Criminal Investigations by the Insolvency Service
by Camilla Rents | Criminal Defence Generally
If the Health and Safety Executive suspect that your business has been involved in a breach of health and safety law, they have the power to investigate and interview the owners, directors and relevant officers of the business. It is vital that the importance of the interview and investigation stage is not underestimated: The approach taken in these initial stages can have a significant impact on the outcome of a case and can be the difference between the decision of whether to prosecute, or not.
Old Bailey Solicitors have 20 years’ experience of advising clients facing both criminal and regulatory investigations. We understand the law and the tactics involved in the decision to co-operate with an investigation. The reputation of your business will almost always be at stake when the Health and Safety Executive are involved so contact a member of our Health and Safety Team at an early stage to give you and your business the best chance of success.
Sentencing Guidelines in relation to Health and Safety Offences came into force in 2016. The Guidelines increased the risks for individuals and companies convicted of Health and Safety Offences or regulatory breaches. Companies can face financial penalties which may put them out of business and individuals can face significant prison sentences. As such, it is imperative that specialist legal advice is sought as soon as possible before liability is accepted.
We understand that your primary aim will be to avoid prosecution and any reputational fallout from the Health and Safety investigation. Depending on the circumstances of your case, cooperation and negotiation may become powerful tools at your disposal and we can advise you of the best tactical approach from the outset. Contact a member of our Health and Safety Team for expert preliminary advice.
Old Bailey Solicitors have experience of advising individuals and companies facing Health and Safety Investigations and Prosecutions and will always fight our client’s corner robustly whilst keeping an eye on the business imperative.