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HSE delivers good-quality prosecutions, says HMCPSI  

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HSE is prosecuting the right people and companies, while delivering a good service for victims and witnesses, says His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI).  

HMCPSI has today, Thursday 27 November published its inspection report on the Health and Safety Executive’s (HSE) Legal Services Division (LSD) after the prosecution inspectorate was invited to assess HSE’s prosecution arm.  

In 2022 HSE transferred its prosecutorial decision-making from HSE inspectors to in-house prosecutors. HMCPSI found that the quality of HSE LSD’s legal decision making was good.  HSE lawyers were complying with the Code for Crown Prosecutors, and casework was of good quality. 

Inspectors found that the service to victims and witnesses was good and lawyers were committed to ensuring victims’ and witnesses rights under the Victims’ Code and Witness Charter were met. In relevant cases prosecutors mostly properly considered using special measures and Victim Personal Statements to support victims.  

However, inspectors found some areas that require improvement including clearer communication within LSD and across the wider HSE, clarifying roles and responsibilities, strengthening guidance and training materials for prosecutors, and a more structured approach to the management and assurance of casework to increase capacity, capability and efficiency. 

HM Chief Inspector Anthony Rogers said: 

 “Where employers breach their health and safety responsibilities, serious workplace failures can cause life-changing injuries and even fatalities. It is vital that HSE prosecutes the right people and the right companies to protect workers and improve business confidence.  

“Our independent inspection found that HSE’s Legal Services Division is delivering high-quality, effective prosecutions.   

“While there are some improvements needed, which we set out in the recommendations we make, our communities and businesses can be reassured that health and safety prosecutions are being robustly delivered by HSE.” 

The inspection also made several recommendations on areas for HSE to implement including: 

  • By 2026, LSD will develop, implement and embed clear guidance on the identification of guilty anticipated plea cases and not guilty anticipated plea cases, develop and deliver joint mandatory disclosure training, and ensure all relevant disclosure legislation, guidelines and policy are complied with in casework. 
  • By June 2026 LSD to have reviewed their victim and witness resources to ensure that guidance is accessible and contains all relevant internal and public facing documents in one place, and improved template letters.  
  • By December 2026 LSD to have reviewed the Senior Enforcement Lawyer role to ensure their responsibilities enable them to focus on an increased grip of casework, developing the lawyer cadre and corporate contributions in accordance with the standards and expectations to be set.