Charlotte O'Kane

This Practice Note explains the basis of the Health and Safety Executive’s (HSE) powers in Scotland and highlights the different approach to the investigation and prosecution of health and safety breaches under the Health and Safety at Work etc Act 1974 (HSWA 1974) and associated safety regulations in Scotland. It explains the powers of inspectors under section 19 of the Health and Safety at Work Act 1974, interviews under section 20 of the Health and Safety at Work Act 1974 and the use of interviews under caution and voluntary witness statements in Scottish health and safety investigations as well as conflicts of interest and how the decision to prosecute is taken in Scotland.

This Practice Note looks at the prosecution process for health and safety cases in Scotland, and in particular examines the investigation of health and safety incidents there, explaining the HSE's status as a Specialist Reporting Agency and considering which agency has primacy in investigations.

This Practice Note examines how breaches of health and safety laws are sentenced in the criminal courts in Scotland. It includes consideration of the objectives of sentencing and punishment in Scotland, the mode of trial and maximum sentences for health and safety offences, relevant considerations to be taken into account in deciding the appropriate fine to be imposed for health and safety breaches in Scotland and the role of the Scottish Sentencing Council.