If your business becomes the subject of a health and safety investigation carried out by the Health and Safety Executive (HSE) or a local authority, investigators will use a range of methods to uncover unsafe working practices. The tools at their disposal include interviews under caution, with evidence gathered during these often proving fundamental when a decision is subsequently made on whether to pursue criminal prosecutions. A lawyer from Wilford Smith’s Regulatory and Compliance Team can take instructions from the earliest stage of an investigation, attending at any interview to provide essential guidance at this time and to make sure that you are able to make the most robust defence to any allegations of health and safety breaches.
Interviews that take place under caution have particular significance, and for this reason it is essential that an interviewee has a legal representative in attendance. During such interviews, any information you provide will be recorded and a transcript will be made available to the court if a prosecution is forthcoming. If you subsequently tell the court something that supports your defence, but you did not mention this during an interview, adverse inferences may be drawn. Wilford Smith’s Regulatory and Compliance Lawyers can provide guidance on how to protect your position and to offer the most robust defence possible.
Contact our Regulatory and Compliance Solicitors in London, Sheffield and Manchester
Our Regulatory and Compliance Teams are based in London, Sheffield and Manchester and assist clients throughout England and Wales. Contact us today on 0808 164 1349 to find out how we can help.