Holly Clegg prosecutes on behalf of the HSEPark Square Barristers
Proceedings were brought against the Defendant after it was discovered that he had been carrying out unregistered gas work and had failed to ensure that the Complainants were not exposed to risks to their health and safety. He pleaded guilty on 28 November 2019 to an offence under the Health and Safety at Work Act 1974.
The Defendant was asked to inspect a gas fire that had been fitted at the Complainants’ property and to produce a Landlord’s Gas Safety Certificate confirming that it was safe to use. The Defendant was self employed at the time and did not have the relevant competencies, qualifications or registration details to carry out such a job.
The gas fire was found to have multiple defects, which resulted in scorch marks appearing on the Complainants’ living room wall within minutes of them turning the fire on for the first time. Carbon Monoxide was also detected, having spilled into the room as a result of the fire’s defective flue. A Regional Investigation Officer condemned the fire as “Immediately Dangerous”, a term used to describe a dangerous appliance/installation, which if left connected to a gas supply is an immediate danger to life or property.
The Judge placed this offence in the highest category on the Definitive Sentencing Guidelines, reflecting the fact that this was serious offending with potentially fatal consequences.
Holly Clegg represented the HSE at the sentence hearing at Lincoln Crown Court. The Defendant was sentenced to 8 months imprisonment, which was suspended for 24 months. He is required to carry out 150 hours of Unpaid Work and make a contribution to Prosecution Costs.
Holly Clegg is a C-List Specialist Regulatory Advocate with a growing practice in all Regulatory and Public Law matters. She has wide-ranging experience in this area.
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