The Health and Safety Executive (HSE) has authorised the maximum sanction available for the Ministry of Defence (MoD) after two soldiers were killed and two others injured in a tank explosion in south-west Wales. Corporal Darren Neilson, 31, and Corporal Matthew Hatfield, 27, died when an L30 gun exploded on a Challenger 2 tank at Castlemartin Range, in Pembrokeshire, on June 14 2017. During the incident, a further two soldiers were injured, with one left with life-changing injuries.
HSE Authorises Crown Censure and Prosecution
Nine years on, the HSE has said it has authorised a Crown Censure of the MoD, and the prosecution of defence contractor Rheinmetall BAE Systems Land Ltd. The firm was responsible for producing the safety case for the tank and gun while the MoD held ultimate responsibility for the health, safety and welfare of its soldiers, and for the suitability and sufficiency of the safety case, HSE said. The MoD cannot face prosecution in the same way as private or commercial organisations and a Crown Censure is the maximum sanction a government body can receive.
Legal Proceedings and Charges
Following an investigation by HSE inspectors, a file was passed to HSE's legal services division for review, which in accordance with the Code for Crown Prosecutors has authorised: a Crown Censure against the Ministry of Defence for allegedly failing to ensure the health, safety and welfare of soldiers, under Section 2 of the Health & Safety at Work etc Act (1974); and a charge against Rheinmetall BAE Systems Land Ltd (formerly BAE Systems Global Combat Systems Ltd) for allegedly failing to ensure the health and safety of persons not in its employment, under Section 3 of the Health & Safety at Work etc Act (1974).
A Crown Censure is a formal procedure used by the HSE in the UK to officially reprimand government bodies and Crown employers (such as the Ministry of Defence or Prison Services) for serious health and safety breaches. Neither the authorisation of criminal charges nor a Crown Censure represents a finding of guilt. Following the decision to issue a Crown Censure, a formal hearing will take place. The Crown Censure of the MoD and criminal charges against Rheinmetall BAE Systems Land Ltd are separate proceedings.
