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Maritime Crime Solicitors
Our team of experienced maritime solicitors is here to guide you through the complexities of marine law and help you overcome enforcements issued by the Maritime & Coastguard Agency (MCA), ensuring your rights are protected and that you receive robust representation against any alleged offences. From safety violations and licensing issues to navigation and collision regulations, we provide comprehensive legal support to secure the best possible outcome. Contact our trusted regulatory lawyers today for advice you can trust.
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Regulatory Solicitors for MCA Investigations
Our Maritime Crime Solicitors assist individuals and businesses who are facing MCA investigations and prosecution. We provide guided advice and representation from the outset, exploring the circumstances and evaluating all eventualities to mitigate any potential fines and convictions.
The regulations surrounding commercial sea-faring vessels can be complex, a breach of the regulations can result in both individuals and businesses facing an investigation and subsequent enforcement by the Maritime and Coastguard Agency (MCA). These can often give rise to significant fines, and sometimes imprisonment if you are not careful in your approach to dealing with the investigative representatives. Our Maritime Crime Solicitors has a deserved reputation as the South Coast’s leading fisheries prosecution defence lawyers, successfully representing Masters, Seafarers, and other vessel owners in prosecution for gross negligence manslaughter and other regulatory criminal matters.
General Information around Maritime Investigations
Investigations by the MCA are carried out by the Regulatory Compliance Investigations Team. Where their action is required, typically involves what is termed as a ‘significant breach’.
The MCA Enforcement Policy Statement defines a significant breach as:
‘A contravention of legislation appertaining to ships; other watercraft or seafarers, which has, or has the potential to cause, loss of life, serious injury, significant pollution or damage to property or the environment. Or, is an act which prevents an office of the MCA from carrying out their statutory functions.’
What is a significant breach of maritime legislation?
A significant breach is a maritime regulatory offence that initiates an investigation by the Maritime & Coastguard Agency or other investigating local authorities.
Typically, the offences are broadly sub-divided as:
- Pollution
- Collision regulations
- Unsafe operations
- Conduct endangerment
- Carriage of Dangerous Goods
- Fraud
We regularly work with seafarers who stand accused of a significant breach set out in the definition, including a range of maritime offences. Our Maritime Crime Solicitors provide trusted advice and representation to those under investigation by the regulatory compliance investigations team and other local authorities.
Prosecutions for Maritime Offences
For most maritime offences, prosecution is typically limited to fines. However, the law defines that those who have committed an offence of unsafe operations should receive a maximum fine of £50,000 and/or imprisonment of 2 years where convicted. Some breaches are not appropriate for prosecution, and instead may be followed with certain administrative sanctions.
For ship owners, companies or managers, these sanctions are:
- Inspection and follow up
- Prohibition Notice
- Improvement Notice
- Detention
- Notification of Concern
- Simple Caution
For individuals:
- Notification of Concern
- Simple Caution
- Inquiry into fitness to hold a Certificate of Competency
We will always aim to mitigate any prosecutions to the minimum, if possible, no further action. Whatever the reason for the MCA investigation or enforcement, we recommend seeking expert legal advice and representation as soon as possible. Our Maritime Crime Solicitors are police station accredited. What happens at the Police Station or other non-Police investigating authorities such as the Maritime and Coastguard Agency, is critical in establishing your case and successfully defending you.
Regulatory matters involving Yachts, Power Boats, and Pleasure Crafts
For owners and operators of yachts, power boats, and pleasures crafts, non-compliance with maritime regulations can result in serious legal consequences. Our regulatory team specialises in representing individuals involved in investigations by the Maritime & Coastguards Agency (MCA) and other prosecuting authorities for the following offences:
Safety Violations
Vessels, whether for private or commercial use, must meet strict safety standards enforced by the MCA. Non-compliance with safety regulations – such as lacking proper life-saving equipment, failing to conduct regular safety checks, or carrying hazardous materials improperly (or without declaring) – can lead to criminal charges, vessel detention, and significant fines. If you are facing allegations of unsafe practices on your yacht or power boat, our solicitors can provide robust representation.
Licensing and Certification (MCA Coding)
For those using their vessels commercially, failing to obtain or renew MCA coding certifications can result in serious penalties. Commercial use of yachts or power boats without appropriate documentation, or without the necessary International Certificate of Competence (ICC), can lead to enforcement actions by the MCA, including fines or even the seizure of the vessel. Leonard Solicitors can assist in cases where you have been accused of operating without valid certification, ensuring that you receive fair treatment and representation.
Navigation and Collision Regulations
Breaching International Regulations for Preventing Collisions at Sea (COLREGs) can lead to prosecution if your actions result in accidents, damage, or personal injury. Whether it’s an oversight or serious navigational error, our team will work closely with you to assess the allegations and build a defence. We have a strong track record in reducing penalties and ensuring that our clients receive a fair hearing.
How our Marine Crime Solicitors can help
Our marine crime solicitors have extensive experience in defending those accused of maritime regulatory offences, ensuring that your rights are protected throughout the investigation and prosecution process. Whether you’re facing a fine, detention, or more serious criminal charges, we provide expert guidance and dedicated legal representation tailored to the complexities of marine law.
