You will definitely have access to your statement if any court proceedings happen because they have to disclose their evidence. From memory discloser is supposed to happen early but can happen on the steps of the court. I would let them know this and see what happens. If you have concerns make another written record what happened while it is fresh in your memory and seek legal advice.

What sort of statement was it? The HSE should have made it clear before they took the statement what it was intended for. There are 3 types of statement they can get you to make: 1. A voluntary statement (section 9 of the Criminal Justice Act 1967) which is intended to give the authorities background information. It used to be called “helping the police with their enquires”. You won’t necessarily get a copy of this back. 2. A non-voluntary statement made under HSWA which CANNOT be used against you in court of law. 3. A statement under PACE( ie under caution) which they should have recorded (ideally on either audio tape or video) and they should have given you a copy then and there. This can be used against you in a court

You are not entitled to a copy of a section 9 statement. You can ask for a copy of a section 20 statement but only when the Inspector deems it suitable. It is HSE's policy to comply with requests but there are heavy caveats. If there is a chance that the statement could be released to others and interfere with the course of justice then you will not be given one and I caution anyone taking a copy surreptitiously as it could be consisdered as perverting the course of justice. It sounds like yours (nor the original poster) wasn't an interview under caution but a plain old section 9 witness statement. The Inspector does not have to tell you which statement he is taking. He only has to ask you if you are willing to make a voluntary statement. If you refuse, for example due to pressure from other parties, then he will explain his powers under Section 20 and use a different statement form. Only then does the need arise for an explanation into the different types of statement. If you are interviewed under caution you will likely have been given plenty of written warning in advance and asked if you want to be represented or have legal advice beforehand. Although interviews under caution can be written down as a contemporaneous note, this is rarely done. If it was indeed an interview under caution then the Inspector would have allowed you to copy the contemporaneous note unless there were others who were to be interviewed in the same manner. Most likely, if the Inspector needed to keep your statement from others he wouldn't have left it out of his sight. Sometimes there is no issue with giving people copies of their statements. Sometimes they may refuse if they think that you have been put under pressure by your employer to reveal the contents of your statement. However, the question remains... Why do you want a copy of your statement straight away?

There is a great deal of confusion as to if a section 9(voluntary statement) can be used against you in court). Lawyers I have spoken with say it should not be and the guidance from the CPS to prosecutors says it should not be either but I keep hearing stories of such statements being used in evidence against the party that made them. See https://www.cps.gov.uk/l...dence_under_the_cja/#a03 This seems to make a distinction between a section 9 statement which is just evidence and a section 10 statement which is an admission. I have been interviewed(by the HSE) under Section 9 and it is not fun

Yes - there does seem to be some confusion. An interview under caution or PACE interview is offered (HSE "invites" to a PACE interview and chooses not to exercise the powers to arrest which were given to all enforcing authorities with a change in the law a while back) where there is a a suspicion of an offence being committed. You cannot choose to be cautioned as a witness. HSE routinely record interviews under caution on CD nowadays so a copy is always available straight away. Before CD's were used, you had to write to request a copy if you wanted one before disclosure (now called initial details). The term "used against you" in a section 9 statement is misleading. The statement contains a signed declaration of the truth. HSE's website confrims: "the statement contains a declaration by the maker that it is true to the best of his/her knowledge and belief and that it was made knowing that, if it were tendered in evidence, the maker would be liable to prosecution if s/he wilfully stated in it anything which he knew to be false or did not believe to be true" So, you could be committing perjury if you lie. If there was anything in any witness statement, S9 or S20 that incriminated you, it still cannot be used against you. You then become a suspect and have to be offered an interview under caution. If this happens while being interviewed by HSE, the Inspector will stop the process - it the statement has no evidential value as you have not been cautioned. There is an option to caution then and there and take a written contemporaneous record but HSE's guidance is that legal advice is sought by the suspect first. A section 20 statement contains a declaration that it cannot be used against the person or spouse. Again, this refers to the subject of perjury and not to the question of whether you are a suspect of an H&S offence. If you say anything that incriminates you during a witness interview the Inspector would not carry on for the reasons I've explained above. HSE generally only use this where an employee may face discrimiantion for revealing evidence voluntarily. The idea is that if they are compelled then the company should not victimise them for it. It may seem sensible to always ask for a section 20 statement but there are benefits to having a section 9 statement over a section 20. If you give a section 9 statement you may not have to attend court if your statement is not in dispute but section 20 statements are not admissible and are treated as hearsay evidence. The court will also be informed that you were not willing to give a voluntary statement and that may affect the way you are treated (from my experience although others may disagree). Some companies or defence solicitors may instruct employees to refuse a voluntary statement. However, this may benefit the company marginally but certainly does not benefit the individual. Unless you know you are going to lie...... and you may eventually have to lie on oath in any event so can still perjure yourself!

Its certainly fair to say that if you don't know whether you were giving a statement as a witness OR being interviewed as a suspect (or representing your employer who was a suspect) ... then the Inspector was not doing a great job. It would be exceptional indeed for an interview under caution to be written down as you have described. Its simply way too much work for a start...and subject to inaccuracy. Still. Not impossible or illegal to do so - what do I know? ;) However if you were producing a signed page by page statement that still sounds like a witness statement to me by all the norms of investigation. God knows why they were mentioning the caution...? Sounds to me like the original poster was producing a witness statement too - probably concerning job role, management arrangements...what you found during your internal investigation etc. and/or producing a copy of your investigation report as an exhibit.

Is there a justifiable reason why you need to see a copy before a decision is made on whether there is going to be a prosecution?