In a case widely reported in the farming press, Jeremy Cave appeared on behalf of East Sussex County...
Our criminal law team are well renowned for their work.
Most members of the team have extensive experience in a range of regulatory fields, where their criminal law skills are also used to best advantage.
Health & Safety
The criminal team has a growing reputation both locally and nationally for providing specialist advocacy and advice in this niche area of law.
Members are instructed by both prosecution authorities and the defence in cases involving fatality and serious injury as well as more routine breaches of regulations.
Members of the criminal team have experience of dealing with health and safety cases involving a wide variety of industries, including farming, construction, fast food outlets, retail premises and the hotel and leisure industry.
As well as the most common health and safety offences, cases undertaken have involved breaches of fire regulations, working at height regulations and disabled access, and factual scenarios have ranged from chemical emissions to faults in heavy machinery.
We have particular experience in dealing with unauthorized waste transport and disposal under Section 33 of the Environmental Protection Act 1990 and associated legislation (including R v Bilsby (2010) – large scale commercial burning leading to custodial sentences and substantial costs recovered). We also deal with breaches of Section 80 prohibition notices, breaches of smoke regulations and water pollution offences.
Cases have included fraud, trading in counterfeit goods and misrepresentations as to membership of trade bodies, as well as prosecutions under the Animal Health Act 1981 and associated regulations.
Several members specialize in advising and prosecuting breaches of food hygiene regulations and associated European legislation.
The team covers a wide range of licensing law and practice including:
- Alcohol & Entertainment
- Taxi & Private Hire
- HGV & PCV
In addition to public bodies members have acted for individual drivers and license-holders, companies, operators and representative organisations. They have appeared before local authority committees and the Traffic Commissioner as well as the courts.
The team is equipped to deal with cases varying in complexity and significance ranging from the local off licence or chip shop to the medium sized limousine company to the largest lap-dancing club.
“Crown Office Row’s regulatory practitioners are ‘very approachable and knowledgeable team players’. In 2013, health and safety specialist Francesca Lewington defended a large poultry breeding firm accused of polluting a water course.” (Legal 500)
Sussex Dairy Farmer sentenced in case prosecuted by Jeremy Cave - Mar 2017
Francesca Lewington successful for RPSCA in prosecution of multiple horse neglect case - May 2016
Francesca Lewington successful in RSPCA prosecutions - Dec 2015
Rowan Jenkins successfully prosecutes company for Health and Safety breaches - Feb 2014
Fire Safety update: Francesca Lewington comments on the case of R v Mirza - Feb 2013
HSE Fee for Intervention(FFI) introduced by new regulations - Oct 2012
Christine Henson prosecutes for the RSPCA in the case of a mal nourished dog - Aug 2012
Three Members appointed to List of Specialist Regulatory Advocates - Jul 2012
Seminar – From Tesco to Tangerine: The Evolution of Health and Safety Prosecutions - May 2012
Christine Henson and Francesca Lewington in major Health and Safety case - Nov 2011