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Health and Safety Cases (R015426)

Thank you for your request dated 16 February 2017 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:
"1. How many health and safety cases/incidents were recommended for prosecution by the HSE in 2015/16

                     2. What percentage of those cases involved major-injury incidents.

3. What proportion of the cases recommended for prosecution resulted in charges being brought?

4. What proportion of the cases in which charges were brought resulted in a conviction?

                    5. What was the typical sentence?"

In regard to the first part of your request, I have attached a table showing the number of charges which the Health and Safety Executive (HSE) have reported for consideration to COPFS in the financial year 2015/16, the charges where court action has been taken, and the charges where a final decision has still to be reached. Please be aware that one or more charge may be contained in any report and that one or more accused person/company may be the subject of any report.

You should also note that in some cases where there is more than one charge in a report, action can be taken in relation to other charges reported in the case, for example, because the prosecutor took the view that an alternative charge was more appropriate or because details of the charge were included within the body of another charge for evidential reasons. I have included these details under the heading "not a separate charge"

R015426 pci 1

In respect of part 2 of your request, the phrase "major injury" is a subjective one and open to opinion. The reports received from HSE are not categorised in this way, therefore, in terms of Section 17 of FOISA, I consider that this information is not held.

In respect of parts 3 and 4 of your request, I attach a table which provides the information you have requested regarding the number of charges in which a prosecution was raised and the outcome of those charges. For completeness, I have also included information on the charges where a prosecution is still ongoing.

R015426 pic 2

In respect of part 5 of your request, while some sentencing information is held by COPFS, our systems are not designed to provide this information and you may wish to contact the Scottish Courts and Tribunals Service who may be able to assist you further.  I have attached a link to their website for your information: