Legal guides

You receive a Health and Safety Improvement or Prohibition Notice: when, why, and what to do next

What powers does an inspector have to serve an improvement notice or prohibition notice?

Sections 18 to 26 of the Health and Safety at Work etc. Act set out the enforcement powers available to a Health and Safety Executive (‘HSE’) or local authority inspector (‘Inspector’).  Sections 21 and 22 give an Inspector the authority to serve an improvement or prohibition notice (‘Notice’).

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Responding to Fire Authority Investigations: An Introduction to Fire Safety Enforcement

Following the Grenfell Tower tragedy, fire safety has come under ever greater scrutiny. There is increased pressure on responsible persons to comply with fire safety duties and on fire authorities to take enforcement action. To aid regulatory control and enforcement, the Government has published two new bills relevant to fire safety. Against that background, below is a general introduction to fire safety enforcement.

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Cyber Sanctions: what are they, and are they here to stay?

Sanctions in the UK

Sanctions (including travel bans[1] and asset freezes) are a tool of foreign policy where the UK, as an EU member, not only implemented EU laws[2], but also played a leading role in making them.

While the policy lead for sanctions lies with the Foreign Office, the responsibility for enforcement lies with the Home Office (for travel bans) and HM Treasury, specifically the Office for Financial Sanctions Implementation (OFSI), which oversees a system of financial penalties for breaches of financial sanctions[3].

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Confiscation Revisited: What to Do When the Prosecutor Comes Back for More

One of the lesser known, often poorly understood provisions of the confiscation regime under the Proceeds of Crime Act 2002 (POCA) is section 22, which provides an opportunity to the prosecutor to invite a ‘reconsideration of the available amount’. For many defendants who have been through the process, had an order made and in many cases satisfied that order in full, the first they have heard of that section is the letter informing them that such an application is to be made.

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The Moratorium Period: What It Does to Your Property, and What to Do When a Court is Asked to Extend It

Few people who receive a notice of an application to extend a moratorium period under the Proceeds of Crime Act 2002 (POCA) will have the slightest idea what it means. An unfortunate effect of the evolution of the POCA regime over the years is that it appears long ago to have ceased trying to be intuitive or to have much if anything to do with common sense.

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What to Do When Faced With a Production Order or a Disclosure Notice: Proceeds of Crime Act Investigations Guide

The range of powers available to investigators under the Proceeds of Crime Act 2002 (POCA) is extensive. While there is some overlap with powers available for other investigations, the fact that a case involves one of the issues with which POCA is concerned makes a significant difference to what investigators can do.

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Post-Conviction Advice: How to Get Help with Appeals and Confiscation

The shock of a criminal conviction, and/or a harsher than expected sentence, can make it hard to think clearly about the options for what to do next. Where a trial and mitigation has been carefully and properly prepared, the advisers who have helped throughout the case will usually be the best placed to say whether there are grounds for an appeal. In some cases the defendants and their family members will want to take a second opinion, but this is never cheap or easy, and time is always of the essence.

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