Criminal law

Members can seek advice from Prospect on their employment rights if a criminal offence impacts on their employment or occurs in connection with their employment. Prospect will provide advice relating to employment issues arising from the incident, such as disciplinary or dismissal cases.

We do not provide advice on criminal matters that arise outside of work, or on matters that may arise in the workplace which do not occur in the course of their official duties. For example we will not provide legal assistance in relation to theft from the employer, assault at work, downloading illegal material from the internet, or fraud in relation to the award of contracts.

Initial legal advice may be provided through LegalLine. But it is important that members seek their own legal advice and representation where there is a criminal investigation or arrest.

Criminal cases arising in the course of employment

Members are eligible for legal advice and assistance where they are facing prosecution for a criminal offence which:

1. arises where the member in the course of their employment was following the employer's procedures or instructions, and
2. the employer has refused, failed to provide, or withdrawn legal assistance, and
3. if found guilty of the offence, the member's employment would be at risk.

For example, members are eligible for assistance where they face investigation or prosecution by the HSE or other statutory or regulatory authorities, arising from their employment.

Prospect retains its discretion on whether to fund or continue to fund all cases on such terms as it sees fit.

In considering point 1 above, Prospect may need to evaluate whether or not the member's actions conformed to the employer's procedures and instructions. We may need to seek the advice or opinion of Prospect representatives within the same employment or industry who will be able to advise on accepted practice.

In respect of point 2 above, we will seek to ensure that the employer provides and funds independent advice where this is appropriate.

Members seeking advice in these circumstances must do so through their full-time Prospect officer, or exceptionally in an emergency through Prospect's Legal Officer or the Deputy General Secretary responsible for legal services. At the initial investigatory stage, if interviews are not conducted under caution, the advice and assistance may be provided by the full-time officer. Where members are interviewed under caution, they will be eligible for assistance provided through the union's appointed solicitors at Prospect's expense.

For the avoidance of any doubt, any funding provided by Prospect on criminal matters shall not be taken as an express or implied agreement on the part of Prospect to indemnify the member in respect of any adverse costs orders made against the member howsoever they arise.