HSE – Fees For Intervention > Tim Hayes Compliance Counsel

In the Dock for “Corporate Crime” >

Recap - The current position > “Where an offence is committed by company is proved to have been committed with the consent, connivance or any neglect of any director, manager, secretary or other similar officer of that company then the person shall be guilty of an offence” Section 37 Health and Safety at Work etc Act 1974

Consent > Awareness of the state of affairs and Agreeing to it continuing

Connivance > Awareness of the state of affairs Doing nothing to stop it

Neglect > No knowledge of the actual facts required Director / Manager should have known what was going on and taken steps to prevent it continuing

Enforcement Policy > Enforcing Authorities should identify and prosecute or recommend prosecution of individuals if they consider that a prosecution is warranted. In particular, they should consider the management chain and the role played by individual directors and managers. Health and Safety Executive

Health and Safety penalties > Director’s Disqualifications Penalties Magistrates’ Court5 Years£20, months prison sentence Crown Court15 YearsUnlimited fine + 2 years prison sentence

Director’s disqualification >

Health & Safety – Fees For Intervention > What is FFI ? Who can enforce it? Who does it apply to? What will it cost me? How do I avoid it !

What is FFI? > Cost Recovery First identified contravention Must be a ‘material breach’

What will it cost me? > £124 per hour Charge continues (a) remedy of breach (b) prosecution What can they charge for? How do they calculate charges?

How do I challenge an invoice? > Raise dispute within 21 days Invoice Query Level 1 Level 2 Costs of dispute?

Level 1 > HSE Senior Manager - have you been appropriately notified? - was there a material breach? - was the work done recoverable? - was time taken appropriate? - are the costs reasonably incurred?

Level 2 > - Lodge within 10 days of Level 1 outcome - Set out in writing; include your evidence - Reasons disputing HSE Manager’s decision - Panel decision - includes non-HSE member

Additional Costs! > - Failure at Level 2 - consequence - Payment due within 10 days of outcome - Additional invoice

Learn from other’s mistakes… >

Keep Learning….. >

Don’t Forget Those Lessons….. >

Ever ! >

Legal Privilege Interview under caution

2 Legal Privilege What is it? Who does it apply to? When can I rely upon it? ttgtg

3 Is the communication confidential? Does the communication relate to a specific, adversarial, legal dispute – actual or contemplated? Was the communication made for the dominant purpose of the litigation? Privilege – document not disclosable Is the communication between lawyer and designated client? Is the communication about advice as to what should be done in the relevant legal context? No privilege – document potentially disclosable Diagram showing at a glance whether or not a particular communication is protected by privilege. Is it privileged? No Yes No No Yes No

INTERVIEW UNDER CAUTION Squeaky b*m time? But I’ve not been arrested..... Immediate action? ttgtg

INTERVIEW UNDER CAUTION - ttgtg Not the right answer? Try Yahoo Search Search: Caution interview......s*** !

INTERVIEW UNDER CAUTION ttgtg “All I will say is that answering "no comment" is not always best for you and can land you in more trouble, despite what some people may say. Speak to your solicitor”. Source: ttgtg

INTERVIEW UNDER CAUTION “A known tactic is to bug the interview room-hope you may say something incriminating then come back in with the classic line 'there's something else we need to speak to you about' which will unsettle you. Don't forget to take a legal representative with you”. Source(s): Country Girl Deputy “Been in more than my fair share of police interviews so i know all of their little tricks”.

INTERVIEW UNDER CAUTION “When cops interview you they are sneaky little fakers. Their going to try and make you say yes and make you admit to it by changing their words around so they catch you in a lie. Best bet is to just say NO TO EVERYTHING. Just stay calm as well. If they see you getting tense or uncomfortable there gonna go at you harder. If you have a co-conspirator (someone that did the crime with you) they will say to you that so and so already told them it was your fault. Don't believe them. Its just their way of getting you to confess. Good luck man :)” ttgtg

INTERVIEW UNDER CAUTION Source: Sweet Pea (1 year in jail) ttgtg

INTERVIEW UNDER CAUTION Establish why? Voluntary (s.9) Compulsory (s.20 HSWA) On tape / written record? ttgtg

INTERVIEW UNDER CAUTION Interview by letter/correspondence Right to legal representation Pre-interview disclosure Right to silence? Powers of arrest ttgtg

INTERVIEW UNDER CAUTION Should you attend? Who is best placed to attend? Preparation is key - disclose documents? Strategy - robust, apologetic? ttgtg

counsel.co.uk Contact

14 Interview Training wwf8uVx2tyM&sns=em