Prosecution
Stage 2: Prepare prosecution report

Step 2.1

For: Investigating inspector in England and Wales, and Scotland

Is a prosecution report now appropriate?

Where in stage 1 a prosecution is indicated:

Whilst drafting the report:

re-check on any evidential difficulties and decide if additional evidence is required and if so , seek to obtain it
identify the relevant material which contains evidence to be used as part of the prosecution case and that which will be unused material

If the prosecution is likely to attract wide public interest or it concerns sensitive issues:

Where, in England and Wales, the criteria for introducing independent legal oversight are likely to be met:

inform the head of Litigation division in Legal Adviser's Office and explain why this is felt to be the case

For guidance on the criteria, please see:

In England and Wales:

the report should follow the format of the appropriate HSE prosecution report word template and be drafted to assist the subsequent approval process (see Stage 3)

In Scotland:

the report should follow the format laid down in the Enforcement Handbook – Scotland – Chapter 5 - Annex 1

In every case, prepare the prosecution report ready for approval:

within 25 working days of completing evidence collection and necessary consultations

now go to step 2.2 in England and Wales, and step 2.3 in Scotland

Step 2.2

For: Investigating inspector: England and Wales

The prosecution report should include:

all the information listed in the Enforcement Guide – Investigation – Approving prosecution – Prosecution report, under the separate categories: key contents of the prosecution report and information which the report should consider
the statements of any victims if available

For guidance on this, please see:

the names of the members of staff who are responsible for carrying out the roles of investigator, officer in charge of the investigation, disclosure officer and prosecutor

information to identify all unused material to the Approval Officer, and
for investigations commenced before 4 April 2005, information identifying to the Approval Officer any unused material that might undermine the prosecution case
for investigations commenced on or after 4 April 2005, information identifying to the Approval Officer any unused material that might undermine the prosecution case or assist the defence

On completing the report, for more complex cases: