Effective corporate governance means taking a positive and pro active approach to compliance. We recognise that there are an ever increasing number of laws that businesses can fall foul of and which can be prosecuted by both the police and other regulatory bodies.
We are able to provide practical advice on compliance such as advice on policies and procedures. We are also able to assist you where you are suspected of having fallen short of the requirements of the law.
The major regulators are:
Local Authorities - Trading Standards, Environmental Health;
Health and Safety Executive - breaches of Health and Safety at Work Act and corporate manslaughter;
Fire and Rescue Authorities - breaches of the Fire Safety Order;
Serious Fraud Office - Fraud and corruption;
Information Commissioner - breaches of the Data Protection Act;
Environment Agency - offences affecting the environment.
Businesses can find themselves facing unlimited fines, costs orders, bad press and a loss of reputation in the event of conviction. Regulatory crime is, in many ways, different from 'normal' crime and requires a different approach. Individuals can face imprisonment. Directors of Companies can also find themselves being personally prosecuted if the act or default of their Company is in some way their fault.
The best course of action, if you have any doubts as to your duties and responsibilities, is to seek advice. This also applies if you are being investigated.
If you find yourself under investigation then we can liaise with the regulatory bodies for you and advise you and accompany you to any Interview under Caution. We can sometimes persuade the regulatory body concerned not to prosecute you or to reduce the number of 'charges' you may face. At Court we can offer mitigation on your behalf so that any punishment is minimised and defend cases for you where it is appropriate to do so.
Our Business Crime legal advice covers:
- Advice as to compliance e.g. health and safety, money laundering, bribery, data protection;
- Advice when investigations are ongoing;
- Liaison with regulators;
- Appeals against abatement, improvement, prohibition notices etc;
- Representation at PACE Interview;
- Defence of prosecutions.
The regulatory crime department was recommended in the 2012 Legal 500 Directory and in particular David Campbell was recognised as a key contact. "FBC Manby Bowdler LLP recently acted for individuals facing allegations of racial harassment and inappropriate behaviour towards minors. Associate David Campbell provides ‘clear advice’." David also specialises in providing legal advice in respect of Licensing and Motoring Offences.