Our speakers will talk about the importance of the initial 48-72 hours of a Police/HSE investigation. It is essential a duty holder`s interests are protected at this crucial stage of the investigation, which need to be carefully balanced with the underlying duty – and need – to cooperate with the investigating authorities. We will discuss the importance of establishing and preserving privilege and undertaking an early investigation.
The approach taken during this early stage of the investigation and going forward can have a significant impact upon the likelihood of a prosecution by the Police and HSE. A carefully considered and adopted approach will have an impact on the prospects of avoiding enforcement action and successfully defending a prosecution, as well as impacting on any future sentence in the event of a guilty plea or verdict.
LEARNING OBJECTIVES
By the end of the session delegates will understand:
- The likely response of the Police and regulatory authorities to fatal and serious accidents at the workplace.
- The practical steps that should be undertaken immediately following an accident and the benefits of obtaining early advice
- The potential pitfalls and the consequences of getting things wrong
About the speakers
SALLY HANCOCK
Partner, BLM
sally.hancock@blmlaw.com
Sally is Head of the Manchester Health and Safety Regulatory Team and Operational Lead Partner of the national team.
She has many years’ experience working with corporate clients, public bodies and individuals and regularly provides advice and representation from the immediate aftermath of a fatality through to inquest hearings and prevention of future deaths issues. She is regularly instructed in relation to high profile and complex inquest hearings, including jury inquests and ones in which Article 2 is engaged.
Sally has a strong reputation in this field and is known for her sympathetic yet proactive approach. She ensures her clients can continue to operate effectively wherever possible whilst protecting their business interests, including reputation and publicity management.
PETER JAMES
Partner, BLM
peter.james@blmlaw.com
Peter heads up BLM’s Health, Safety and Regulatory team in London. He specialises in crisis management following fatal accidents at the workplace and involving members of the public.
He is often instructed immediately following accidents, providing advice on the initial investigation, dealing with the police and the Health and Safety Executive, and advising on reputational and media management. He attends interviews under caution conducted by the Police and regulators including the Health and Safety Executive. Peter has a particular interest in legal professional privilege and has spoken on the subject at seminars and workshops on many occasions.
ROD HUNT
Partner, Clyde & Co
rod.hunt@clydeco.com
Rod is a partner in Clyde & Co’s nationally recognised Safety, Health and Environmental (SHE) Regulatory team. With over twenty years’ experience in this area, Rod regularly represents individuals and businesses from all industry sectors under investigation – including at police interviews under caution – and prosecution by regulators such as the Health and Safety Executive, the Police, the Environment Agency, Trading Standards, local authorities, the Fire Service and water utility companies.
Rod also provides ‘upstream’ compliance advice working closely with clients’ SHE and legal departments. Ranked in both Chambers and Partners and Legal 500, Rod is highly rated as a lawyer who “stands out as offering commercial, sensible and accomplished advice” and who is “masterful on the tactical nuances of the case and very astute in terms of keeping options open for the client”. Rod is retained as partner of choice by a significant number of FTSE100 and global businesses in relation to their most high profile and sensitive matters which are often reported in the national press.
