The Health and Safety Executive has authorised the maximum sanction available for the Ministry of Defence (MoD) after two soldiers died and two others were injured in an explosion.
Cpl Darren Neilson, 31, and Cpl Matthew Hatfield, 27, died when an L30 gun exploded on a Challenger 2 tank at Castlemartin Range, Pembrokeshire, on 14 June 2017.
Two other soldiers were injured, including one who was left with life-changing injuries.
The Health and Safety Executive (HSE) said it had authorised a Crown Censure of the MoD and the prosecution of defence contractor Rheinmetall BAE Systems Land Ltd.
Neither the authorisation of criminal charges nor a Crown Censure represents a finding of guilt, HSE said.
Rheinmetall BAE Systems Land Ltd 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.
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:
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A Crown Censure against the MoD for allegedly failing to ensure the health, safety and welfare of soldiers, under Section 2 of the health and safety act.
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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 and safety act.
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.