HSE to prosecute Thames Valley police and PC David Micklethwaite over shooting incident

ON003:09 6 April 2009

The Health and Safety Executive (HSE) is prosecuting Thames Valley Police and PC David Micklethwaite over alleged breaches of health and safety law. This follows its investigation into the non-fatal shooting of a civilian employee of Thames Valley Police Authority during a firearms awareness training session on 30 May 2007 at Meadow House, Fountain Court, Oxford Spires Business Park, Kidlington, Oxfordshire OX5 1NZ.

The Chief Constable of Thames Valley Police, as a corporation sole and the employer of the police officer, faces one charge in respect of the alleged breach of Sections 3(1) and 33(1)(a) of the Health and Safety at Work Act etc 1974(HSWA).

PC David Micklethwaite, the firearms instructor running the awareness course, faces one charge in respect of an alleged breach of Sections 7 and 33(1)(a) of the Health and Safety at Work Act etc 1974.

The initial court date has been fixed for 10am on Friday 15 May 2009 at Banbury Magistrates Court, Warwick Road, Banbury, Oxfordshire OX16 2AW. The prosecution of the two defendants in relation to the shooting incident is now a matter for the Court. HSE are unable to comment further on the decision to prosecute.

Notes to editors

1. On the 30 May 2007, Keith Tilbury, an employee of Thames Valley Police Authority was shot in the stomach during a firearms training course being held at Fountains Court, Spires Business Park, Kidlington, Oxfordshire.
2. Thames Valley Police and Thames Valley Police Authority are two separate organisations.
3. The initial investigation into the incident was undertaken by Independent Police Complaints Commission (IPCC). Their report was passed to Crown Prosecution Service (CPS) who decided that they would not pursue criminal proceedings against the officer. The Health and Safety Executive continued with the criminal investigation.
4. Section 3 (1) of the HSWA states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
5. Section 7 of the HSWA states: "It shall be the duty of every employee while at work — (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to cooperate with him so far as is necessary to enable that duty or requirement to be performed or complied with."
6. Section 33 of the HSWA states: "(1) It is an offence for a person-- (a) to fail to discharge a duty to which he is subject by virtue of sections 2 to 7;"
7. If the case is committed to the Crown Court the maximum penalty it may impose for each offence is an unlimited fine. In the lower court, the maximum penalty for each offence is a fine of £20,000.
8. You are advised to check the time and date of the hearing with the Court nearer the time to ensure that the case has not been put back.
9. Now that criminal proceedings have commenced your attention is drawn to the fact that the provisions of the Contempt of Court Act apply to this matter.

Please note this information is issued for the sole purpose of informing the media of an HSE prosecution. It is very unlikely that an HSE press officer will be in court and the result of any hearing should be obtained directly from the court.

Press enquiries

All enquiries from journalists should be directed to the HSE Press Office