Recovery Guidance - Generic Issues
Investigations and prosecutions
Background and Context
The cause of an emergency may be immediately apparent, but should not be presumed until investigations (and possibly prosecutions) are completed. Whilst the rescue of survivors must take precedence, once the rescue phase is complete and the scene has been declared safe, it must be protected from interference or unnecessary movement. The site must be treated as a crime scene, and its protection is vital to preserve evidence. However, a key consideration will be to restore services at the earliest opportunity.
The purpose of any prosecution is to prove beyond reasonable doubt that an offence has been committed, rather than establishing the circumstances of an accident or incident. Witnesses are essential to investigations and prosecution and fall into the following categories:
- survivors
- eye witnesses
- emergency service personnel
- technical witnesses, and
- identification witnesses.
Policy and Guidance
England and Wales
All policing will be conducted within the bounds of the prescribed legal parameters. These parameters are based in statutes such as:
- Pubic Health and Safety Act 1997
- Transport and Works Act 1992
- Offences against the Person Act 1861
- Police and Criminal Evidence Act 1994
- Data Protection Act 1988
- Control of Substances Hazardous to Health Regulations 1994
- Health and Safety at Work Act 1974
- Article 85 on the Air Investigation Order 2000
- Common Law
- International Law
- ECHR HR 1998
- Manslaughter and Corporate Homicide Act 2007
An emergency involving work-related deaths (eg. train crash, chemical site incidents) will fall under the protocol agreed between the Health and Safety Executive, the Police Service and the Crown Prosecution Service in April 1988, which sets out the principles for effective liaison between the three agencies.
Scotland
Scotland – Crown Office and Procurator Fiscal Service (CPFS) Scotland's sole prosecution service
http://www.crownoffice.gov.uk/About [External website]
Northern Ireland
[TBC]
Roles and Responsibilities
One of the primary police responsibilities in response to an emergency is that of investigation, in conjunction with other investigative bodies if applicable. The role of the police in an investigation is to establish whether there is sufficient evidence to justify criminal proceedings. Where the emergency results in injury or death, the overall Incident Commander will immediately appoint a Senior Investigative Officer (SIO) to initiate a major crime inquiry. The SIO will work in conjunction with the Incident Officer, Senior Identification Manager (SIM) and any other legally-appointed investigative agency, assisting in the collation of evidence for the purposes of the investigation.
The Crown Prosecution Service (CPS) is a non-ministerial department of the government, responsible for the prosecutions of people charged with criminal offences in England and Wales. The CPS is headed by the Director of Public Prosecutions (DPP), answering to the Attorney General. The CPS is responsible for criminal cases beyond investigation (which is the role of the police). This involves advising the police on what charges to bring, authorising all but a very few simple charges, and preparing and presenting cases at Magistrates and Crown Courts.
The Department for Transport has three dedicated accident investigation branches, whose sole objectives are to determine the circumstances and causes of a transport accident and, where necessary, issue safety recommendations. These branches are the Rail Accident Investigation Branch (RAIB), the Marine Accident Investigation Branch (MAIB) and the Air Accident Investigation Branch (AAIB). They all form part of the DfT but are functionally independent.
There will also be MoD Boards of Inquiry following any serious military incident.
Any death in prison is investigated by the Office of the Probation and Prison Ombudsman.
Devolved Administrations
Wales
As Above
Scotland
[TBC]
Northern Ireland
[TBC]
Funding
England
Funding for police investigations – see Home Office.
Funding for transport investigations – Department for Transport
Wales
[TBC]
Scotland
[TBC]
Northern Ireland
[TBC]
Links to Other Topic Sheets
Case Studies (Incidents and Exercises)
[TBC]
Other Documents
Railways
Marine
Aviation
List of Contacts
Rail Accident Investigation Branch (RAIB) [External website]
Marine Accident Investigation Branch (MAIB) [External website]
Air Accident Investigation Branch (AAIB) [External website]
