Often perceived as little more than an administrative hearing, it is vital that those invited to participate and engage in an inquest take steps to manage the presentation of evidence during proceedings and consider the potential for adverse findings to be made.

Since April 2015 the Care Quality Commission (‘CQC’) has been the lead inspection and enforcement body in respect of regulated care activities. To this end it has the ability to inspect, investigate, impose sanctions and even prosecute those registered providers it considers have failed to meet fundamental standards.

The fast moving day to day demands of running a retail enterprise are well documented.  The regulatory burden created by the raft of concurrent responsibilities placed on such businesses is just one of many interactions retailers might have with the law.  But with the ever present threat of criminal sanctions and resulting brand damage, ensuring key personnel understand the compliance landscape has never been more important.

No retailer welcomes or encourages regulatory investigation into their day to day activities. However such interventions do occur and can relate to any aspect of an organisation’s business.

What would you do if the unthinkable happened?

No employer sets out to cause injury but with more than 100 people killed and 609,000 more injured at work each year, the need to deal with an accident in the workplace is a reality that unfortunately should not be ignored.

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

What would you do if you heard these words? Whether uttered by a Police officer or a regulatory inspector; the sobering effect is the same.

The defence of regulatory prosecutions is notoriously tough. With many offences subject either to strict liability or a reverse burden of proof, the Crown overwhelmingly achieves a conviction.

Typically 95% of health and safety cases result in a conviction. Other streams of regulatory law boast similarly impressive prosecution statistics. As such, the sentencing exercise plays a key role in the disposal of the vast majority of cases.

Effective compliance and strong corporate governance is vital in any business. Sound management of regulatory risks makes financial, commercial, legal and moral good sense. Failure to address potential liabilities can create huge financial and reputational risk for a business, with the penalties for non-compliance continuing to increase.