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Introduction

When you are investigating a suspected criminal offence you will need to obtain evidence. "Evidence" is any material relevant to proving or disproving the commission of an offence(s). It will commonly consist of:

  • witness statements;
  • transcripts of interviews under caution;
  • documents;
  • physical evidence (also known as "real" evidence);

In every criminal trial under Scots law before a person can be convicted of an offence there must be corroborated evidence to prove beyond a reasonable doubt two essential facts:

  • that an offence was committed, and
  • that the accused is the person responsible for committing the offence.

Corroboration has nothing to do with the admissibility of evidence, as is sometimes thought. The legal doctrine of corroboration requires every essential fact to be proved by evidence from at least two sources. Evidence can be direct (eg eye-witness accounts) or indirect (or circumstantial) - both are equally valid. Even if there are no eye-witnesses there may still be sufficient evidence to prove an offence, for example, where one witness sees an accused with an axe in his hand standing beside a freshly felled tree and another witness hears the accused admit to cutting it down, the evidence of the second witness would corroborate that of the first witness.

The Police and Criminal Evidence Act 1984 (PACE) does not apply to Scotland. The use of tape recording equipment by the HSE when interviewing suspects is not practised in Scotland. However, for certain high profile investigations, particularly if carried out jointly with the police this policy may need to be reviewed in consultation with the Fiscal on a case by case basis.

The order in which you collect evidence is important. As a general rule you should interview workers before supervisors and members of management. However, when workers themselves are potential suspects they should also be amongst the last to be interviewed. If you need specialist advice or support for your investigation you should obtain it at an early stage. You need to consider the question of fault, ie who is legally responsible for the incident under investigation and to what extent. This will involve consideration of the law, codes of practice and guidance, previous contacts with duty holders, manuals, trade journals, and the like. Only when your investigation is nearly complete should you seek the views of, and mitigation from, a director or other senior officer. You should not forget that at any stage in your investigation you may need to go back to earlier witnesses and put to them documents or comments that you have received subsequently.

If a work related death is being investigated then you should implement the requirements of the Scottish Work Related Deaths Protocol in relation to liaison with the police and Procurator Fiscal, and the conduct of the investigation.

Link URLs in this page

  1. Enforcement homehttps://www.hse.gov.uk/enforce/index.htm
  2. Enforcement guide (Scotland) homehttps://www.hse.gov.uk/enforce/enforcementguidesc/index.htm
  3. Role of CO & PF Servicehttps://www.hse.gov.uk/enforce/enforcementguidesc/rolecopf.htm
  4. Overview - Collecting witness evidencehttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingwitness/index.htm
  5. Collecting witness evidence - Introductionhttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingwitness/intro.htm
  6. Order of collecting evidencehttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingwitness/order.htm
  7. Witness statementshttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingwitness/statements.htm
  8. Overview - Collecting physical evidencehttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingphysical/index.htm
  9. Collecting physical evidence - Introductionhttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingphysical/intro.htm
  10. Evidence which may assist your investigationhttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingphysical/evidence.htm
  11. Evidence using s20 powershttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingphysical/obtaining.htm
  12. Preparing evidence for use in courthttps://www.hse.gov.uk/enforce/enforcementguidesc/collectingphysical/preparing.htm
  13. Overview - Expert evidencehttps://www.hse.gov.uk/enforce/enforcementguidesc/expert/index.htm
  14. The experthttps://www.hse.gov.uk/enforce/enforcementguidesc/expert/expert.htm
  15. Site visitshttps://www.hse.gov.uk/enforce/enforcementguidesc/expert/visits.htm
  16. The reporthttps://www.hse.gov.uk/enforce/enforcementguidesc/expert/report.htm
  17. Expert evidence - At courthttps://www.hse.gov.uk/enforce/enforcementguidesc/expert/atcourt.htm
  18. Status of workershttps://www.hse.gov.uk/enforce/enforcementguidesc/status.htm
  19. Overview - Identifying the accusedhttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/index.htm
  20. Identifying the accused - Introductionhttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/intro.htm
  21. Companieshttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/companies.htm
  22. Partnershipshttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/partnerships.htm
  23. Other offendershttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/offenders.htm
  24. Foreign offendershttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/foreign.htm
  25. Insolvencyhttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/insolvency.htm
  26. Prosecution of individualshttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/individuals.htm
  27. Proceeding against employeeshttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/employees.htm
  28. Proceeding against Crown employeeshttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/crown.htm
  29. Proceeding against directors, etchttps://www.hse.gov.uk/enforce/enforcementguidesc/identifying/directors.htm
  30. Overview - Reporting to the Procurator Fiscalhttps://www.hse.gov.uk/enforce/enforcementguidesc/report/index.htm
  31. Reporting processhttps://www.hse.gov.uk/enforce/enforcementguidesc/report/process.htm
  32. Form of report to Procurator Fiscal https://www.hse.gov.uk/enforce/enforcementguidesc/report/form.htm
  33. Drafting complaintshttps://www.hse.gov.uk/enforce/enforcementguidesc/report/complaints.htm
  34. Disclosure in criminal proceedingshttps://www.hse.gov.uk/enforce/enforcementguidesc/disclosure-in-criminal-proceedings.htm
  35. Criminal courtshttps://www.hse.gov.uk/enforce/enforcementguidesc/criminal.htm
  36. At courthttps://www.hse.gov.uk/enforce/enforcementguidesc/atcourt.htm
  37. Penaltieshttps://www.hse.gov.uk/enforce/enforcementguidesc/penalties.htm
  38. Appealshttps://www.hse.gov.uk/enforce/enforcementguidesc/appeals.htm
  39. Fatal accident inquiries (FAIs)https://www.hse.gov.uk/enforce/enforcementguidesc/fatal.htm
  40. Publicityhttps://www.hse.gov.uk/enforce/enforcementguidesc/publicity.htm
  41. Overview - Civil proceedingshttps://www.hse.gov.uk/enforce/enforcementguidesc/civil/index.htm
  42. Generalhttps://www.hse.gov.uk/enforce/enforcementguidesc/civil/general.htm
  43. Backgroundhttps://www.hse.gov.uk/enforce/enforcementguidesc/civil/background.htm
  44. Factual statementshttps://www.hse.gov.uk/enforce/enforcementguidesc/civil/statements.htm
  45. Disclosure of documents and productionshttps://www.hse.gov.uk/enforce/enforcementguidesc/civil/disclosure.htm
  46. Precognitionshttps://www.hse.gov.uk/enforce/enforcementguidesc/civil/precognitions.htm
  47. Inspectors as witnesseshttps://www.hse.gov.uk/enforce/enforcementguidesc/civil/witnesses.htm
  48. Improvement and prohibition noticeshttps://www.hse.gov.uk/enforce/enforcementguidesc/notices.htm
  49. Employment tribunalshttps://www.hse.gov.uk/enforce/enforcementguidesc/tribunals.htm
  50. Food and Environment Protection Act 1985 (FEPA)https://www.hse.gov.uk/enforce/enforcementguidesc/fepa.htm
  51. Sitemaphttps://www.hse.gov.uk/enforce/enforcementguidesc/sitemap.htm

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Updated 2009-08-05