Regulatory Solicitor Birmingham

Regulatory prosecutions can result in unlimited fines, imprisonment, disqualification, and serious reputational damage for businesses and individuals. David Roy defends individuals and businesses facing regulatory prosecution across Birmingham and the West Midlands.

Trading standards

Trading standards prosecutions cover consumer protection offences, counterfeit goods, product safety, misdescription, and unfair commercial practices.

Health and safety

The Health and Safety at Work Act 1974 imposes duties on employers and individuals. The Health and Safety Executive investigates workplace accidents and issues improvement notices and prohibition notices. The Sentencing Council’s definitive guidelines for health and safety offences provide for substantial fines based on turnover. David advises on HSE investigations and prosecutions, including corporate manslaughter.

Environmental law

Environmental prosecutions under the Environmental Protection Act 1990 and related legislation cover waste management, pollution, and environmental damage. David has experience of Environment Agency prosecutions, including a case where the prosecution was withdrawn following negotiation.

Food law and licensing

Food safety and hygiene offences, allergen labelling failures, and licensing offences including alcohol and taxi licensing matters.

Professional discipline

Professionals facing regulatory proceedings before their professional body. David advises on the interaction between regulatory proceedings and any parallel criminal investigation.

Common questions

What is an HSE improvement notice?

An improvement notice is issued by the Health and Safety Executive where an inspector believes that a person is contravening health and safety legislation. It requires the breach to be remedied within a specified period. Failure to comply is a criminal offence and can be appealed to an employment tribunal.

Can a director be personally liable for a company regulatory offence?

Yes. Where a regulatory offence is committed by a company with the consent or connivance of, or due to the neglect of, a director or senior manager, that individual can also be prosecuted personally.

What are the Sentencing Council guidelines for health and safety offences?

The Sentencing Council published definitive guidelines for health and safety, food safety, and environmental offences. Fines are calculated by reference to the organisation’s turnover and the culpability and harm categories.

Is legal aid available for regulatory prosecutions?

Legal aid is not generally available for purely regulatory proceedings. Where a regulatory prosecution is brought in the criminal courts, legal aid may be available subject to a means test.