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1 October 2009 So you want to interview my client – a legal update presentation to CIEH by the Business Defence Team Greenwoods Solicitors LLP © Greenwoods.

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Presentation on theme: "1 October 2009 So you want to interview my client – a legal update presentation to CIEH by the Business Defence Team Greenwoods Solicitors LLP © Greenwoods."— Presentation transcript:

1 1 October 2009 So you want to interview my client – a legal update presentation to CIEH by the Business Defence Team Greenwoods Solicitors LLP © Greenwoods Solicitors LLP All slides copyrighted to Greenwoods Solicitors LLP

2 All slides copyrighted to Greenwoods Solicitors LLP What do you want from today? All slides copyrighted to Greenwoods Solicitors LLP

3 Prosecutions by HSE 2007/8  1137 prosecutions  82% conviction rate  Average fine £12,896 (excluding very large fines)  All slides copyrighted to Greenwoods Solicitors LLP

4  354 prosecutions  94% conviction rate  Average fine £7,663 (excluding large penalties) All slides copyrighted to Greenwoods Solicitors LLP Prosecutions by Local Authorities 2007/8

5 BreachMagistrates CourtCrown Court HSWA£20,000 fineUnlimited Fine Regulations£20,000 fineUnlimited Fine All slides copyrighted to Greenwoods Solicitors LLP Penalties All slides copyrighted to Greenwoods Solicitors LLP

6  You could spend up to two years in prison for offences such as failing to comply with an enforcement notice All slides copyrighted to Greenwoods Solicitors LLP Penalties (2) All slides copyrighted to Greenwoods Solicitors LLP

7 The range of options These include:  taking no action  a verbal warning  a letter/inspection form  an Improvement Notice  a Prohibition Notice  a formal caution  a prosecution All slides copyrighted to Greenwoods Solicitors LLP

8  What are my powers?  Authorisation  Scheme of delegation  Council Minute  Acting beyond your authority – ultra vires All slides copyrighted to Greenwoods Solicitors LLP Enforcement

9 An Inspector calls  Formal caution  Interview  Photos  Inspection  Evidence  Seizure of equipment  Notes What do you do? All slides copyrighted to Greenwoods Solicitors LLP

10 Investigation Strategy  Any internal investigation  Review company protocols  Collate your additional evidence All slides copyrighted to Greenwoods Solicitors LLP

11  Under Section 20 HSW  An individual who is a potential witness – Section 9  Under caution – PACE interview All slides copyrighted to Greenwoods Solicitors LLP Interviews

12  It is an offence to fail to answer an Inspector's questions  Interviewee is entitled to have a nominated person present  Are you using the right forms?  Fundamental error if you combine Section 20 and/ or section 9 voluntary statements or PACE interviews – beware! All slides copyrighted to Greenwoods Solicitors LLP Interviews section 20

13  No obligation to give a Section 9 Statement  It is purely voluntary  Witnesses can have someone with them when they are making a statement All slides copyrighted to Greenwoods Solicitors LLP Interviews – section 9 statements

14 “You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in Court. Anything you do say may be given in evidence” All slides copyrighted to Greenwoods Solicitors LLP

15  A company can only speak through its officers  Large organisations will not routinely authorise a manager or director – why?  answers bind the business  will not have all the facts of the incident  will not have access to the safety information that you need All slides copyrighted to Greenwoods Solicitors LLP Interviewing a company

16  Voluntary interview  Take ego out of the equation  Written PACE questions  Timeframe for answers – bigger businesses need longer  Ask additional questions via a second letter All slides copyrighted to Greenwoods Solicitors LLP Interviewing a company

17 Kathryn Gilbertson Robert Starr Greenwoods Solicitors LLP Monkstone House, City Road, Peterborough PE1 1JE T F E W All slides copyrighted to Greenwoods Solicitors LLP

18 1 October 2009 So you want to interview my client – a legal update presentation to CIEH by the Business Defence Team Greenwoods Solicitors LLP © Greenwoods Solicitors LLP All slides copyrighted to Greenwoods Solicitors LLP


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