Posted By MarkS In an HSE accident investigation, is there any limit on how long after the incident an interview under caution can take place ?. If there is, what is it ?.

Posted By Bob Shillabeer Limit of time allowed for an interview under caution? This is new to me I understand the investigator can decide to interview under caution at any time and under PACE must give a caution immediately he considers the interviewee to be under suspicion. Failure to do so makes the evidence given inadmissible in court. So in short No there is no time limit.

Posted By Adrian Watson There is no time limit on investigating an offense. However, there are time limits on bringing a prosecution. These depend upon the offense and where it is triable - A summary offence can only be tried within 6 months of date of the knowledge of the offense or 3 years of the date of committing the offense, whichever is the earlier. Regards Adrian Watson

Posted By Robert K Lewis We seem to be mixing a few things up here. First section 9 is about statement admissability in court and I quote: "Section 9 of the Act provides that if the conditions in that section are satisfied, a written statement can be admissible in evidence in the same way as oral evidence. The use of statements under Section 9 of the Act in the magistrates court is governed by Rule 70 of the Magistrates' Courts Rules 1981 Stones Justices Manual 1-6013>. Even where a statement has been served under Section 9 of the Act and all the conditions are satisfied, it remains open to the parties serving the statement to call a witness to give oral evidence. The court may of its own motion, or on application from any party to the proceedings, require the witness to attend. A statement admissible under Section 9 of the Act must be read aloud in court, unless the justices direct that an oral account may be given instead." Interviews are not therefore held under section 9. Section 20 powers do not require a caution and can be conducted at any point by the enforcer. The witness can have someone present if they wish and yes the Law Society have decided that this can be the same law firm as the employer, even the same solicitor as there is not de facto a conflict of interest. There are waivers and other matters to be attended to on the solicitor's part but the HSE cannot refuse on the grounds of de facto conflict of interests. PACE interviews are under caution as the interviewee is under suspicion of a criminal offence. It can be undertaken at any time after the event and has no limitation period. Again representation can be the same as employer, if wished, under the same ground rules. Bob

Posted By Robert K Lewis ddetc The issue of the newcode of conduct has caused a change to the advice issued earler this year. The advice was drawn up under the previous code of conduct. As I pointed out it is now possible to resolve conflicts of interest in most cases, and there is no de facto conflict Bob