Q1: I have been asked to attend an interview under caution as part of an ongoing regulatory investigation, should I consider taking legal advice before I attend?
A: In these circumstances we would strongly recommend that you consider taking legal advice before you attend the interview. It is important to remember that taking legal advice does not make you look guilty: it is your right. At Libra Solicitors we take protecting our client’s rights seriously.
What you say in an interview under caution could have serious implications for you and/or your business and charges could be brought solely on what you say, even if there is no other evidence.
Should you instruct us, we will provide expert support and guidance throughout the interview process and we will be focused on ensuring that the interview is carried out in accordance with all the rights and protections afforded to you under the rules and codes governing PACE interviews.
If an investigation has just started or you believe that an investigation is about to start, it may be prudent to seek legal advice early as soon as possible, even if you have not yet been asked to attend an interview under caution. In such an instance, we will give you clear, practical advice as to whether there are any proactive steps you can take, such initiating dialogue with the investigating authority. Where instructed, we can make representations to them on your behalf.
If you have been asked to attend an interview by a regulatory body, local authority, or the police and would like to know more about interviews under caution please click the link. Alternatively for a confidential discussion about the issues that may be concerning you, can call us on 01223 632420 and arrange an appointment.
Q2: As a director of a company that is facing a regulatory prosecution, could I also be personally prosecuted?
A: As a director of a company your position carries significant responsibilities. The personal consequences you may face will depend on a number of factors that include amongst other things:
- the regulation(s) that have been infringed
- the severity of the breach
- your personal level of involvement.
It is entirely possible that you may be prosecuted individually because as a director, you are individually and collectively accountable, along with other company officers, for ensuring that the company meets its statutory responsibilities whilst achieving the company’s objectives.
You may also need to consider whether you are in breach of your statutory duties such as those set out in the Companies Act 2006. Under this Act, depending on the breach of duty alleged, the potential consequences include facing a criminal prosecution by the regulatory authority. Should you be found guilty you could receive a criminal conviction, with the possibility of a custodial sentence for some offences.
Any income derived from criminal activity could be confiscated and in some circumstances, the shareholders of the company of which you are a director, could initiate a civil action against you which could have serious financial consequences.
For a confidential discussion about the issues that may be concerning you, call us on 01223 632420 and arrange an appointment.
Q3 :What is a regulatory intervention?
For more about attending the police station click here
Q4 : I am a new business owner and I want to make sure that my business meets its regulatory obligations. How can you help me?