DIVE LAWYER: Andrew Tonge discusses dealing with criminal and civil proceedings

ScubaDiver News
ScubaDiver News

Scuba Diver’s resident dive lawyer Andrew Tonge answers your questions…  this time, dealing with criminal and civil proceedings.

Question: I've heard a lot recently about members of the diving community facing criminal proceedings. I've also heard of divers facing civil law suits for negligence. What's the difference?

Answer: If you are unlucky enough to be involved in a diving incident, you may be subjected to a number of legal processes.

If you breach the Diving at Work Regulations, you may be interviewed by the Health and Safety Executive (HSE). If matters are more serious than might be looked at by the HSE, for example, in cases of homicide, such as manslaughter, where an unlawful act leads to the death of a diver, you may also be interviewed by the police.

If the HSE or the police has evidence on which they may base a conviction, your case will be passed to government lawyers, to approve charges and prosecute you in the criminal courts.

In more routine cases (e.g. breaches of the Diving at Work Regulations), you would face prosecution in the Magistrates Court. For more serious matters, you would face prosecution in the Crown Court.

In the Crown Court, cases are tried before a jury. In both the Magistrates and Crown Courts, if convicted, you will usually be sentenced to a fine or imprisonment or both.

The level of fine or imprisonment is usually governed by statute, which sets the maximum fines and prison terms that can be handed down. The more serious the offence, the more the fine and the longer the prison term that the Magistrate or Judge will hand down.

If you are subjected to a civil law suit you will be sued in the civil courts. Following a diving accident of any significance, you would most likely be sued and tried in the High Court.

To be sued in the civil courts means that someone, say an injured diver, or the relatives of a deceased diver, is asking the court to order that you pay compensation (also known in the courts as damages), usually on the basis of your being negligent, for example in not properly supervising or training the injured or deceased diver.

The High Court has jurisdiction to hear the most serious civil cases in the country. There is no limit to the amount of damages that the High Court Judge can order be paid to a successful claimant.

When sued in the civil courts, the case is brought by private practice lawyers representing the claimant, such as the injured diver (compare the criminal process, where the case is brought by government lawyers).

The case may involve complex legal and factual issues and the legal costs may be very high, which may have to be paid in addition to any damages.

The level of damages can be substantial. It is often essential to have an insurance policy in place which will pay for private practice defence lawyers and any damages and costs, especially when unpaid damages and costs can lead to bankruptcy and the loss of one’s home.

Following a significant diving incident, it would not be unusual to have to face both criminal and civil proceedings.

If you are the subject of criminal or civil proceedings, you must take legal advice immediately.

 NB: This article or answer, as with other articles and answers I have written and will write, is not legal advice, but is simply by way of illustration. Each case or set of circumstances is wholly different and before any steps are taken, anyone that is unsure of his or her legal position should take specialist legal advice.

 Andrew Tonge is a lawyer and director at Nexus Solicitors Limited, Manchester, where he advises a number of businesses in the diving and subsea industry. He is also a PADI technical diving instructor and experienced diver.

All views shared within this article are his own.

 https://scubadivermag.com/diving-lawyer-red-tape-or-lifeboat

 

@timpell49
#AskMark Mark great video love your content I recently had my cylinder hydro tested it was filled with air how long can you keep the air in the cylinder before you use it .Also dive shop can drain the air and fill with nitrox?
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The information in this video is not intended nor implied to be a substitute for professional SCUBA Training or recommendations for every manufacturer. All content, including text, graphics, images, and information, contained in this video is for general information purposes only and does not replace training from a qualified Dive Instructor or specific requirements from equipment manufacturers.

@timpell49
#AskMark Mark great video love your content I recently had my cylinder hydro tested it was filled with air how long can you keep the air in the cylinder before you use it .Also dive shop can drain the air and fill with nitrox?
#scuba #scubadiving #scubadiver

Become a fan: https://www.scubadivermag.com/join

GEAR PURCHASES: https://www.scubadivermag.com/affiliate/dive-gear

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OUR WEBSITES

Website: https://www.scubadivermag.com ➡️ Scuba Diving, Underwater Photography, Hints & Advice, Scuba Gear Reviews
Website: https://www.divernet.com ➡️ Scuba News, Underwater Photography, Hints & Advice, Travel Reports
Website: https://www.godivingshow.com ➡️ The Only Dive Show in the United Kingdom
Website: https://www.rorkmedia.com ➡️ For advertising within our brands
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FACEBOOK: https://www.facebook.com/scubadivermag
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We partner with https://www.scuba.com and https://www.mikesdivestore.com for all your gear essentials. Consider using the affiliate link above to support the channel.

The information in this video is not intended nor implied to be a substitute for professional SCUBA Training or recommendations for every manufacturer. All content, including text, graphics, images, and information, contained in this video is for general information purposes only and does not replace training from a qualified Dive Instructor or specific requirements from equipment manufacturers.

