- Action taken
Health and safety enforcement action taken
In England and Wales the decision whether to prosecute will take account of the full test set down by the Director of Public Prosecutions in the Code for Crown Prosecutors. No prosecution may go ahead unless the prosecutor finds there is sufficient evidence to provide a realistic prospect of conviction, and decides that prosecution would be in the public interest.
In Scotland, the Procurator Fiscal decides whether to bring a prosecution. This may be on the basis of a recommendation by an enforcing authority, although the Procurator Fiscal may investigate the circumstances and institute proceedings independently of an enforcing authority. The Crown Office and the Procurator Fiscal Service have endorsed ORR’s Policy Statement on Enforcement.
Further details of enforcement notices we have issued and prosecutions that have resulted in a conviction can be found via the following links:
Last updated: February 2013