HL Deb 07 May 2003 vol 647 c141WA
Lord Berkeley

asked Her Majesty's Government:

Further to the Written Answer by the Lord Falconer of Thoroton on 22 April 2002 (WA 10), whether British Transport Police and Lincolnshire Police have completed their investigation on the incident of a car attempting to drive over a nonexistent railway bridge at Nocton; and whether the Health and Safety Executive has made a decision about prosecuting Lincolnshire County Council for failing to provide warning signs about the non-existence of the bridge. [HL2644]

Lord Macdonald of Tradeston

A joint investigation between the British Transport Police and the Lincolnshire Police resulted in an advice file being submitted to the Crown Prosecution Service (CPS) who, after receiving advice from independent counsel, concluded that there was insufficient evidence for criminal proceedings. The Health and Safety Executive (HSE) does not intend to prosecute Lincolnshire County Council for failing to provide warning signs near the bridge at Nocton because in this case, as in most other road traffic accidents, investigation is undertaken by the police and any prosecution by the CPS, not the HSE.