Executive and Non-Executive Directors have a responsibility for governance as part of their roles and responsibilities within an organisation. A breach of these duties can result in criminal liability which may lead to a custodial sentence of up to 2 years, a personal fine or disqualification as a Director.
It is important that Directors and Non-Executive Directors ensure that health and safety governance is implemented and led from the top of an organisation. This involves having a detailed understanding of health and safety governance obligations and to evidence that they are complying with their legal duties. WTW are running Mock Trial events relating to a S37 Personal Prosecution of a Director.
The Mock Trial is designed to help organisations and those who run them meet the challenges posed by the current HSE enforcement regime. Mock Trial Training utilises a blend of seminar-based learning and HD audio-visual video footage and requires those attending to act as Crown Court jury members and use the learning they have gained throughout the programme to make a live time determination as to whether the Director has met his legal duties.
The case is heard by a real Crown Court Recorder and prosecuted and defended by specialist practising barristers, to ensure the trial process is as authentic as possible. Attendees will gain experience and knowledge of what the required duties are and what constitutes a breach. It will also focus on what the regulator considers to be good governance and oversight of the health and safety function along with what issues are likely to trigger regulatory enforcement action.
An extract from the S37 Personal Prosecution Mock Trial can be found below:
View an extract from this mock trial.
To register for the session, which are also CPD accredited, please use the link.