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 Fire Risk Assessment which was totally unsuitable and deficient. Mr O’Rourke had charged a fee of £75 for each assessment. The Court of Appeal stated that it was in no doubt that the custody threshold had been passed, as the Defendant had held himself out as someone who could carry out risk assessments and had no right to do so, when he had taken no courses, had not read the legislation and had not even been into the buildings concerned. The Court indicated that there was a degree of dishonesty within the offences and that the base point of 12 months imprisonment with a credit of one third reduction for the guilty plea that had been entered, was not wrong in principle and not manifestly excessive.
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