Public interest factors
We will consider the following factors in deciding whether or not to prosecute:
- the nature and seriousness of any alleged offences
- the risk of death or serious injury
- previous experience and record of compliance of the responsible person
- action taken to prevent any recurrence
- the likely effectiveness of the various enforcement options
- any explanation offered and the circumstances and attitude of the responsible person
- any statutory defence available
These factors are not exhaustive. Those which apply will depend on the particular circumstances of each case. Deciding on the public interest is more than just adding up the factors for and against prosecution. Each applicable factor must be considered and given appropriate weight according to the circumstances of the case. We will decide how important each factor is and make an overall assessment.
We will normally consider prosecution where there is sufficient evidence of:
- breaches of legislation that place people at risk of death or serious injury
- persistent breaches of statutory requirements in relation to the same undertaking
- failure to comply with formal remedial requirements, such as the requirements of an enforcement notice. It is unacceptable to ignore remedial requirements and unfair to those who do take action to comply.
- reckless disregard for fire safety requirements. It is in everyone’s interest that irresponsible operations are brought into compliance.
- failure to supply information without reasonable excuse or knowingly or recklessly supplying false or misleading information. It is essential that:
- lawful requests for information to us or our officers are complied with
- accurate information is always supplied to enable informed regulation to be exercised
- obstruction of officers in carrying out their powers. We regard the obstruction of, or assaults on, our officers while lawfully carrying out their duties seriously.