Prosecution By Public Authority or Regulatory Body

Environmental law

Our team of specialist environmental lawyers are in a unique position in that they are experienced in both prosecuting and defending environmental cases. Our team therefore have in-depth knowledge and expertise in dealing with a variety of environmental law issues and can advise you from both perspectives accordingly.

Prosecution experience

Our lawyers have experience in pursuing prosecutions for breaches namely under the Water Industry Act 1991. We advise on the investigation of the suspected offences and the progression of these cases through the Courts to conviction and successful recovery of costs. Our most recent experience has focused on prosecutions for breaches of trade effluent consents, water pollution and contamination, illegal use of unauthorised standpipes and illegal water fitting cases. We are also experienced in bringing novel cases to court and testing the regulatory framework, such as successfully prosecuting businesses for breaches relating to the inappropriate management of fat, oil and grease (FOG) waste, alternatively referred to as ‘fatbergs’.

Environmental incidents and defence

At Poole Alcock we can guide you through complex investigations with regulators such as the Environment Agency and local authorities.  The response to an environmental incident is crucial and the way a business first responds can set the scene for how a case may progress and any subsequent action which may be taken by the regulator. Our team deal with a range of investigations which include; water pollution and contamination, chemical spills and leaks, trade effluent consent and permitting breaches and statutory nuisance e.g. noise, odour and dust pollution issues. We assist clients with all aspects of the regulatory investigation whether that be assisting the organisation with an internal investigation into the incident, helping them through the initial crisis by providing strategic advice on the management and appropriate post-incident actions and next steps, providing representation and assistance at interviews under caution and, if needed, providing representation at Court. Ultimately, our job is to assist our clients and help them circumnavigate a difficult and stressful period in a landscape which they are not used to operating in. We will hand hold our client through the criminal investigation, navigating it through the crisis and helping it determine exactly what happened, whilst allowing the business to continue to remain focused on delivering its business objectives and running the day-to-day business. With clients acknowledging the risk of significant fines and the reputational damage that can be caused from defending a prosecution we are increasingly advising clients on the successful resolution of a case, where appropriate, via an enforcement undertaking. We can also assist clients who wish to appeal against an enforcement notice or prohibition notice. Our team also has experience with the warrant of entry application process which, if successful, will allow the applicant to gain entry onto land.  We are uniquely placed to apply for and obtain warrants of entry or alternatively advise clients who are informed that a warrant of entry is being applied for and advise on their chances of successfully defending this application and represent their interests as to why this should not be granted by the Court.

Nursing & Midwifery Council Investigations

If you have been referred to the Nursing and Midwifery Council because your fitness to practice has been called into question, the Poole Alcock team can help with representation. The NMC will consider allegations against nurses and midwives who are believed to have fallen below the standards expected by the NMC Code. If the NMC believes that an allegation is credible, or considered serious enough, then an investigation will take place – at Poole Alcock we can assist you in making representations to the NMC. Written representations can make the difference between a case against you being closed, or continuing onto the next stage.

Trading Standards Prosecutions

A Trading Standards prosecution can be brought by a number of different regulatory bodies, against individuals and businesses. Potential offences include breaching copyright, underage sale of goods, food safety, consumer credit and weights and measures. If you receive a letter from Trading Standards raising a concern about your business then it is important that you receive legal advice before responding. At Poole Alcock we can assist you in defending allegations that have been made against you and your business. Legal Aid may be available, depending on the nature of your case, and your means.

Disclosure and Barring Service

The Disclosure and Barring Service (DBS) are the Government regulatory body that assess whether or not people should be considered for inclusion on either the Children’s or Adult’s Barred Lists. Inclusion on the list can mean that working, or even volunteering, with children and/or adults is prohibited. This means that if you were applying for a job where an EDBL was required, information about an allegation can be shared. This is the case even if the decision not to prosecute is made. If this were to happen, the Police would contact you. You would be given the opportunity to make representations as to why it may be unjust to share this information, and the Poole Alcock team can assist.