The risk posed to companies, employers and the self-employed by failing to comply with ever more complex and onerous regulations of their business environment is difficult to overstate.
The Corporate Manslaughter and Corporate Homicide Act introduced a new offence, across the UK, for prosecuting companies and other organisations where there has been a gross failing, throughout the organisation, in the management of health and safety with fatal consequences. From April 2008, this Act will mean that those who disregard the safety of others at work, with fatal consequences, are more vulnerable to very serious criminal charges.
The offence applies to all companies and other corporate bodies, operating in the UK, in the private, public and third sectors. It also applies to partnerships (and to trade unions and employers’ associations) if they are an employer, as well as to Government departments and police forces. Mitigating the impact on company reputations, the implications for directors personally where serious breaches of regulatory law occur and reducing the management time involved in dealing with a regulatory crisis are all matters that require specialist advice which we can provide.
Morgan Rose are specialists in defending prosecutions brought under the Health & Safety at Work Act 1974, as well as allegations of gross negligent manslaughter and now offences created by The Corporate Manslaughter and Corporate Homicide Act 2007.
Year on year the powers afforded to Regulators to investigate and prosecute compliance breaches are galvanised. We can provide advice and representation to ensure compliance by companies in order to avoid intervention by a Regulator.
We also aim to be the first involved where a crisis occurs and where information may be demanded by the Regulator from management and staff in an unfamiliar environment for them. We will deal with investigators, manage disclosure and provide advice and assistance during interviews under caution or seek alternatives where possible. We understand the stress that such a crisis can cause to the individuals concerned and to corporate reputations. Our approach is to anticipate and mitigate the impact of these factors as far as possible protect businesses and personal lives from being compromised.
|