Regulatory Solicitor Birmingham – Trading Standards, Environmental, Health & Safety

Why regulatory cases require a solicitor who understands both criminal and administrative law

Regulatory prosecutions often involve multiple agencies and complex statutory regimes. A conviction can also trigger disqualification, loss of licence, or removal from professional registers. David Roy advises at every stage:

• Pre‑charge: Engaging with the regulator to avoid prosecution (e.g., accepting a caution, remediation, or civil penalty).
• Interview: Representing you under caution (including voluntary interviews).
• Court: Full defence in magistrates’ or crown court.
• Sentencing: Mitigation to reduce fines, costs, or ancillary orders (e.g., confiscation, remediation).

Notable regulatory experience

• Environment Agency v S: A commercial waste site prosecution. David negotiated with the prosecution and the case was withdrawn.
• Multiple trading standards cases involving product safety, intellectual property, and consumer credit.
• Health & safety investigations involving serious injury and fatalities (advising at interview and pre‑charge).

Sentencing in regulatory cases

The Sentencing Council has published definitive guidelines for health and safety offences, food safety and hygiene offences, and environmental offences. These guidelines use a stepped approach based on culpability and harm category, and can result in substantial fines for businesses. David Roy advises on sentencing strategy and presents mitigation to minimise financial and reputational penalties.

The process

1. Investigation: David advises on document production, interviews, and negotiation.
2. Charge decision: Representations to the regulator that prosecution is not in the public interest.
3. Trial & sentence: If charged, David represents you in court and argues for minimal penalty.
4. Ancillary orders: Challenging confiscation, costs, or disqualification.