Regulatory Investigations Conference

• Updates on processes in regulatory prosecutions
• Dealing with regulatory prosecutions in the light of Covid 19
• Interviewing witnesses and suspects
• Privilege: what is it, when does it apply, how can it be claimed, what must I do to ensure I can claim it
• Conflict of interest in investigations
•  The role of the solicitor in regulatory interviews

Claire Loftus, DPP will discuss:

• ODPP approach to decision making
• preparation of files for submission
• recent developments and current trends
• assessing regulatory sentences for undue leniency

• Privilege in the context of a Regulatory Investigation including how privilege can impact on the investigatory approach of authorised officers.
• An outline of recent applicable case law in respect of the area of privilege in the realm of investigations.
• Who’s privilege is it? What can or cannot be privileged?
• Key considerations is seeking to assert or challenge a claim of privilege.

Speaker: Stephen Barry, partner in Eversheds Sutherland

• The criminal liability of managers and directors
• The statutory context
• The Supreme Court decision in DPP v. TN [2020] IESC 26 – what is a ‘manager’?
• The distinction between managers and directors
• A comparative analysis with other European jurisdictions

Speaker: Hugh McDowell, BL

• The powers of authorised officers
• Dealing with non-compliance – proportionate enforcement based on risk
• Challenging regulators’ actions and defending prosecutions

Speaker: Ian Thomas

• Advising clients questioned in relation to regulatory offences
• Lessons to be learned from criminal defence law
• Right to Silence
• Prepared statements
• Right to information

Speaker: Shalom Binchy

• What is a significant witness?
• How do I identify a significant witness?
• What types of significant witnesses are there?
• What considerations must I give to interviewing a significant witness?
• Strategies for interviewing
• Structure of interviewing
• Difficulties I might encounter with examples