POTTERS BAR CONTRACTOR PROSECUTION HALTED

ORR decides announces that prosecution of Jarvis Rail not in public interest

The Office of Rail Regulation (ORR) has confirmed that it will not proceed with the prosecution of Jarvis Rail Limited over the Potters Bar derailment.

ORR has concluded that, whilst there is sufficient evidence, prosecution would no longer be in the public interest. In coming to this decision the regulator has taken account of a number of factors, including:

  • the changed nature of any future trial – Jarvis’s administrator’s have advised that they would take no part in any proceedings, while Network Rail has pleaded guilty. Under these circumstances, continuing proceedings against Jarvis would mean any trial would involved Jarvis alone;
  • a trial of Jarvis alone would be lengthy and costly. If convicted only a small financial penalty would be imposed and it would delay the conclusion of the proceedings against Network Rail; and
  • members of the victims’ families expressed the view that there was little value in continuing the prosecution.

The next hearing of the proceedings against Network Rail will take place at St Albans Crown Court on 30 March when a provisional date for the sentencing of Network Rail should be set.

This article was posted on 23rd March 2011 in ALL LATEST NEWS, PROSECUTIONS, PUBLIC RISK.
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