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 imprisonment which were appropriate as the Defendant was in poor health and presented a low re-offending risk, and there had been a substantial delay in bringing the case against him. The Appeal Court upheld his appeal against sentence of 12 months imprisonment after a series of fire safety breaches were found at his hotel. It was correct to find that the custodial threshold had been crossed but the Court of Appeal found that the immediate custodial sentence imposed upon the Defendant was as much a deterrent as the actual length of imprisonment and that taking account of his age, poor health and inability to engage in a hotel or any similar business in the future presented a low re-offending risk and his sentence was reduced to 6 months imprisonment.
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Warren Spencer

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
Email: info@firesafetylaw.co.uk
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