Prosecution
Stage 6: Close prosecution process
For: England and Wales only, and not independent legal oversight
cases
Step
6.1
For: Inspector and line manager
Is contacting the dutyholder now appropriate?
Unless the particular circumstances render it unnecessary, draw
up an action plan and visit by appointment with a view to:
- ensuring the duty holder understands the reason(s) why prosecution
was undertaken and if possible, accepts them
- rebuilding a working relationship with the dutyholder and ensuring
health and safety management has been improved
Where a multi site dutyholder is involved:
- take advice from the account holder
If there are any outstanding non-compliance issues:
- review these and the dutyholder’s capacity/intention to address
them
- decide on the action to take and schedule it accordingly
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Step
6.2
For: Inspector/administrator
Is there any evidence to be disposed of?
Retain all relevant material:
- for at least 6 months following a conviction, or
- until any appeal is determined, if that is longer
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Step 6.3
For: NSD
Is a formal review now required?
In NSD, all prosecutions should be reviewed by the
Inspection Coordination Group (ICG) within 12 months of the
conclusion of the case, with the outcome recorded on the standard form provided, in order to:
- review its effectiveness against the HSC Enforcement
Policy Statement
- promulgate any lessons learned throughout NSD
- facilitate via the Business Systems Manager the
improvement of procedures and guidance as appropriate