YouTube Video UEw2X2VCMS1KYWdWbXFQSGV1YW84WVRHb2pFNkl3WlRSZS41ODI2RjhGOTVBODI2NDE5

How Long Can You Keep Air in a Cylinder? #AskMark #scubadiving

Full List of Dive Shows with Links:
https://divernet.com/scuba-diving/your-worldwide-dive-show-guide-for-2025/

JANUARY 18-26: Boot Düsseldorf (International Boat Show)
FEBRUARY 1-2: Duikvaker 
FEBRUARY 21-23: European Dive Show (EUDI)
FEBRUARY 21-23: Diving Resort Travel (DRT) Show, Malaysia
MARCH 1-2: GO Diving Show (The UK Dive Show)
MARCH 15-16: ADEX Ocean Festival / OZTek Australia
MARCH 28-30: Mediterranean Diving Show 
APRIL 4-6: Asia Dive Expo (ADEX) 
MAY 22-25: Thailand Dive Expo (TDEX)
MAY 31 – JUNE 1: Scuba Show
JUNE 13-15: Malaysia International Dive Expo (MIDE)
SEPTEMBER 6-7: GO Diving ANZ Show
OCTOBER 17-19: Diving Talks 
NOVEMBER 11-14: DEMA Show 

#scuba #scubadiving #scubadiver

Become a fan: https://www.scubadivermag.com/join

GEAR PURCHASES: https://www.scubadivermag.com/affiliate/dive-gear 

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OUR WEBSITES

Website: https://www.scubadivermag.com ➡️ Scuba Diving, Underwater Photography, Hints & Advice, Scuba Gear Reviews
Website: https://www.divernet.com ➡️ Scuba News, Underwater Photography, Hints & Advice, Travel Reports
Website: https://www.godivingshow.com ➡️ The Only Dive Show in the United Kingdom
Website: https://www.rorkmedia.com ➡️ For advertising within our brands
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FACEBOOK: https://www.facebook.com/scubadivermag
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We partner with https://www.scuba.com and https://www.mikesdivestore.com for all your gear essentials. Consider using the affiliate link above to support the channel.

The information in this video is not intended nor implied to be a substitute for professional SCUBA Training or recommendations for every manufacturer. All content, including text, graphics, images, and information, contained in this video is for general information purposes only and does not replace training from a qualified Dive Instructor or specific requirements from equipment manufacturers.
00:00 Introduction
01:35 Scuba.com Ad
02:35 Duikvaker
03:15 EUDI
04:23 DRT
05:04 GO Diving Show UK
06:24 ADEX OZTek
07:06 Mediterranean
07:34 ADEX
08:21 TDEX
08:51 Scuba Show
09:36 MIDE
10:06 GO Diving ANZ
11:09 Diving Talks
11:58 DEMA

Full List of Dive Shows with Links:
https://divernet.com/scuba-diving/your-worldwide-dive-show-guide-for-2025/

JANUARY 18-26: Boot Düsseldorf (International Boat Show)
FEBRUARY 1-2: Duikvaker
FEBRUARY 21-23: European Dive Show (EUDI)
FEBRUARY 21-23: Diving Resort Travel (DRT) Show, Malaysia
MARCH 1-2: GO Diving Show (The UK Dive Show)
MARCH 15-16: ADEX Ocean Festival / OZTek Australia
MARCH 28-30: Mediterranean Diving Show
APRIL 4-6: Asia Dive Expo (ADEX)
MAY 22-25: Thailand Dive Expo (TDEX)
MAY 31 – JUNE 1: Scuba Show
JUNE 13-15: Malaysia International Dive Expo (MIDE)
SEPTEMBER 6-7: GO Diving ANZ Show
OCTOBER 17-19: Diving Talks
NOVEMBER 11-14: DEMA Show

#scuba #scubadiving #scubadiver

Become a fan: https://www.scubadivermag.com/join

GEAR PURCHASES: https://www.scubadivermag.com/affiliate/dive-gear

-----------------------------------------------------------------------------------
OUR WEBSITES

Website: https://www.scubadivermag.com ➡️ Scuba Diving, Underwater Photography, Hints & Advice, Scuba Gear Reviews
Website: https://www.divernet.com ➡️ Scuba News, Underwater Photography, Hints & Advice, Travel Reports
Website: https://www.godivingshow.com ➡️ The Only Dive Show in the United Kingdom
Website: https://www.rorkmedia.com ➡️ For advertising within our brands
-----------------------------------------------------------------------------------
FOLLOW US ON SOCIAL MEDIA

FACEBOOK: https://www.facebook.com/scubadivermag
TWITTER: https://twitter.com/scubadivermag
INSTAGRAM: https://www.instagram.com/scubadivermagazine

We partner with https://www.scuba.com and https://www.mikesdivestore.com for all your gear essentials. Consider using the affiliate link above to support the channel.

