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Prosecution of individuals

1. Offences under HSWA that concern individuals other than employers are found in sections 7,8,36 and 37.

2. The Enforcement Policy Statement Paragraph 43 states:

`Subject to the above, enforcing authorities should identify and prosecute or recommend prosecution of individuals if they consider that a prosecution is warranted. In particular, they should consider the management chain and the role played by individual directors and managers, and should take action against them where the inspection or investigation reveals that the offence was committed with their consent or connivance or to have been attributable to neglect on their part and where it would be appropriate to do so in accordance with this policy. Where appropriate, enforcing authorities should seek disqualification of directors under the Company Directors Disqualification Act 1986.'.

3. Any decision to prosecute must nonetheless meet the criteria set out in the Enforcement Policy Statement generally, and the evidential sufficiency and public interest criteria set out in the Code for Crown Prosecutors. You should see also OC130/8 for information on the prosecution of individuals.

Updated 2012-09-01