HC Deb 16 June 2004 vol 422 c955W
Mr. Dismore

To ask the Solicitor-General if she will make a statement on the work to date of the Crown Prosecution Service in respect of the Potters Bar Rail accident; and what further work she envisages the CPS undertaking. [177811]

The Solicitor-General

A joint investigation by the British Transport Police and the Health and Safety Executive into the causes of the rail accident began immediately after the derailment on 10 May 2002. The police led this investigation due to a suspicion that a serious criminal offence caused the deaths, and between June 2002 and March 2004 the Crown Prosecution Service worked closely with the police advising them on the evidence submitted and to be obtained.

In March 2004, the lead in the investigation transferred to Health and Safety Executive investigators, as no evidence of a deliberate criminal act or gross negligence causing the deaths had been established against any individual. The emphasis of the investigation is now on systems and procedures, areas that fall within the specialist skills and experience of these investigators.

At the conclusion of their inquiries, the Health and Safety Executive will review the evidence and reach a prosecution decision. The Crown Prosecution Service is on hand to advise the police, but only if evidence of a serious criminal offence comes to light would the case be passed back to the Crown Prosecution Service to consider.