The information in this video is not intended nor implied to be a substitute for professional SCUBA Training or recommendations for every manufacturer. All content, including text, graphics, images, and information, contained in this video is for general information purposes only and does not replace training from a qualified Dive Instructor or specific requirements from equipment manufacturers.
00:00 Introduction
01:35 Scuba.com Ad
02:35 Duikvaker
03:15 EUDI
04:23 DRT
05:04 GO Diving Show UK
06:24 ADEX OZTek
07:06 Mediterranean
07:34 ADEX
08:21 TDEX
08:51 Scuba Show
09:36 MIDE
10:06 GO Diving ANZ
11:09 Diving Talks
11:58 DEMA

YouTube Video UEw2X2VCMS1KYWdWbXFQSGV1YW84WVRHb2pFNkl3WlRSZS43OTNDNTk0OUNGMDA1MUNG

Upcoming Dive Shows in 2025 #scubadiving #diveshow

US diver Barrington Scott has set a verified Guinness World Record for the fastest time to scuba dive across all seven continents.Cartagena City Council says it is preparing to tighten access to the Cueva del Agua (Water Cave) system in southern Spain, following the death of a 37-year-old female diver there on 18 January. And an underwater habitat builder has just extended the record for longest time spent submerged. 

https://divernet.com/scuba-news/scuba-dash-across-7-continents-brings-world-record/
https://divernet.com/scuba-news/health-safety/spanish-cave-divers-death-prompts-calls-for-controls/ 
https://www.kentucky.com/news/nation-world/national/article299289964.html
https://divernet.com/scuba-news/pod-builder-completes-120-days-under-sea/

#scuba #scubadiving #scubadiver

Become a fan: https://www.scubadivermag.com/join

GEAR PURCHASES: https://www.scubadivermag.com/affiliate/dive-gear 

-----------------------------------------------------------------------------------
OUR WEBSITES

Website: https://www.scubadivermag.com ➡️ Scuba Diving, Underwater Photography, Hints & Advice, Scuba Gear Reviews
Website: https://www.divernet.com ➡️ Scuba News, Underwater Photography, Hints & Advice, Travel Reports
Website: https://www.godivingshow.com ➡️ The Only Dive Show in the United Kingdom
Website: https://www.rorkmedia.com ➡️ For advertising within our brands
-----------------------------------------------------------------------------------
FOLLOW US ON SOCIAL MEDIA

FACEBOOK: https://www.facebook.com/scubadivermag
TWITTER: https://twitter.com/scubadivermag
INSTAGRAM: https://www.instagram.com/scubadivermagazine

We partner with https://www.scuba.com and https://www.mikesdivestore.com for all your gear essentials. Consider using the affiliate link above to support the channel.

The information in this video is not intended nor implied to be a substitute for professional SCUBA Training or recommendations for every manufacturer. All content, including text, graphics, images, and information, contained in this video is for general information purposes only and does not replace training from a qualified Dive Instructor or specific requirements from equipment manufacturers.

US diver Barrington Scott has set a verified Guinness World Record for the fastest time to scuba dive across all seven continents.Cartagena City Council says it is preparing to tighten access to the Cueva del Agua (Water Cave) system in southern Spain, following the death of a 37-year-old female diver there on 18 January. And an underwater habitat builder has just extended the record for longest time spent submerged.

https://divernet.com/scuba-news/scuba-dash-across-7-continents-brings-world-record/
https://divernet.com/scuba-news/health-safety/spanish-cave-divers-death-prompts-calls-for-controls/
https://www.kentucky.com/news/nation-world/national/article299289964.html
https://divernet.com/scuba-news/pod-builder-completes-120-days-under-sea/

#scuba #scubadiving #scubadiver

Become a fan: https://www.scubadivermag.com/join

GEAR PURCHASES: https://www.scubadivermag.com/affiliate/dive-gear

-----------------------------------------------------------------------------------
OUR WEBSITES

Website: https://www.scubadivermag.com ➡️ Scuba Diving, Underwater Photography, Hints & Advice, Scuba Gear Reviews
Website: https://www.divernet.com ➡️ Scuba News, Underwater Photography, Hints & Advice, Travel Reports
Website: https://www.godivingshow.com ➡️ The Only Dive Show in the United Kingdom
Website: https://www.rorkmedia.com ➡️ For advertising within our brands
-----------------------------------------------------------------------------------
FOLLOW US ON SOCIAL MEDIA

FACEBOOK: https://www.facebook.com/scubadivermag
TWITTER: https://twitter.com/scubadivermag
INSTAGRAM: https://www.instagram.com/scubadivermagazine

We partner with https://www.scuba.com and https://www.mikesdivestore.com for all your gear essentials. Consider using the affiliate link above to support the channel.

The information in this video is not intended nor implied to be a substitute for professional SCUBA Training or recommendations for every manufacturer. All content, including text, graphics, images, and information, contained in this video is for general information purposes only and does not replace training from a qualified Dive Instructor or specific requirements from equipment manufacturers.

YouTube Video UEw2X2VCMS1KYWdWbXFQSGV1YW84WVRHb2pFNkl3WlRSZS4yNkZBOTQyMkYxQkQyMzc2

Spanish Cave Closed After Fatality #scuba #podcast #news

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