the police and CPS in investigations being conducted under the Work-Related Deaths Protocol.
7. HSE’s Press Office and its regional agency press officers are the link between HSE divisions and the media. All press relations work is channelled through press officers to ensure consistency.
8. For stories of interest mainly to local or regional news media, arrangements will be handled on HSE’s behalf by the agency press officers of the Central Office of Information (COI). COI has a network of regional offices, providing a range of public relations services for government and the public sector. However, where the national media or the trade and technical journals are concerned, the HSE Press Office will normally take the lead.
9. Whether dealing with HSE or COI Press Offices, inspectors can expect the same range of services. These are:
10. If inspectors receive direct approaches from the media, they should keep the relevant Press Office informed.
11. In practice, you will usually work with the COI in handling press enquiries and in publicising HSE prosecutions. You may be contacted by COI following an inquiry about an incident, for example, where the media want to know whether HSE is investigating. A COI press officer will contact the relevant HSE inspector to
12. COI staff are also available to help publicise prosecutions. They will prepare a draft note for release headed ‘HSE Operational Note’ which will be checked by you for accuracy. An Operational Note is a diary note to journalists, and is not intended for use as a news item. After clearing it through Press Office and Legal Adviser’s Office as required, COI will pass it on to the press either in written form or, if urgent, by telephone. COI will also assist in preparing a statement to be made after a prosecution. Where appropriate, COI will prepare a draft press release which, if the prosecution is successful, will be issued immediately afterwards, announcing the result and the lessons to be learned from the case. Further guidance can be found on the Attorney Generals guidelines on disclosure.
13. COI guidance states that the note should satisfy the following checklist:
14. The "notes for editors" should include:
15. An "Operational Note" is understood by editors to contain information for operational use and not for publication. The publisher is responsible for ensuring the accuracy of any subsequent report.
16. As the operational note will be drafted on the basis of factual information which you have provided, it is extremely important that you ensure that, in dealing with facts, you avoid possible ambiguities.
17. Any reference to a defendant in legal proceedings should describe that person in a way that avoids possible confusion with any other person of the same or similar name. Providing details of the road and town where the defendant lives, in addition to his or her name, will usually be sufficient.
18. Where HSE publishes any report or other documents in the exercise of its powers under HSWA, including a special report made under section 14(2)(a) or a report made under section 14(2)(b) HSWA, these must also avoid the use of pejorative/accusatorial phrases or reference to facts which are in dispute.