Monthly Archives: December 2018
Drones and the Law
Unsurprisingly, here is a legal framework that governs the use of drones. A number of different drones are available for the public to buy. There are a number of potential risks to ownership, and it would be helpful for any owner to know the relevant information about drones and the law, including an owner’s responsibilities and restrictions on their use.
Drones are again making the news with stories of substantial flight disruptions caused by drones being flown close to airports or the steps being taken to stop drones flying contraband into prison.
What are drones?
A ‘Drone’ is any object that can be flown without a human pilot. The definition ranges from armed technologies used in military operations to smaller gadgets that any of us can buy.
It is the second category that will be the focus of this article. These items are controlled remotely from either a handset or mobile phone. They may also have a camera attached which provides a live-feed to the controller or can take still photography.
At their best they provide educational, professional and leisure pursuits. Various models are available which will vary in size, speed, range and price.
When do drones become a problem?
Drones become a problem when they interfere with other objects using the same airspace. For example, they can present a problem for both military and civilian aircraft. Although they are of relatively small size, a collision can have disastrous consequences. Such incidents are most likely to happen when drones are flown too high or too close to areas where aircraft are taking off and landing frequently.
What are the rules?
If you have bought a drone for personal use, then law imposes some responsibilities relating to your use of that drone. Any breach of these duties can result in your prosecution.
It is advisable to consult the Civilian Aviation Authority Air Navigation Order 2016, specifically Articles 94, 95 and 241. You can download the ‘Drone Code’ here.
You must understand your essential duties as a drone owner, many of which are common sense:
- know how to fly your drone safely, and do so within the law
- understand that the operator is legally responsible for every flight
- keep your drone in sight at all times – stay below 400ft or 120m
- don’t fly your drone over or within 150m of a congested area or organised open air assemblies of more than 1000 people
- never fly within 50 metres of a person, vehicle or building not under your control
- ensure any images you obtain using the drone do not break privacy laws
- avoid collisions – you should never fly a drone near an airport or close to aircraft.
One important aspect of drones and the law is that it is a criminal offence to endanger the safety of any aircraft in flight.
If you break the rules, you could threaten lives and also face prosecution. In some cases this can result in imprisonment or a substantial fine.
For example, anybody caught breaching the rules in relation to airport boundaries could be charged with ‘recklessly or negligently acting in a manner likely to endanger an aircraft or any person in an aircraft’ and face a fine of up to £2500 or up to 5 years in prison.
Are there extra rules when using drones for commercial purposes?
It may be that you intend to use a drone for commercial purposes. For example, an estate agent might wish to take aerial video or photographs of properties for sale.
If this is the case then then permission must be sought from the Civilian Aviation Authority. It is also expected that you will attend an accredited course which will test your knowledge of and competence with drones.
What about cross-overs into the military’s use of drones?
Any drone use completed for the Ministry of Defence is regulated by the Military Aviation Authority. This might include tasks such as surveys at height, photography and other multimedia activities. Anyone likely to undertake such work should look at Regulatory Articles 1600, 2320 and 2321 for specific requirements.
New government plans
Over the summer of 2018 the Government launched a public consultation on new proposals that include:
- whether the 1km flight restriction around aerodromes is sufficient
- police issuing fixed penalty notices to people flouting drone laws
- new counter-drone technology to protect public events and critical national infrastructure, as well as stopping contraband reaching prisons
- a minimum age requirement of 18 to be a small drone operator
- apps upon which flight plans would be uploaded prior to take-off
Fixed penalty notices may be introduced for the following offences:
- not producing proof of registration at the request of a police constable
- not producing evidence that a flight plan or other permissions had been obtained or submitted
- not complying with a police request to land a drone
- flying a drone without the necessary competency
Drone users in the UK will have to register with the CAA and take online safety awareness tests from November 2019 for drones weighing at least 250g. A failure do do so could lead to a fine of up to £1000.
Drones weighing more than 250g could also be banned from flying near airports, or above 400 ft, in a crackdown on unsafe flying.
Police will also be given new powers to seize and ground drones which may have been used in criminal activity.
The bottom line
Drones can be fun and useful but come with their fair share of responsibilities. If you follow the principles highlighted above, you will be much less likely to fall foul of the rules and regulations governing this exciting new technology.
If, however, you are to be spoken to by any authority for breach of the rules and regulations then you ought to seek advice. Any interview is likely to be with the intention of considering whether a prosecution ought to be brought before the court.
We offer independent legal advice on drones and the law for such interviews whether in or out of office hours. Your nearest office can be found here although we provide our services nationwide.
Alternatively you can use the contact form below.
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Monthly Archives: December 2018
Many people have an image of a typical drink driver. Perhaps the image is of an overweight man, staggering from the pub after an all-day session and getting into his car. A few minutes later that car being pulled over by police officers due to erratic driving.
Although that is sometime the story behind a drink driving case. it is not the most common one that we see. It is more likely to be similar to Sue’s story.
