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The Health and Safety Executive (the “HSE”) operates a Fee for Intervention cost recovery scheme (“FFI”), which came into force on 1 October 2012. FFI was introduced to reduce the amount of public funding spent by the HSE, and to shift certain costs to dutyholders. If upon an inspection an HSE inspector identifies a material breach of health and safety legislation they are entitled to issue an FFI invoice to cover the costs of its…
The Definitive Guideline for Health and Safety Offences, which came into force on 1 February 2016 (2015 Guideline), must be applied when sentencing cases in England and Wales. Being separate and distinct legal jurisdictions, the courts of Scotland and Northern Ireland are not bound to follow the 2015 Guideline. Historically, Scottish courts have still recognised the relevance of the Sentencing Council’s (England and Wales) guidelines, including the Corporate Manslaughter & Health and Safety Offences Causing…
Brexit must be carefully-engineered to safeguard industry and secure new trade opportunities.  This report points to new findings showing that just 5% of British adults think that loss or damage to the UK manufacturing sector is a price worth paying for leaving the EU. And, while acknowledging that the Government faces a difficult balancing act between free trade and free movement of workers, it warns against rushing through a ‘clumsy’ Brexit plan that could do…
The Serious Fraud Office (SFO) has published new guidance on the presence of lawyers at section 2 interviews in criminal investigations conducted under section 2 of the Criminal Justice Act 1987, typically with potential witnesses. The SFO guidance follows the decision of R (Lord and Others) v SFO[1], in which it was ruled that the SFO had been entitled to exclude lawyers, acting for a company under investigation, from also representing employees of that company…
On September 25 2015, Brand-Rex Limited, a Scottish network cabling company, entered into a civil settlement with the Scottish Crown Office, admitting that the company had failed to prevent bribery and had received an improper benefit in violation of Section 7 of the Bribery Act 2010, which applies to the whole of the United Kingdom. This was the first settlement for a Section 7 infringement of the Bribery Act and the third corporate self-report…
The United Kingdom’s regime against bribery, corruption and fraud is operating in a new landscape following the introduction in August 2015 of the International Corruption Unit (ICU), a new governmental agency created under the auspices of the Department for International Development (DFID). The latest step in the clampdown on nefarious business practices came as the Serious Fraud Office (SFO) gained more impact with a series of successes. In this climate, businesses need to beware of…
The UK Anti Corruption Plan, which was published in December 2014 under the 2010 to 2015 Conservative and Liberal Democrat coalition government  brings together, for the first time, all of the United Kingdom’s activity against corruption in one place.  It sets out the actions that government will take to: make it harder for criminals in the UK to use corruption to carry out their crimes; strengthen the integrity of institutions across the public and…
The new obligation on commercial organisations over a certain size to publish a slavery and human trafficking statement has come into force today. There will, however, be transitional provisions to allow affected businesses sufficient time to understand the new requirements and produce a statement. Businesses with a year-end date on or after 31 March 2016 will be the first businesses required to publish a statement for their 2015-16 financial year. Businesses with a year-end date…
There have been a significant number of cases reported in the press recently in relation to hotels that are being prosecuted for health and safety breaches. The increased visibility of such cases highlights a need for stronger emphasis on compliance within the industry. The reality of health and safety risks faced by the hotel industry was highlighted last month when the Telegraph reported on a fire at one of the most iconic hotels in Grosvenor…