FAQs

The Department of Business takes a leading role in investigating allegations relating to criminal offences arising out of business malpractice. They have the power to apply to the court to disqualify you as a director and instigate criminal proceedings which can result in unlimited fines and/or a prison sentence. You should take immediate, specialist legal advice.

Illegally disposing of controlled waste or ‘fly tipping’ is a serious offence punishable with an unlimited fine and/or up to five years’ imprisonment. There are a number of possible defences available. You should take specialist legal advice before speaking to the authorities.

The Fire Authority may simply be asking you to comply on a voluntary basis. Alternatively, they may have served you with an improvement, enforcement or prohibition notice or they may be investigating with a view to prosecution. Whatever the circumstances you should take all necessary steps to remedy any breach as soon as possible and seek immediate advice from a lawyer who specialises in fire safety cases.

You should contact a solicitor who specialises in cases of fraud straightaway. You are entitled to take legal advice before answering any questions. Your personal liberty, the future of your business and your ability to act as a director could well depend upon you seeking the right advice as quickly as possible.

Directors cannot rely upon limited liability to avoid the risk of being prosecuted as an individual if a death occurs in the workplace following breaches of health and safety. Penalties upon conviction can range from an unlimited fine to life imprisonment depending upon the circumstances. Seek legal advice immediately.

You are entitled to nominate someone to attend the meeting with you and that can include a solicitor but HSE do not have to agree. If you are being interviewed under caution and in accordance with the Police and Criminal Evidence Act you can insist on having a solicitor with you.

You are obliged by law to cooperate with HSE inspectors during an investigation, including providing any information they may reasonably require and attending any necessary meetings.

If the interview is to be conducted under caution and in accordance with the Police and Criminal Evidence Act the answer is yes. This type of interview can only take place if you are suspected of criminal conduct and could result in a prosecution.