Environmental Health Officers and Environment Agency officials have wide powers to investigate and prosecute businesses. They are committed to investigating and prosecuting anyone whom they suspect of being involved in a wide range of activities.
The powers of investigating officers are great, as are the penalties that can be ordered by the courts if anyone is convicted of any of these offences.
As part of their investigations, they will gather documents, computers, samples, experts' reports, and they will also interview people they suspect of being involved.
Based on all of that evidence they will decide whether to prosecute a suspect.
If you are suspected of being involved, you will almost certainly be called in for an interview. This is a tape-recorded, formal interview, under caution ("you are not required to say anything but ….. etc") where persons investigated run the risk of incriminating themselves and where legal advice and assistance is crucial.
Prosecutions will all begin in the Magistrates' Courts but in more serious cases may end up in the Crown Court.
Powers of sentence in the Magistrates' Courts, depending upon the offence, may extend to 6 months imprisonment or a fine of £50,000 (yes, £50,000, rather than the £5,000 normal maximum for other offences) per offence with an overall maximum of 12 months imprisonment.
Powers of sentence in the Crown Court may extend to several years imprisonment and unlimited fines.
If you are an individual, or are in business as a sole trader or as a partner in a partnership, then you will automatically be personally liable for any offences. People who trade as limited companies often think that they are protected by the fact that they are incorporated and they therefore have limited liability for things like this. That is very much not the case - company directors and other company officers who are found to be responsible for the offences of their companies by their actions or neglect may be personally subject to high fines and sentences of imprisonment.
As you can see, the Environmental people have great powers. They are very active and are committed to using their powers to protect consumers and communities. If you ever become involved in an investigation then we encourage you to speak to our specialist lawyers straight away. A bit of free advice at the outset could stop things getting worse for you.
If you do formally enlist our services to protect you, we will look after you throughout the investigation and interview stages, and will represent you if you are prosecuted and the case goes to court. We will advise you at all times as to how best to proceed to secure the best possible result for you. You can see the type of people we have helped in this area by clicking on "People we have helped” below.
As we say, we are always there for people and families who are in our PURPLE LEGAL scheme. We invite you to join PURPLE LEGAL now. By joining PURPLE LEGAL, you can have all your legal enquiries answered free of charge by simply booking a SolicitorSlot for a time and date that suits you. Alternatively if you wish to speak to us now, please click on "Please Contact Me Now” or call us on 0845 567 5000. We look forward to always being there for you.
