Author Topic: Re: UK PROSECUTIONS discussion  (Read 155094 times)

Offline Golden

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Re: UK PROSECUTIONS discussion
« Reply #75 on: March 30, 2012, 11:53:22 AM »
Not sure if this the current prosecutions thread but I've just seen this one and am astonished there was no custodial sentence - think he got away lightly. Taken from www.info4fire.com/news

Landlord fined for ‘woefully inadequate’ precautions after fatal fire
30 March 2012

The landlord of a House in Multiple Occupation has had to pay £16,000 following a fire at one of his properties in which a tenant died.

Darius Valiulis of Neville Road, Cambridge pleaded guilty to three charges under the Management of Houses in Multiple Occupation Regulations 2006 at Cambridge magistrates court, and was found guilty of a further five charges after offering no defence to them on 13 March. He was fined a total of £10,000 plus £6,000 costs.

At the time of the fire on 29 April 2011 the house was occupied by seven individuals. The fire started in the rear first floor bedroom, resulting in the death of the occupant of that room.

The fire precautions in the property were described by the fire service as “woefully inadequate”, consisting of a single smoke detector on the first floor landing. There were no fire doors, and the doors to the bedrooms were key operated.

The ceiling of the room where the fire started was covered with polystyrene tiles.

Mr Valiulis was also convicted of providing false information regarding his responsibility for management of the house.

“The tragic consequences of the neglect that led to this case should be a reminder to everyone that unsafe housing must not be ignored,” said Catherine Smart, executive councillor for housing.

“Tenants should report such neglect and not let it continue: their lives could depend on it. Landlords must provide a safe place to live if they wish to continue in business.”

Steve Elve, fire protection manager for Cambridgeshire Fire and Rescue Service said: “This is an excellent result for everyone at the council and fire service who has worked hard gathering evidence and organising the case.

“We hope this will send a message to all landlords that they have legal responsibilities to keep their buildings safe, and they will be prosecuted for failing to meet these responsibilities. More importantly, adhering to the legislation will keep tenants safe.”

Offline Owain

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Re: UK PROSECUTIONS discussion
« Reply #76 on: March 31, 2012, 02:29:16 PM »
Darius Valiulis of Neville Road, Cambridge pleaded guilty to three charges under the Management of Houses in Multiple Occupation Regulations 2006 at Cambridge magistrates court, and was found guilty of a further five charges after offering no defence to them on 13 March. He was fined a total of £10,000 plus £6,000 costs.

In another report:

Quote
A coroner recorded a verdict of accidental death in the case of chef Graham Kemp, 27.

After the fire, council inspectors found seven tenants were crammed into a two-storey house that had poor fire alarms and no fire safety doors. Three tenants were sharing one room.

One tenant told the council he paid £550 a month to share a room in the house.

Landlord Darius Valiulis, 45, told the council it was not his property and failed to provide any tenancy agreements.

Cambridge magistrates found him guilty of failing to provide the information, fire safety breaches, renting an overcrowded home and not testing electrical equipment.
Property118.com

So if he had 7 tenants paying £550 the fine and costs is only about 4 months' income.

Offline colin todd

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Re: UK PROSECUTIONS discussion
« Reply #77 on: May 21, 2013, 11:48:29 PM »
I wonder if the 12 months prsion sentence in the North Yorks landlord case is the longest custodial since the into of the FSO. Does anyone know of a longer sentence?
Colin Todd, C S Todd & Associates

Offline Dinnertime Dave

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Re: UK PROSECUTIONS discussion
« Reply #78 on: May 11, 2014, 07:36:46 AM »
I wonder if the 12 months prsion sentence in the North Yorks landlord case is the longest custodial since the into of the FSO. Does anyone know of a longer sentence?

12 months here too.

http://www.expressandstar.com/news/2014/05/02/death-trap-hotel-owner-is-jailed/


Offline Golden

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Re: UK PROSECUTIONS discussion
« Reply #79 on: May 11, 2014, 08:44:25 AM »
Now being run as a care home  :o by the son.

Offline Tom Sutton

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All my responses only apply to England and Wales and they are an overview of the subject, hopefully it will point you in the right direction and always treat with caution.

Offline colin todd

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Re: UK PROSECUTIONS discussion
« Reply #81 on: April 05, 2015, 06:25:05 PM »
It is worth noting that, in England and Wales, for any fire safety offences (and other offences) committed after 12 March 2015, the magistrates can now impose a fine of unlimited size and not just the previous ?5000 limit.  Failure to pay the fine would result in a prison sentence, the length of which is determined by the amount of the unpaid fine, so can be quite lengthy.  This means that Defendants might elect to have their case heard at the Crown Court, with a jury trial for those pleading not guilty, rather than taking a chance on the magistrates.
Colin Todd, C S Todd & Associates

Offline Indiana

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Re: UK PROSECUTIONS discussion
« Reply #82 on: May 26, 2015, 08:44:53 PM »
I wonder if the 12 months prsion sentence in the North Yorks landlord case is the longest custodial since the into of the FSO. Does anyone know of a longer sentence?

12 months here too.

http://www.expressandstar.com/news/2014/05/02/death-trap-hotel-owner-is-jailed/






This was reduced to 6 months on appeal.

http://www.birminghammail.co.uk/news/death-trap-walsall-hotel-owner-7408612

Offline kurnal

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Offline AnthonyB

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Re: UK PROSECUTIONS discussion
« Reply #84 on: July 13, 2015, 09:57:10 PM »
Looking at the posts on here and other sites it seems that in the last year or two suspended and also actual custodial sentences seem to becoming more and more common, departing from the usual financial penalties - or is it just me?

It's about time too, similar with the smaller increase in those doing poor FRAs being prosecuted.
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Offline colin todd

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Re: UK PROSECUTIONS discussion
« Reply #85 on: July 13, 2015, 11:24:57 PM »
That's right, Tony, maybe we should bring back the birch and the stocks where people throw rotten apples at the poor souls (Big Al can remember when they had those in Bathmat Lock.) Send em all down, eh, Tony, unless of course they mug old ladies, in which case give them a pat on the head and ask them nicely not to do it again.
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Offline AnthonyB

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Re: UK PROSECUTIONS discussion
« Reply #86 on: July 14, 2015, 09:42:07 PM »
So sentencing is too strict?
Anthony Buck
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Offline colin todd

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Re: UK PROSECUTIONS discussion
« Reply #87 on: July 14, 2015, 11:48:05 PM »
Well done Sherlock Buck
Colin Todd, C S Todd & Associates

Offline Tom Sutton

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Re: UK PROSECUTIONS discussion
« Reply #88 on: July 15, 2015, 07:53:08 AM »
So AB give them a pat on the head and ask them nicely not to do it again.
All my responses only apply to England and Wales and they are an overview of the subject, hopefully it will point you in the right direction and always treat with caution.

Offline colin todd

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Re: UK PROSECUTIONS discussion
« Reply #89 on: July 15, 2015, 06:53:45 PM »
Exactly, Tam.  When you rolled up at premises, parked the horses and then did an F P Act inspection, how many people did you prosecute, while your transport ate his oats?
Colin Todd, C S Todd & Associates