Sue leaves the party, sensibly gets into a taxi and later catches a few hours sleep before the next workday begins.
She feels a little tired but otherwise perfectly fine. Sue embarks on a leisurely drive along a familiar route until out of nowhere a car appears. Her journey is broken by the sound of scraping bumpers and an angry motorist demanding insurance details. A miserable start to her day!
On the plus side, nobody is hurt, it’s a simple insurance job.
That is until the traffic chaos catches the attention of a passing patrol car.
Sue’s nightmare is about to begin
Ten minutes later Sue is in handcuffs on her way to a police station. Eight hours later she is charged with drink driving. Two days later she has been banned from driving for 18 months and shamed in the local paper.
A vast number of people find themselves before the court as a result of the ‘morning after’ effects of alcohol consumption. Whilst we can make assumptions about the average time it might take for alcohol to leave our system, these are rarely accurate in real life. The drink drive limit is quite low, so there is little margin for error. Even quite moderate alcohol consumption in the evening can leave you over the legal limit the morning after.
Otherwise sensible, law-abiding and hardworking people find themselves before a court facing not only a loss of licence but sometimes a loss of employment as well.
How we can help
We would sooner not see you at all, but if you do face court proceedings, do not confront them alone. We all make mistakes.
Contact your nearest office here.
Alternatively you can use the contact form below.
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Monthly Archives: December 2018
The case of Tommy Robinson, or to give him his real name, Stephen Yaxley-Lennon, has brought the issue of contempt of court into the public eye, but what is it all about?
What is contempt of court?
The interesting thing about contempt of court is the many ways in which it can be committed. It can be civil or criminal in nature. This means that conduct that is not itself a criminal offence can still be punishable by the court. Criminal contempt goes beyond simple non-compliance with a court order.
So, give me some examples?
In Yaxley-Lennon’s case, it was his reporting and commenting on a trial which was in progress with the potential to prejudice those proceedings. He had previously committed the same contempt by attempting to film defendants within the precincts of a court last year.
In a case in Sheffield, contempt of court was committed by protesters who had given an undertaking not to go within a safety zone erected around trees that were to be felled despite controversy.
In the civil court a freezing order was made against Andrew Camilleri. He breached that order on a number of occasions. This led the claimant to make an application to the court for committal to prison for contempt of court.
A further case involving breaches of freezing orders made in the civil court was that of Davies. This case involved persistent and deliberate breaches.
A witness who refused to give evidence after ignoring a witness summons and being brought to court found himself on the wrong side of contempt of court proceedings.
A defendant who had an outburst in court during his sentence hearing, then refused to apologise, followed by another outburst, was dealt with for two contempt of court offences. He received a sentence for this in addition to the offence for which he was already being sentenced.
A lady took photographs inside a court building of a defendant and their friends making ‘gestures of defiance and contempt’ inside the court precincts with the court notice board behind them. The defendant was also found to be in contempt for inciting the taking of the photograph.
So, tread carefully, it is easy to find yourself in the dock.
What can I get?
Up to two years imprisonment at the Crown Court or one month at the magistrates’ court (although it can be up to 2 months in relation to some civil orders).
Yaxley-Lennon received ten months imprisonment for his latest offence to be served consecutively to three months imprisonment for the offence last year, as he had been on a suspended sentence for that. Both conviction and sentence are currently subject to appeal.
Two of the tree protesters received suspended prison sentences of two months.
Camilleri was fined £100,000 whilst Davies was given a sentence of 12 months immediate imprisonment.
The witness who refused to give evidence was given 12 months imprisonment, reduced to three months on appeal.
The defendant with his repeated outburst was given three- and six-months imprisonment consecutive to each other, and also to the 20 months for the original offences.
The photograph taking offender was given 21 days imprisonment with the defendant who incited the taking of it was given 28 days in prison.
How can we help?
It can be seen that there are some ways to commit contempt of court that the general public may not even realise could land them in trouble with the courts.
We are experts in this area and can advise and represent you.
On some occasions you will be interviewed by the police in relation to an alleged contempt. If you are arrested or know that the police wish to speak to you about an allegation of contempt of court then make sure you insist on your right to free and independent legal advice.
The advantages of such early legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case. Legal aid may well be available to fund your defence at court.
You can find your nearest office here.
Alternatively you can use the contact form below:
Contact
Monthly Archives: December 2018
The power of the police to stop and search is currently in the media due to the rise in murders and serious crimes of violence involving the use of knives, particularly in London. A particular area of concern is the disproportionate use of search powers in relation to some minority groups.
So, what are the relevant powers?
Section 1 Police and Criminal Evidence Act 1984
The most commonly used power to search people is under section 1 of the Police and Criminal Evidence Act 1984. This section allows searches if an officer has reasonable grounds to suspect a person of carrying drugs, weapons, stolen property or an item that can be used to commit crime.
What must the officer do under Section 1?
