Where a prosecution is brought, it may be desirable to seek publicity for the proceedings you are initiating. In alerting the media to forthcoming 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
HSE may also wish to publish other information before any criminal proceedings are commenced, for example, preliminary reports into the causes of major health and safety incidents.2
HSE inspectors, press officers and other officials must ensure that nothing is said or written that might be prejudicial to the defendant's (or potential defendant's) position. 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.
Before making any disclosure, inspectors should always consult fully with other investigators to ensure there is no prejudice to other proceedings.
Press Office
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.
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 Government News Network (GNN - formerly COI). GNN has 10 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.
Whether dealing with HSE or GNN Press Offices, inspectors can expect the same range of services. These are:
advice on media handling to maintain HSE's reputation;
media monitoring;
ensuring an informed response to media enquiries and correcting misreporting;
preparing and issuing press notices; and
arranging press launches and interviews.
If inspectors receive direct approaches from the media, they should keep the relevant Press Office informed.
In practice, you will usually work with the GNN in handling press enquiries and in publicising HSE prosecutions. You may be contacted by GNN following an inquiry from the media about an incident, for example, where the media want to know if HSE is investigating a particular matter. A GNN press officer will contact the relevant HSE inspector to
obtain details;
agree a response; and
communicate it on behalf of HSE.
GNN 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, GNN will pass it on to the press either in written form or, if urgent, by telephone. GNN will also assist in preparing a statement to be made after a prosecution. Where appropriate, GNN 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.
GNN guidance states that the note should satisfy the following checklist:
The phrase "operational note" is to be included at the top left.
References to an "offence" or "incident" should be preceded by the qualifying word "alleged".
Pejorative or accusatorial phrases (e.g. "did negligently remove" or "dangerous practice") should be avoided.
Phrases which might state or imply the prosecution's confidence in the outcome of the case should be avoided.
Comment on the case in general should be avoided and, where there is a possibility of facts being in dispute, it should be made clear that HSE alleges such facts.
The "notes for editors" should include:
descriptions of the relevant sections of the Act and/or Regulations under which the prosecution is being brought;
a reminder about the requirements of the Contempt of Court Act 1981 ("CCA"); and
any other reporting restrictions (such as those imposed under the Magistrates’ Courts Act 1980).
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.
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.
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.
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.
