Chambers criminal law team are well renowned for their work. Our team have extensive experience in a range of regulatory fields, where their criminal law skills are also used to best advantage.
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:
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’.”(Legal 500)
We also offer expertise in regulatory crime including health & safety, food hygiene, trading standards, fraud, and environmental health.
We represent both individuals and businesses. It is essential in most cases to obtain legal advice when you are first charged. If you have been charged with an offence and seek specialist advice and representation, our dedicated team of skilled criminal practitioners will be able to assist.
Generally speaking, the type of Court is dependent on a number of factors, the most prominent being the type of offence with which you are charged. The first oral hearing (in a court room before a ‘judge’) will always be in the Magistrates’ Court. It is at this stage that a decision is taken as to which court will deal with the rest of the proceedings. If the relevant offence is one which is likely to attract a sentence of more than 6 months, it will be transferred up to the Crown Court for trial (plea of Not Guilty) or sentence (either where there has been a plea of Guilty, or a trial has taken place in the Magistrates’ Court, you have been found guilty and the Magistrates are satisfied that the type of sentence that should be passed is more than 6 months’).
Direct Access, also known as Public Access, allows you to directly instruct a barrister to act on your behalf, without using a solicitor or intermediary as is traditional. You are managing your case. However, not all cases are suitable for direct access and only barristers specifically trained to accept direct access instruction can assist you. Meet our trained barristers here.
We use a 4 step process outlining how you can instruct a barrister directly: Enquire, Discuss, Confirm, Instruct. Each stage is designed so we can make sure your case is suitable for direct access. It enables our clerks to find the right barrister, at the right price, for the right time just for you. Read more about the process here.
Each case is different and some cases are not suitable for direct access instruction. For this area Clients using legal aid are not suitable for Direct Access so should instruct us using a solicitor.
Some cases require more day to day management so are not suitable for direct access. In this case, we will not progress beyond the Enquiry stage of our process but you can instruct us using a solicitor.
Fees can be a fixed amount for agreed upon work or an hourly rate with a set limit. Your case is unique but our experienced clerks can provide an accurate fee once you have submitted your enquiry form. Generally speaking, fees can vary depend on how senior a barrister is and how many hours work are needed but you’ll be aware of exactly what you are spending. Read more about our fees here.
There are three types of offence category: summary only, indictable only, or either-way:
These are the least serious matters that can only appear in the Magistrates’ Court*. Matters charged summarily include offences such as minor driving offences and common assault.
These are more serious matters which carry a much higher penalty. As such, they may only be dealt with in the Crown Courts. Offences such as murder or manslaughter are indictable only and carry a maximum life sentence.
These are offences which, within themselves, range in severity, and therefore also vary in the sentence that may be imposed. The severity of the offence is determined on the unique facts of each case, and so it is possible that lower end offences will remain in the Magistrates’ Court where the correct sentence would be one of 6 months or less, whereas a more serious version of that offence, attracting a sentence of more than 6 months, will go up to the Crown Courts where the sentencing powers are wider. Theft is an example of an either-way offence, which can attract a maximum 6 months in the Magistrates’ Court, or a maximum 7 years in the Crown Court. Alternately, even where the Magistrates are satisfied they can retain jurisdiction of an either-way case, it is possible for the defendant to elect a jury trial in the Crown Courts.
Upon receiving this enquiry form a Public Access Clerk will contact you to discuss your case in further detail. Please see our 4 steps outlining the process of instructing a Direct Access Barrister.
1. Submit an enquiry
Fill out our form, designed to collect as much information as possible about your case.
2. Speak to a clerk
After carefully reviewing your form, a specially trained Clerk will get in touch to confirm if your case is suitable for one of our Direct Access Barristers.
3. Receive a client care pack
Once our Direct Access Barrister has agreed in principle to represent you, you will be sent a ‘client care letter’.
4. Instructing a Barrister
If you want to go ahead after agreeing to your client care letter, it’s time to instruct your Direct Access Barrister. Download a PDF of this process here.
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