Overview
Responsibility for enforcing fire safety requirements is split between the relevant Fire & Rescue Service for the area in which the premises are located, and the Local Authority in whose area the premises are, depending on the nature of the premises concerned. In some instances, different parts of the same premises may fall within the remit of different regulators.
Contravening fire safety legislation can have very serious consequences. Unlimited fines and, in appropriate cases, sentences of imprisonment are at the Court’s disposal. We have prosecuted a number of cases where custodial sentences have been imposed for breaches of the Order.
How can we help?
We provide advice, guidance, and representation in relation to Fire Safety law, including allegations of offences contrary to the Regulatory Reform (Fire Safety) Order 2005, and additionally in cases where Prohibition, Enforcement or Alteration Notices have been served (including advice on appeals against the issuing of those notices). We also provide training to Inspecting Officers on investigative procedures and techniques, and disclosure obligations.
Key contact
Justin has specialised in criminal and regulatory law since qualification in 2007. He has particular experience of regulatory criminal proceedings instituted by Local Authorities and other non-police agencies, and spent time as a specialist regulatory prosecutor at Merthyr Tydfil County Borough Council, advising and prosecuting on behalf of its trading standards, public/environmental health and counter-fraud departments. Justin now practises in regulatory, corporate crime and allied areas, acting for both prosecution and defence. Justin holds (and regularly exercises) Higher Rights of Audience in Criminal Proceedings, which allows him to represent clients before the higher criminal courts.
Hugh James has become best-known for its health and safety prosecution work in recent years, to a large extent because of senior associate Justin Davies’ ‘detailed knowledge of fire safety law and enforcement’. This degree of specialism continues to be recognised by several fire and rescue authorities, including the South Wales Fire & Rescue Service, which continues to instruct Davies on all prosecutions brought by it under the Regulatory Reform (Fire Safety) Order 2005.
Senior associate Justin Davies forms a key part of the firm’s regulatory offering and has attained a market leading reputation for fire safety work as a result of his representation of South Wales Fire & Rescue Service on enforcement matters.
Justin Davies has an enviable track record in fire safety cases. He has a detailed knowledge of fire safety law and enforcement, is calm under pressure, and provides timely and pragmatic advice.
Senior associate Justin Davies is pivotal to much of this work, and as well as continuing to represent Wales-based Fire and Rescue Authorities in fire safety law matters, has also developed niche expertise in prosecutions brought by the Welsh government relating to breaches of UK, Welsh and European fisheries legislation.
Justin Davies who has ‘valuable and extensive experience in the fire safety arena and regularly displays an excellent knowledge of the law’ when representing core client South Wales Fire & Rescue Service. Benefiting from higher rights of audience in criminal proceedings, Davies also regularly handles the advocacy, a factor that is appreciated by clients ‘as it allows continuity throughout the lifetime of a case’.
We use the firm for its fire safety enforcement work because we know they can deliver a service that is consistently to a high standard.
Justin Davies’ track record is excellent in terms of support for case preparation and court advocacy.
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