HSE – Fees For Intervention > Tim Hayes Compliance Counsel

HSE – Fees For Intervention >

Tim HayesCompliance 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’ Court 5 Years £20,000+12 months prison sentence

Crown Court 15 Years Unlimited 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 PrivilegeInterview under caution

2

Legal Privilege

What is it?

Who does it apply to?

When can I rely upon it?

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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

YesNo No

Yes

Yes

No

No

No

Yes

YesNo No

INTERVIEW UNDER CAUTION

Squeaky b*m time?

But I’ve not been arrested.....

Immediate action?

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INTERVIEW UNDER CAUTION

-

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Not the right answer? Try Yahoo Search

Search: Caution interview......s*** !

INTERVIEW UNDER CAUTION

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“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:

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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 :)”

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INTERVIEW UNDER CAUTION

Source: Sweet Pea (1 year in jail)

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INTERVIEW UNDER CAUTION

Establish why?

Voluntary (s.9)

Compulsory (s.20 HSWA)

On tape / written record?

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INTERVIEW UNDER CAUTION

Interview by letter/correspondence

Right to legal representation

Pre-interview disclosure

Right to silence?

Powers of arrest

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INTERVIEW UNDER CAUTION

Should you attend?

Who is best placed to attend?

Preparation is key - disclose documents?

Strategy - robust, apologetic?

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timhayes@compliance counsel.co.uk

Contact 07825 007 184

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Interview Training

http://www.youtube.com/watch?v=wwf8uVx2tyM&sns=em