How many of you agree with the following statement? “I don’t need to read this.  I’m not a criminal.It’s only the long term unemployed and benefit scroungers who need a criminal solicitor” Probably quite a few of you, Chris Loach who is the Criminal and Regulatory Offences Partner at Enoch Evans LLP deals with a lot of Criminals but also deals with a lot of Directors, Managers and Health and Safety Officers.

The Company Director knows that he can be personally responsible if the Company breaches legislation, but does he know that a prosecution can be brought by the Health and Safety Executive, the Environment Agency, Trading Standards Department, VOSA, Customs & Excise, The Inland Revenue and the Department of Trade and Industry among others.

The Health and Safety Officer believes that surely he hasn’t got any personal responsibility, he knows he is officially the Health and Safety Officer and there is even a Health and Safety Policy somewhere, as well as some risk assessments for some of the work his company does.  There have been a couple of accidents but he doesn’t think they were reportable. He has heard about Corporate Manslaughter but presumes they will prosecute the company rather than him as an individual. He wonders if they can do both? 

The Manager of the vehicle manufacturer got rid of all his scrap to that chap who came round.  He said he had a waste disposal licence. He is also slightly behind with VAT records and the books need a little tidying up but they are basically all there. His accountant has mentioned the tax liability but until someone tells him he hasn’t got enough money to pay his outgoings, he is just going to carry on trading.
 
The Retail Director only ever sells branded goods in her stores if they are told they are genuine. She believes the only complaints they get are from trouble makers. 

The Transport Manager of the truck depot only has a few vehicles.  He knows the maintenance is a bit behind and has heard a rumour about fiddling the tacho’s but believes that if the drivers do that that’s their problem. Anyway, most of the drivers are Foreign Nationals and presumably won’t be covered by their employment legislation. He knows they are foreign because he saw some of their passports before employing them.

The same truck depot has a book to record the person who drives the vehicles; the drivers themselves usually fill this in. The owner has replied to the speeding camera notices which were sent but can’t see a problem in withholding the driver’s name.

All of these Directors, Managers, and Health & Safety Officers have been contacted by the prosecuting authority and have kept all of the letters asking them to attend for interview.  However they are being ignored because they were sent to the Company Secretary who has since resigned!!
 
It is not just the criminal classes that need a criminal Solicitor, fortunately Enoch Evans LLP have wide ranging experience in advising, dealing with investigations and representing at Court proceedings for both companies and individuals.

The Criminal and Regulatory Offences Department can be reached after hours on 07836 289 425 or by contacting the department.

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