health and safety prosecution
the challenge:
Advising a local authority on a health and safety investigation
and subsequent prosecution following an employee accident in the
waste department; in particular advising on the most effective
approach to interview under caution, how best to prepare for the
interview and how to achieve the best possible outcome from the
subsequent prosecution.
our approach:
Thorough preparation was vital. We sought as much disclosure as
possible from the Health & Safety Executive
(HSE) regarding the questions for interview. We interviewed
key members of staff at the authority and prepared a focused
response document for the interview exercise. Once a decision had
been taken to prosecute, we negotiated with the HSE to ensure a
fair summary of the facts before the court and prepared a detailed
mitigation with the aim of reducing the penalty following a guilty
plea.
the results:
The combination of a strong interview under caution and
subsequent negotiations with the HSE persuaded them to present a
limited case before the court. The fine imposed by the court was
approximately 10% of the available maximum and our strong
mitigation resulted in balanced public comment from the court
during sentencing.