Supplementary Memorandum by the Health
and Safety Executive (HSE 25(b))
Thank you for your further letter of 6 January
following up the specific questions, Chairman, Andrew Bennett
MP has on our supplementary memorandum.
DEFENDED CASES
The numbers of defended cases are increasing
but are still in the minority. Of the 1,797 offences prosecuted
in 1998-99, 173 were defended.
HSE's low success rate in defended cases has
not yet been the subject of a systematic study but HSE recognises
that more needs to be done to improve its performance in this
area, although it seems broadly consistent with other prosecuting
authorities' performance, eg CPS and the Prosecutor Fiscals (who
prosecute all health and safety cases in Scotland).
The reasons for a low success rate in defended
cases are complex. HSE nowadays takes inherently more difficult
cases based on goal-setting legal requirements and emphasising
root causes of management failures. Further, the relatively small
number of defended cases means that inspectors do not have the
opportunity regularly to practise the necessary advocacy skills—on
average they will encounter a defended case only once in every
four years. As legal procedures have become more complex, solicitor
agents and counsel are being used more frequently in defended
cases, though the data that are available do not in fact suggest
that agents and counsel have a notably higher success rate than
inspectors.
HSE's Field Operations Directorate has initiated
a study of its prosecution performance which will include detailed
analysis of its success rate. The study will make recommendations
about how complex and defended cases should be managed and prosecuted
in future to maximise the chances of success and achieve the necessary
impact on duty holders. The study will report by the summer.
INSPECTION AND
REGULATORY CONTACTS
A table providing information on the regulatory
contacts made by inspector grade is attached.
Lorna McGuinness
Briefing Team Leader
HSC/E Secretariat
HSE Field Operations Directorate—Inspection
and regulatory contacts by band for inspectors in operations groups
in 1998-99
|
|
Region
| Band | Regulatory
contacts
| Inspection
contacts
|
|
| Wales and West
| Principal inspector, band 2 | 1,913
| 814 |
| Main grade inspector, band 3
| 23,153 | 12,293
|
| Trainee inspector, band 4
| 4,048 | 2,381
|
| totals | 29,114
| 15,488 |
| Home Counties | Principal inspector, band 2
| 937 | 364
|
| Main grade inspector, band 3
| 18,253 | 9,143
|
| Trainee inspector, band 4
| 2,203 | 1,084
|
| totals | 21,393
| 10,591 |
| London and South East | Principal inspector, band 2
| 777 | 300
|
| Main grade inspector, band 3
| 10,866 | 6,557
|
| Trainee inspector, band 4
| 8,820 | 5,492
|
| totals | 20,463
| 12,349 |
| Midlands | Principal inspector, band 2
| 1,372 | 380
|
| Main grade inspector, band 3
| 12,952 | 6,156
|
| Trainee inspector, band 4
| 4,634 | 2,320
|
| totals | 18,958
| 8,856 |
| Yorkshire and North East | Principal inspector, band 2
| 1,358 | 354
|
| Main grade inspector, band 3
| 16,427 | 9,205
|
| Trainee inspector, band 4
| 2,325 | 1,089
|
| totals | 20,110
| 10,648 |
| North West | Principal inspector, band 2
| 1,435 | 247
|
| Main grade inspector, band 3
| 18,927 | 9,945
|
| Trainee inspector, band 4
| 698 | 403
|
| totals | 21,060
| 10,595 |
| Scotland | Principal inspector, band 2
| 702 | 384
|
| Main grade inspector, band 3
| 11,615 | 6,447
|
| Trainee inspector, band 4
| 2,512 | 1,343
|
| totals | 14,829
| 8,174 |
|
Comparative data for three years ago are not available. A
different work recording system was in operation and different
contact descriptors were in use.
January 2000
|
