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 the sentence was reduced to 100 hours. It held that, although the Defendant was of previous good character, he had failed to fully comply with a previous Enforcement Notice and had not rectified significant findings identified in an earlier risk assessment. The Court of Appeal found that the Judge had not erred in imposing a custodial sentence or in a finding that the sentence did not need to be one of immediate custody (a suspended sentence). The sentence was not therefore wrong in principle, but the unpaid work requirement of 200 hours (which is at the top of end the scale) was excessive given that the Defendant, in light of his financial difficulties, would need to devote considerable time and effort to saving his livelihood and paying the costs order of £2,000.
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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 18 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 and delivered training for 20 Fire & Rescue Services, lectures at Fire Service College at Moreton in Marsh, 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 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