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HSE Review into HSE's Conduct of Prosecutions, 2000
Back to Index on Prosecution Review 2000
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Background

HSE set up the review as a result of concerns that:

"its current system of prosecutions was not fully meeting the needs of the organisation, for example:
Increasing challenges and scrutiny of enforcement action generally, at Ministerial, pressure group and the wider public level;
A recognition that it was increasingly unrealistic as the criminal law becomes more complex, to require inspectors to conduct not guilty trials (last year inspectors in the FOD were advised that defended cases should not normally be taken by inspectors);
Evidence that current systems do not ensure that up to date legal guidance is available to all inspectors;
Uncertainties as to which cases should be referred to Solicitor’s office;
Fully Closed (Exemption 2 & 4(d));
An increasing pressure on HSE from our Minister, pressure groups such as the Centre for Corporate Accountability, and the public generally to bring more prosecutions with harder hitting outcomes;

At the same time, the wider criminal justice environment is going through a period of rapid change and these external drivers for change also prompted a reappraisal of HSE prosecutions systems, for example:
An increasing use of judicial review as a means of challenging a decision not to prosecute;
The impact of the Human Rights Act;
Increasing expectations that the views of victims and their families should be taken into account in prosecutions;
Proposals to reform the law of corporate manslaughter which may impact on the role of HSE in such prosecutions."
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Page last updated on April 8, 2004