The most recent case of R v Takhar, a case where a 61 year old Defendant had pleaded guilty to multiple breaches of the FSO, had received concurrent sentences (served at the same time – ie 6 months in total) of 6 months...Read More
Category: Case Law
In the case of R v Mirza (2012), the Court did find that a suspended custodial sentence, with an unpaid work requirement of 200 hours, was manifestly excessive, given the offender’s circumstances. The community service aspect of...Read More
The case of R v O’Rourke (2011) involved an appeal against an 8 month prison sentence for failing to make a suitable and sufficient Fire Risk Assessment where Mr O’Rourke, who had no fire safety qualifications had carried out a...Read More
The first real authority on the FSO came in the case of New Look Retailers Ltd v The London Fire & Emergency Planning Authority in 2010. The Court of Appeal, in that case, considered whether and to what extent the approach...Read More
The reasoning outlined in the Howe case was followed in R v ESB Hotels Ltd which was also a case prior to the FSO, but which did involve offences contrary to the Fire Precautions Act 1971. In that case the Court of Appeal laid...Read More
Sentencing Fire Safety Cases – A Missed Opportunity Last year I wrote 2 articles (March and April) which considered the way in which the courts approached sentencing in cases involving breaches of the Fire Safety Order. I...Read More
Warren Spencer is one of the country’s leading fire safety lawyers. He has now prosecuted and defended fire safety cases for over 12 years and has also conducted numerous Enforcement and Prohibition Notice Appeals brought under the Fire Safety Order. He is able to offer impartial professional expert legal advice in all aspects of fire safety enforcement.
Warren is a Higher Courts Advocate, an accreditation which enables him to work as an advocate in the Crown Court. Warren has conducted prosecutions for Lancashire, Greater Manchester, Humberside, Cumbria, Cheshire, Merseyside, Hereford & Worcester, Shropshire and Wrekin Fire & Rescue Services, as well as advising businesses and professionals on various aspects of Fire Safety Law including its effect upon PFI contracts.
Warren is a part-time Tribunal Judge and in 2015 he was appointed as a 'Legally Qualified Chair' for Police Disciplinary proceedings in the North West. He is also a former Assistant Deputy Coroner for Blackpool and Fylde.
Tel: 01253 629300
- Fire Safety Enforcement in Specialised Housing 23 Mar 2018