Landmark prosecution in smoke alarms case

Allan Compton and Jacqueline Carey successfully prosecuted Kamal Bains for an offence under s. 3 Health and Safety at Work Act 1974. Bains ran a letting agency and assumed the responsibilities of the landlord in relation to a number of properties in the Huddersfield area. In relation to one property, he failed to comply with Smoke and Carbon Monoxide (England) Regulations 2015 and instal working smoke alarms. As a result of a fire at the property, 2 young children, aged 3 and 2, died.

During the trial at Leeds Crown Court, the prosecution called expert evidence which included a full scale reconstruction of the fire. At the conclusion of the prosecution case, Bains pleaded guilty to the HSWA 1974 offence.

In sentencing Bains, Mr Justice Males, agreed with the prosecution case that, if Bains had installed smoke alarms, the children’s mother would have had the opportunity to rescue her sons. Bains was sentenced to 12 months imprisonment.

For further details see BBC News.

Allan and Jacqueline were instructed by the Special Crime and Counter Terrorism Division, CPS York.