An introduction to the importance of relevant evidence in crime

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An introduction to the importance of relevant evidence in crime

Other organisations have agreed to abide by the WRDP, or have been made aware of the its principles.

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Introduction 1 This OC provides guidance on work-related deaths and liaison with the police, CPS and other enforcement authorities. The English and Welsh version, Work-Related Deaths - A Protocol for liaison was introduced in in England and Wales after it was recognised that there was a need for investigating and prosecuting authorities to engage with each other and to share information and best practice.

Scotland introduced its own version, Work-related deaths - A protocol for liaison in October The Protocol has been amended and the principal changes in the edition include: It should be noted that the MHRA is made up of a number of divisions, and it is only the Medical Devices Division that has become a signatory.

The differences are principally about the prosecution and fatal accident inquiries processes, and how the role of the COFPS differs from the role of the CPS. The NLC monitors the performance of the WRDP, and makes suggestions for improvements as necessary to ensure its continued effective operation.

Local liaison groups, which support the NLC, meet regularly to discuss issues of mutual interest and concern from a local standpoint. A local liaison group has been set up in Scotland comprising of representatives of the four signatory organisations.

Both these organisations had previously agreed to abide by the principles of the Protocol without becoming full signatories.

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Memorandums of Understandings entered into between HSE and these, and other, organisations exist to promote joint co-operation and to minimise duplication of effort. The Protocol — Statement of Intent 12 The Protocol sets out the principles for effective liaison between the organisations responsible for investigating work-related deaths including deaths within the signatory organisations.

Its intention is to ensure that investigations of work-related deaths are thorough, appropriate, with clear decisions on primacy and direction.

HSE Involvement 13 The Protocol refers to investigations being conducted jointly, with one of the parties taking the lead, or having primacy, as appropriate.

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The police will, in most circumstances, assume primacy where manslaughter is suspected. This does not mean the police should investigate alone, or that only manslaughter, or other serious offences other than health and safety offences should be investigated.

Where the police have primacy they will also have responsibility for the management of the overall investigation.

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However HSE, and other relevant authorities, should remain actively involved in key decisions, such as: The investigation of any health and safety offences should proceed in parallel with the police investigation of manslaughter.

The aims of this joint investigation will include: The exceptions, where HSE is likely to be involved and possibly to have primacy, include fatal incidents involving the carriage of dangerous goods, work vehicles manoeuvering in, out and in close proximity to the work premises or other work on or near the public highway, such as construction or roadwork activities.

If an investigated incident involves the police as a duty holder, a separate police force may be asked to investigate.

In Scotland, the PF has a duty to investigate cases of possible criminal offences by the police. For serious cases the fiscal is likely to ask another police force to carry out the investigation.

This does not affect the principles of liaison in the Protocol in any way. HSE will continue to liaise, under the terms of the Protocol, with whichever force is investigating manslaughter, or homicide, or other charges in relation to the death. There may be cases where there is no separate investigating police force, or cases involving the Independent Police Complaints Commission IPCCor internal police disciplinary or criminal investigations.

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Whatever form these take, we should ensure that possible health and safety offences are properly and promptly investigated, and we would maintain the liaison and joint-management principles of the Protocol, and liaise with whoever is conducting any criminal inquiry, as envisaged by the Protocol.

Deaths in health care 18 Since 1 Aprilthe Care Quality Commission CQC has taken the lead role for patient and service user health and safety in health and adult social care in England. These changes do not affect Wales and Scotland. Deaths in premises used for healthcare, or during medical care, can be particularly complicated, and there may be a number of interested investigation bodies, regulators and enforcers.

These organisations can change, and merge, over time and if there is any doubt or concerns over the roles and responsibilities of these organisations then advice may be sought from the Public Services Sector.

The Medical Devices Division has a role in investigating fatal and non-fatal accidents. It has powers under the various Medical Device Regulations.

An introduction to the importance of relevant evidence in crime

It can have non-compliant products or unsafe devices removed from the market, as well as prosecute manufacturers for breaches of the various Medical Device Regulations.

It provides a practical step-by-step approach with its main focus on the duties of the first person attending the scene - which, in most cases, will be the police. Of particular relevance to HSE are the actions required of the officer listed in Part 2 below.

Initial action at scene 22 The police officer first attending the scene of a work-related death will, subject to any ongoing emergency service or rescue activity:Suggested Citation:"7 Sociocultural Dimensions of Immigrant Integration."National Academies of Sciences, Engineering, and Medicine.

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