Stage 2: Prosecution

Stage 2.1: Prepare report

Investigating Inspector

Where Stage 1 concludes that a prosecution should be considered, the inspector should prepare a prosecution report by completing:

In Energy Division – Offshore prepare report in accordance with the Offshore Intervention Guide.

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

ensure line management and press office (where applicable) receive regular updates. Guidance on when to notify a senior line manager about a case is provided in Appendix 2 of Stage 3 of this procedure.

If whilst working to complete the prosecution report (and seeking approval), it is preferable to carry out work which is related to the prosecution case (if approved) and which is not recoverable via FFI eg early drafting of the initial details, taking a victim personal statement (VPS); then a prosecution case should be opened early to allow the time associated with this work to be recorded. 

Where a case meets, or is likely to meet the criteria for Independent Legal Oversight (ILO):

the approval officer or the investigating officer should contact the Head of Litigation in Legal Adviser's Office in the first instance by email, so that discussions can take place on referral for ILO.

Litigation Officer

If requested by the Investigating Inspector, raise a prosecution case on COIN to allow prosecution related time to be recorded in advance of approval and the laying of informations or prior to submitting the case to the Crown Office Procurator Fiscal Service (COPFS) in Scotland.

Performance standard

Stage 2.2: Report Complete

Investigating inspector

Sign, date and submit IMPACT / combined Investigation / Prosecution Report to the Approval Officer for consideration.

Now go to Stage 3 Approve prosecution.

Updated 2022-08-16