Simon Gurney was instructed by Tim Andrew of Burton Copeland Solicitors to represent X and Y, Directors of a railway network infrastructure company, who were accused by the Security Industry Authority (“SIA”) of regulatory criminal offences.
The SIA is the organisation responsible for regulation of the private security industry. It reports to the Home Office and enforces the provisions of the Private Security Industry Authority Act 2001. It is responsible for licensing those individuals who engage in licensable conduct, such as security guards.
The company of which X and Y were directors pleaded guilty to an offence contrary to s.5 PSIA 2001, by providing security services at Network Rail compounds, partly by means of the activities of individuals who were not properly licensed to act as security operatives.
The SIA prosecuted X and Y on the basis that the offence had been committed as a result of their neglect as directors, as a result of which they were said to be personally guilty of criminal offences.
On reviewing the evidence served by the SIA, Simon advised that an application to dismiss should be pursued by both X and Y. The SIA resisted the application. Detailed written arguments were exchanged. After two days of legal argument the Court reserved judgment.
In a detailed written ruling the Court allowed the applications and dismissed the charges against both directors, bringing the proceedings to a conclusion without the need for a jury trial, which had been listed to last for 5 days.
Simon is a specialist in defending allegations of regulatory criminal offending and has expertise in the principles on which directors can be held personally liable for offences committed by a company. If you are interested in instructing him, please contact his Clerk, Ty Price in Chambers on 0161 832 5701 or at tprice@lincolnhousechambers.com.