Approving prosecutions

Introduction

1. This section outlines:

• how cases are considered for prosecution;
• the principles to be applied when approving a prosecution case.

2. As an investigating inspector, it will assist you in preparing and submitting a case for approval. It will also inform you of:

• the role of the Approval Officer (and senior approval officer in appropriate cases – see below); and
• the approval process.

3. The section should be read in conjunction with other relevant sections of the Enforcement Guide, in particular the sections in the Investigation stage, and guidance and procedures from your Directorate.

4. In particular it is important for investigating inspectors and approval officers to remember that they can call on assistance from others within HSE, for example technical specialists, legal advisers and press officers, when they consider cases for prosecution.

5. It is also important to ensure that, in line with OC 168/14, cases that are likely to attract wide public interest or are otherwise sensitive are notified to senior management .

6. Inspectors should also refer to the Code for Crown Prosecutors (see the CPS website), the Enforcement Policy Statement and the Enforcement Management Model