Discovering ones self at the obtaining end of a trial connected to a workplace safety matter is a horrible experience at best. The idea that an employee was hurt is bad enough in the first place. Coping with the legal consequence is purely a very unpleasant "icing on the cake". Many businesses are fast to volunteer any info or materials related to the incident, as they think that a readiness to help will cause them to seem more agreeable and less liable in court. Though, taking a minute to step back and decide which documents are shared, and when, is also very important to guaranteeing that a workplace related accident is prosecuted justly.
The Basics of Disclosure
Knowing your company's rights when it comes to document disclosure will aid in ensuring that the right documents are released at the appropriate time. If there is a workplace fatality, the police and the HSE will work together to investigate, and will follow procedures as outlined in the "Work-Related Deaths: A Protocol for Liaison" document that was developed by the police, the Health and Safety Executive, and the Crown Prosecution Service. When investigating a crime, the police can demand that an individual hand over documents, and that they open their home to search and seizure, upon arresting the individual. (Section 32 of the Police and Criminal Evidence Act 1984.) However, a company, an entity in and of itself, cannot be arrested, and therefore, the requirement for wholesale revelation of documentation or premises, does not apply.
The Boundaries
Police can demand documentation or property via Section 19 of the Police and Criminal Evidence Act, but only if their presence in a company's offices or on the grounds is lawful. The definition of a "lawful presence" is a bit hazy. If a police officer with a warrant is invited onto the grounds or into an office, they are there lawfully. An officer present to make an arrest is also on the grounds lawfully. However, the officer must be able to prove that they have enough other evidence to justify making an arrest, or to justify the generation of a warrant in order to search the grounds or offices. In essence, they must prove that search and seizure is their only option.
Exempt Documents
Even with an arrest made, or a warrant, there are nevertheless certain papers that could be held back legally. As a search warrant is thought of as an "interference with the liberty of [a] subject" (William v Summerfield 1972), any papers that are contemplated "legally privileged" as outlined by Section Ten of the Police and Criminal Evidence Act, aren't subject to seizure. Documents that have accounts of exchanges amongst a firm and their legal counsel, and other such documents linked to these exchanges, are in this category.
Who Can Make Demands
If the workplace related accident is deemed to be a serious criminal offence, than the case is the purview of the police. If the accident or issue is considered to be a health and safety offense, than the HSE or other local health and safety authority will take charge of the case. The HSE does not have the same powers as the police, and they cannot demand documents, property, or access to premises. They can ask to review and/or make copies of documents or records that directly pertain to the incident, and other related materials, as long as they can establish that the requested documents are necessary to the investigation. Also, any information gathering must be done via interview.
The Process of Choosing Documents for Release
All requests for documents, and the release of those documents, should be funneled through one person in the office. This keeps lines of communication clear and reduces the chance of multiple versions of a document being released. Seeking legal counsel is advisable. Though your company may be concerned about appearing to be uncooperative, knowing your company's rights and the boundaries of the police and other officials involved with the case, can actually streamline an investigation. Asking for adherence to the laws of release and seizure, forces the officials involved to ask for specific documentation, rather than throwing out multiple general requests. Keep in mind that any documentation that an official procured without following the appropriate channels can be thrown out in court, as per Section 78 of the Police and Evidence Act, so it is in everyone's best interest to adhere to the guidelines and cooperate with each other.
The Basics of Disclosure
Knowing your company's rights when it comes to document disclosure will aid in ensuring that the right documents are released at the appropriate time. If there is a workplace fatality, the police and the HSE will work together to investigate, and will follow procedures as outlined in the "Work-Related Deaths: A Protocol for Liaison" document that was developed by the police, the Health and Safety Executive, and the Crown Prosecution Service. When investigating a crime, the police can demand that an individual hand over documents, and that they open their home to search and seizure, upon arresting the individual. (Section 32 of the Police and Criminal Evidence Act 1984.) However, a company, an entity in and of itself, cannot be arrested, and therefore, the requirement for wholesale revelation of documentation or premises, does not apply.
The Boundaries
Police can demand documentation or property via Section 19 of the Police and Criminal Evidence Act, but only if their presence in a company's offices or on the grounds is lawful. The definition of a "lawful presence" is a bit hazy. If a police officer with a warrant is invited onto the grounds or into an office, they are there lawfully. An officer present to make an arrest is also on the grounds lawfully. However, the officer must be able to prove that they have enough other evidence to justify making an arrest, or to justify the generation of a warrant in order to search the grounds or offices. In essence, they must prove that search and seizure is their only option.
Exempt Documents
Even with an arrest made, or a warrant, there are nevertheless certain papers that could be held back legally. As a search warrant is thought of as an "interference with the liberty of [a] subject" (William v Summerfield 1972), any papers that are contemplated "legally privileged" as outlined by Section Ten of the Police and Criminal Evidence Act, aren't subject to seizure. Documents that have accounts of exchanges amongst a firm and their legal counsel, and other such documents linked to these exchanges, are in this category.
Who Can Make Demands
If the workplace related accident is deemed to be a serious criminal offence, than the case is the purview of the police. If the accident or issue is considered to be a health and safety offense, than the HSE or other local health and safety authority will take charge of the case. The HSE does not have the same powers as the police, and they cannot demand documents, property, or access to premises. They can ask to review and/or make copies of documents or records that directly pertain to the incident, and other related materials, as long as they can establish that the requested documents are necessary to the investigation. Also, any information gathering must be done via interview.
The Process of Choosing Documents for Release
All requests for documents, and the release of those documents, should be funneled through one person in the office. This keeps lines of communication clear and reduces the chance of multiple versions of a document being released. Seeking legal counsel is advisable. Though your company may be concerned about appearing to be uncooperative, knowing your company's rights and the boundaries of the police and other officials involved with the case, can actually streamline an investigation. Asking for adherence to the laws of release and seizure, forces the officials involved to ask for specific documentation, rather than throwing out multiple general requests. Keep in mind that any documentation that an official procured without following the appropriate channels can be thrown out in court, as per Section 78 of the Police and Evidence Act, so it is in everyone's best interest to adhere to the guidelines and cooperate with each other.
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