The Fire Authority will use discretion in deciding whether to bring a prosecution and the recommendation to prosecute will be taken following consultation with appropriate Fire Safety Officers. 

The requirement for authorisation to prosecute is laid down in the Constitution of Mid and West Wales Fire Authority. The decision to prosecute is not taken lightly and will take account of the evidential test and the relevant public interest factors set down by the Director of Public Prosecutions in the Code for Crown Prosecutors (opens in new window/tab). No prosecution may go ahead until the Fire Authority is of the opinion that there is sufficient evidence to provide a realistic prospect of conviction and decides that prosecution would be in the public interest.

Here you will find examples of prosecutions of persons who have failed to comply with their duties under the Regulatory Reform (Fire Safety) Order 2005  (opens in a new window/tab).​