STATEMENT BY JUSTIN MCCRACKEN, DEPUTY DIRECTOR GENERAL, HEALTH AND SAFETY EXECUTIVE METROPOLITAN POLICE PROSECUTION

HSE press release E116:03 - 27 June 2003

"HSE brought this prosecution because we found evidence to suggest that there were persistent failures by the Metropolitan Police to protect their officers while carrying out their duties. Many factors were taken into account in considering whether to seek a retrial, specifically the comments of the judge, the views of PC Berwick and the family of PC Sidhu, other public interest matters and the welcome fact that the Metropolitan Police have made improvements in their management of health and safety.

"After careful consideration of these difficult issues, we have concluded that a retrial would not be in the public interest. Throughout the case HSE never lost sight of the fact that a young man died and another was seriously injured while carrying out their duties. The death of PC Sidhu was a powerful public interest factor in favour of prosecution and we would have failed in our duty if we had not brought this case.

"If we had decided not to prosecute it would have discriminated unfairly and unjustifiably in favour of a public body. The fact that that the employer was the Metropolitan Police doesn't mean they should be treated any differently from any other employer; Parliament decided in 1997 that police officers are entitled to the protection of health and safety law.

"The past and present Commissioners were named as the defendants because this is what the law requires. Parliament decided in 1997 that the chief officer of police should be named as the employer for the purposes of any prosecution under health and safety law.

"After the death of PC Sidhu, we informed the Metropolitan Police of our intention to prosecute. Over a year later we were disappointed at the slow progress of improvement in health and safety management and issued six improvement notices. Under these circumstances we are sure that it was right to continue with the prosecution."

"We will continue to direct our resources and efforts to working with the Metropolitan Police on health and safety matters and are satisfied that in bringing this case we have been able to highlight the dangers of falls from height, which led to nearly 4,000 serious injuries and 68 deaths last year."

"The cost of bringing a case is just one of many legitimate public interest factors to be taken into account. In deciding on whether to seek a re-trial we thought long and hard about all the relevant factors. The fact is that prosecutions cost money and HSE is charged with enforcement in this area. Prosecutions also lead to improvements in health and safety performance. The cost to UK industry of failures in health and safety is approximately £18 billion per year, not to mention the terrible personal cost to victims."

"The judge himself decided there was a case for Lord Condon and Sir John Stevens to answer. As he said, there was no suggestion that the decision to prosecute was an abuse of process. The fact that the trial went to its full term and the jury failed to reach a decision after three days' deliberation shows that there was a case to answer and we were right to start proceedings."

"Our thoughts remain with PC Sidhu's family."

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