Facing a Prosecution?
When the HSE carry out an investigation they will compile a report with a view to considering a matter for prosecution. During the investigation stage a HSE inspector will:
- Interview suspects
- Collect witness evidence
- Collect physical evidence
- Obtain expert evidence, if necessary
- Determine the status of workers
It is crucial that you seek legal advice if you believe there is even the slightest chance of a prosecution being brought against you. The following are cases where a prosecution is likely to be sought:
- Where an individual has been killed due to a breach of health and safety legislation
- Where an injury to an individual is severe
- Where there is evidence of poor compliance with health and safety regulations
- Where there are low standards of safety management
- Failure to comply with an Enforcement Notice
- Evidence of deceit
- Obstruction of an inspector during an investigation
A HSE Approval Officer will decide whether a matter commences to prosecution. The Approval Officer will consider whether there is sufficient evidence available and whether it is in the public interest to prosecute you.
We can Help
At Ison Harrison Solicitors, we will conduct your case on your behalf should you face prosecution, we will provide you with specific advice based on your circumstances and will deal with the day to day administration of the case. The Head of our Regulatory Law Department, Ian Anderson, will ensure that your matter runs as smoothly as possible and will represent your interest at any hearings.
Our team of health and safety solicitors can be contacted directly on 0113 284 5062 or by e-mail. If you have any queries do not hesitate to contact Ison Harrison Solicitors.