Corporate Manslaughter, Health & Safety and the Environment
BCL regularly advises organisations, directors and employees in the related areas of corporate manslaughter, health and safety, fire safety, and the environment, with particular expertise in fatal accidents.
We provide pragmatic solutions in relation to responding to inspection visits, accident investigations and enforcement action (including criminal prosecutions for corporate manslaughter, gross negligence manslaughter, health and safety breaches, fire safety breaches and environmental breaches).
Our unrivalled experience and expertise, combined with an acute commercial awareness, ensures that our clients receive expert advice in order to achieve the best possible resolution with the minimum of business interruption and in recognition of the need to maintain a good ongoing working relationship with the regulator.
The work includes providing emergency advice; managing the immediate and ongoing response to an investigation; undertaking an internal investigation; advising on remedial action; negotiating the removal of an enforcement notice; appealing against licence/permit restrictions; providing representation in an interview under caution; and defending a prosecution in the Magistrates’ Court or the Crown Court.
In particular, over the years, BCL has developed considerable expertise in relation to defending investigations and prosecutions arising out of fatal accidents. Our lawyers have unparalleled expertise in defending allegations of corporate / gross negligence manslaughter and breaches of health and safety / fire safety legislation. Further, we represent clients at Coroners’ inquests, where there is often great scope to influence the likelihood and shape of any future criminal prosecution.
In addition, our expertise extends to the new offence of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act and the new sentencing provisions under the Health and Safety (Offences) Act. We also have an in-depth understanding of the secondary liability of directors pursuant to the ever increasingly used consent, connivance and neglect provisions.
The scope of an investigation following a fatal accident is now significantly wider and the risks for an organisation and its employees are now far greater than ever before: criminal conviction, imprisonment, director disqualification, severe reputation damage, very high fines, and publicity orders.
BCL provides the expertise and experience that is needed right at the outset of an investigation and through to its conclusion.
