Health and safety prosecutions ‘taking years’

HEALTH and safety prosecutions are taking years to complete, and getting even longer, an inspector has warned.

The Crown Office’s health and safety division has been urged to deliver swifter justice.

The Inspectorate of Prosecution in Scotland (Ips) found that many prosecutions were now “several years old and the ‘time to clear’ figure of current work is increasing rather than decreasing”.

Chief inspector Joe O’Donnell said: “We found that the cases disposed of were of high quality, but our concern was the length of time taken to conclude them. Our recommendations, therefore, focus on ways to speed up the process.”

He was backed by Laura Cameron, head of legal firm Pinsent Masons’ regulatory group, who said: “It is a traumatic experience for surviving victims, their families and witnesses who are caught up in a health and safety incident, and to have a case hanging over them for years adds to their stress.”

The Crown Office launched a health and safety division in 2009 to bring greater expertise to the area.

One of its aims is to secure more early guilty pleas, thereby speeding up the process.

The Crown Office insisted progress is being made.

A spokesman said: “Significant enhancements have been made in the prosecution of health and safety cases since the division was established in 2009. Its specialist prosecutors have been highly successful in bringing most cases to a much swifter conclusion. Since the division was set up it has raised criminal proceedings in 104 cases, resulting in only four acquittals, and fines imposed of £5.1 million.

“The Inspectorate report notes there have been savings to court time and reduced inconvenience to witnesses.”