This Practice Note explains the prosecutions policy of the Health and Safety Executive (HSE) in England, Wales and Scotland.

In England and Wales, the HSE has the power to prosecute breaches of health and safety legislation and as such, determines and commences prosecutions itself in the criminal courts in England and Wales. Although the same prosecution policy applies in Scotland, the decision to prosecute is taken by the Crown Office and Procurator Fiscal Service (COPFS) and the HSE makes Recommendations to the COPFS in line with the Enforcement policy explained in this Practice Note. For information on the enforcement of health and safety breaches in Scotland, see Practice Notes: Health and safety investigations in Scotland and Prosecution process for health and safety cases in Scotland.

To access further information on the duties imposed under health and safety laws, how those duties are enforced, how they are prosecuted and the sentences which may be imposed on conviction, see the Health and safety toolkit.

The HSE publishes its enforcement policy statement (EPS) and its enforcement management