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Briefing note: Prosecution of Health and Safety …

Briefing note: Prosecution of Health and Safety Offences by HSE in Scotland Purpose To provide a summary of the main differences in legal system and HSE's operational procedures in Scotland a summary of the quality assurance processes in place for effective Prosecution of Health and Safety breaches an analysis of the recent HSE statistics in relation to prosecutions in Scotland The Legal System and HSE Operational Procedures The Practice of Investigation 1 A regulatory inspector in FOD or HID in Scotland follows the same principles for the investigation of incidents and preparation of Prosecution reports as a colleague in England & Wales (E&W). They are guided by the HSE Enforcement Policy Statement (EPS) and use the Enforcement Management Model (EMM) to reach a decision on proportionate enforcement. 2 The practice of investigation is the same; inspectors use the same guidance, techniques and judgements regardless of where in the country they work.

TRIM 2015/23633 Briefing note: Prosecution of Health and Safety Offences by HSE in Scotland Purpose To provide a summary of the main differences in legal system and HSE’s operational

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