Marine Crime and Fisheries Prosecution Solicitors in Southampton
“Absolutely happy to contact Leonard Solicitors LLP. Appointments made easily, reaching them fast and everything was dealt with professionally.”
Regulatory Solicitors for Maritime & Coastguard Investigations
Our Marine Crime and Fisheries Prosecution Solicitors in Southampton 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 Marine 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 Fishery Prosecutions and Marine Crime Solicitors provide trusted advice and representation to those under investigation by the regulatory compliance investigations team and other local authorities.
Prosecution 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 Fishery Prosecutions and Marine 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.
Related pages
At your service
Prosecution 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 Fishery Prosecutions and Marine 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.
