In serious, cases the RTA may begin criminal proceedings against an individual or corporation in the magistrates court. Prosecutions can only be pursued for an offence that occurred in the past 2 years.

There is a two-tiered test applied in determining whether a prosecution should proceed:  

• whether there is sufficient evidence to prove the matter beyond reasonable doubt, and
• whether prosecuting the matter is in the public interest.  

There is also governance over the approval of the decision to prosecute. This reflects the high level of time and cost commitment that the RTA incurs in proceeding to a prosecution. 

Previous RTA prosecutions  

Some previous prosecutions undertaken by the RTA can be found below