Originally Posted by
tucumseh
dragartist/JTO
not realising MoD had withheld evidence that revealed MoD's greater offences.
I think I posted about this point once before. HMG cannot be prosecuted for alleged offences of the HSE, because the law does not apply to the Crown.
Ergo although MOD may have commited sins, it has not committed any offences.
Crown Immunity from Criminal Liability
Action in the criminal courts is taken 'on behalf of the Crown'. Statute law is approved by the Crown (Royal Assent).
It would, it is said, be strange for the Crown to prosecute itself and this is the basis for the Crown being 'immune' from prosecution for criminal liability.
The Crown is not, however, 'immune' from the requirements of health and safety legislation generally. All of these duties are placed on the Crown just as on any other employer. The only difference is what action can be taken under criminal law if the Crown fails in its duties.