Transcript Independence and Interdependence

CROWN OFFICE AND
PROCURATOR FISCAL SERVICE
Anthony J Bonnar
Senior Procurator Fiscal Depute
Health & Safety Division
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
The Role of the Crown Office
Health & Safety Division
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
2
COPFS Background
• Key People
• Local prosecutions
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
3
The Health and Safety Division
• Philosophy and Formation
• Training
• Nationwide Coverage
• VIA Support
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
4
The work of the Division
•Joint investigations
•Initial Police primacy
•Has an offence been
committed?
•Possibility of a Fatal
Accident Inquiry
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
5
• Early attendance
• Gathering of evidence
• Assurances from duty holders
• Evidential requirements
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
6
Fatal Accident Inquiries
• Mandatory or discretionary?
• What are they for?
• What can a Sheriff not do?
• The discretion to dispense with an Inquiry
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
7
The precognition process
• Identifying further enquiries
• Precognition of witnesses
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
8
Early resolution
• Early contact with the defence
• Early disclosure of evidence
• Identify whether accused will plead guilty
• Agreed narrations
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
9
Statistics
• 142 active cases (36 relating to fatal
incidents)
• 111 reported by HSE, 31 from other agencies
• 83 concluded indictments
• 24 concluded summary complaints
• Total fines exceed £5.1 million
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
10
Any questions?
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
11