Regulatory Fire Safety Prosecution
Four day course
This course will contain practical role play and exercises.
How the course is assessed and accreditation
Delegates’ acquisition of knowledge will be formally assessed during the course and feedback will be given. A certificate will be given upon successful completion of the course. This course offers CPD hours from the Institution of Fire Engineers.
Who should attend?
The course is designed for those employed in fire and rescue authorities. This course is suitable for persons engaged in technical fire safety regulatory enforcement.
Delegates should be in, or aiming to fast-track to, a technical fire safety regulatory enforcement role and should have a basic understanding of fire safety related law.
The learning and practical workshops on this course will support the development of delegates to perform an enforcement role.
The aim of this course is to provide the knowledge and understanding of core regulatory fire safety legal principles required to support the role of a technical fire safety enforcement officer investigating regulatory fire safety offences and create a solid base for further learning.
Programme and topics will include:
Examination of the law:
• Statute and Secondary Legislation
• Case Law
• What are they?
• When are they appropriate for use?
• How to correctly draft and serve a Notice.
• Interview under caution
• Witness statements
Preparing a case:
• Case file
• Authority to prosecute
• Magistrates’ Court
• Giving Evidence in Court (With Mock Trial)
• Fines and Costs
David C Stotesbury LLB (Lond) MA (Cantab). Barrister-at-Law; England and Wales
David Stotesbury in a specialist in fire law. Educated at London and Cambridge Universities. Called to the Bar by Gray's Inn. Civil pupilage in the chambers of George Carman Q.C. Criminal pupilage in the chambers of Daniel Hollis QC ; pupil master Sir David Calvert-Smith, later Director of Public Prosecutions, and now senior judge at the Old Bailey.
Prosecuted for the LFB. At one point acted as head of enforcement for both the LFB and the London Waste Regulation Authority. Successful prosecutions included defendants of the calibre of Fords, the Inn on the Park Hotel, the Gianni Versace flagship boutique in Bond Street, and London Underground.
David currently practices as an independent barrister with a range of fire service clients. Represented Northamptonshire FB in the first appeal of the landmark case City Logistics which was won. Represented Mid and West Wales in the appeal of Edward Harris , which held that holiday homes fell within the FSO ; and more recently David led in Hampshire Fire Service’s prosecution of the Co-operative Group , which attracted fines of £210,000.00 ; and the prosecution of Joseph Draper which attracted fines of over £140,000, which have been upheld by the Court of Appeal. Among the solicitors that have instructed David are Herbert Smith and Bond Pearce. He has also been approached by the R.A.F. about legal aspects of post crash management. David has been the legal adviser in 2 of the leading Determinations: Smoke Detection in Bedrooms in a Hotel ,and self closers on fire doors in a care home. His clients were successful in both Determinations.
On the coming into force of the Regulatory Reform (Fire Safety) Order 2005, David settled the initial suite of documents for CFOA, on instructions from Hampshire Fire and Rescue Service.
Roy D J Carter LLB (Hons) PG Dip. Solicitor; England and Wales
Roy is currently a member of the Essex County Fire and Rescue Service’s Strategic Management Board in the role of Service Solicitor and advises across the wide spectrum of Service business, providing in-house counsel to heads of departments and to strategic managers. He practises generally in public administrative, intellectual property and employment law and has considerable experience in regulatory fire crime, fire investigation and trade union law. He is also contracted to provide legal support services to other fire and rescue authorities in England. In this regard, he supplies legal advice, assistance and training in regulatory fire safety enforcement and fire investigation law as well as general fire service and corporate associated legal issues.
Roy joined Essex County Fire and Rescue Service in the early part of 1987 and served as an operational firefighter for the majority of his early career before moving into technical fire safety duties and then embarking on his legal vocation in 2007. As a result, Roy fully understands the demands, operations and unique culture of a modern fire and rescue service.
Roy studied and trained at the College of Law, Bloomsbury London and undertook his vocational legal training on secondment to both public and private sector law departments and firms. He has also been a course director and visiting lecturer at the Fire Service College as well as assisting with the Court room skills and Coroners Courts practical assessments for students undertaking Teesside University’s Foundation Degree in Fire Scene Investigation.
To find out more about this course please contact Kathy.Payne@essex-fire.gov.uk or phone 01376 576549
Essex County Fire and Rescue Service
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Telephone 01376 576549
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