In order for a search to be lawful, the officer needs to inform you of his name and police station, and he can use reasonable force to carry out the search. You may be detained for the search, near to where you were stopped and only for a short time. You must be told why you are being searched and under what power and a record of the search should be made.
Section 60 Criminal Justice and Public Order Act 1994
This power has been used recently by London councils in response to the murders taking place. Section 60 allows the police to search anyone in a specified area without the need for the “reasonable grounds” that are required for a search under Section 1 above. The vast majority of searches under this power are carried out by the Metropolitan police.
How are section 60 searches authorised?
An officer of inspector rank or above can authorise searches within an area for up to 24 hours. He can only do so if he reasonably believes that:
- incidents of serious violence may take place and an authorisation is required to prevent their occurrence; or
- an incident of serious violence has taken place, a dangerous instrument or offensive weapon is being carried, and authorisation is required to find it; or
- persons are carrying dangerous weapons or offensive weapons without good reason.
Sections 47A Terrorism Act 2000
This section allows the police to conduct searches where there is a reasonable suspicion that an act of terrorism will occur. The power had not been used extensively until the terrorist attacks that started to take place in 2017.
How are section 47A searches authorised?
A senior police officer can give an authorisation for searches in a specified area if he reasonably suspects that an act of terrorism will take place and reasonably considers that the authorisation is necessary to prevent such an act. Also, the specified area has to be no greater than necessary and the duration no longer than necessary to prevent such an act.
Under this authorisation an officer may stop and search a vehicle, driver, passenger, pedestrians (including anything carried by them) but only for the purpose of discovering whether there is anything which may constitute evidence of use for terrorism or that the person is a terrorist.
Stop and search – how can we help?
The above information represents only a basic and brief outline of the relevant law about stop and search. We can advise you on the legality of any search and/or the admissibility of any evidence found during the search.
As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.
The advantages of such early legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case. Legal aid may well be available to fund your defence at court.
You can find your nearest office here.
Alternatively you can use the contact form below:
Contact
Monthly Archives: December 2018
What are football banning orders?
Football Banning Orders are a type of court order, usually made after a conviction for a ‘football related’ offence. They can last between three and ten years and will include one or more conditions which you must obey. Breach of a Football Banning Order is a criminal offence punishable by up to six months in prison.
How often are football banning orders imposed?
As at August 2018 there were 1822 Football Banning Orders in force. This represents a fall of 6% over the previous season.
460 Football Banning Orders were imposed last season, down 57 from the previous year.
The good news for fans is that there were only 3.5 arrests for every 100 000 people who attended football matches. Again, this is a reduction on the previous year. Supporters of Championship clubs continued to account for the largest proportion of banning orders, with 34% of the total, or 621 orders.
What terms can be included in Football Banning Orders?
The conditions of football banning orders can include:
- Preventing you from attending football matches at home or abroad;
- Preventing you from going to a specific place or area for a period beginning two hours before a match starts until two hours after it finishes. In some cases this can include public transport or entire towns.
- Surrendering your passport before international football matches.
- Reporting at a local police station.
Exactly what conditions are made may vary depending on the facts of each case, however many Courts have ‘boilerplate’ Banning Orders- i.e. a pre-set list of ‘standard’ conditions which appear on most Orders that they make.
How could I be subject to a Football Banning Order?
Football Banning Orders were originally designed to prevent football hooliganism in the late 1980s but many supporters now finding themselves facing them, sometimes after conviction for minor offences or even where they haven’t been convicted of any offence at all. There are two possible ways to end up with one:
a) After Conviction
The court must make a Football Banning Order if you are convicted of a ‘relevant offence’ and it is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder. It is for the Prosecution to show that an order should be made because the offence was, in some way, football related. Relevant offences include:
- Possession of alcohol or being drunk while entering/trying to enter ground;
- Disorderly behaviour;
- Any offence involving the use or threat of violence towards another person or property;
- Any offence involving the use, carrying or possession of an offensive weapon;
- Drunk and disorderly;
- Driving or being in charge of a vehicle with excess alcohol, or driving or being in charge of a vehicle while unfit through drink or drugs.
- Throwing of missiles at a football match;
- Indecent or racialist chanting;
- Going onto the playing area;
- Unauthorised sale of tickets.
b) ‘On Complaint’
The police can also apply for a Football Banning Order if an officer believes that you have (at any time) caused or contributed to any violence or disorder in the United Kingdom or elsewhere. These applications are usually based on police intelligence reports from football games. Many fans returning from EURO 2016 found themselves facing these applications despite not being charged or convicted in connection with any alleged behaviour in France.
If the court is satisfied that there are reasonable grounds to believe it would help to prevent future football-related violence or disorder, they will make a Football Banning Order.
Can I fight it?
Yes. Just because an application is made does not mean that it will be successful. We will provide you with advice so that you can resist the imposition of a Football Banning Order.
I already have a Football Banning Order. Can I apply to have it removed early?
Yes. You can apply to the court after two thirds of the order length has been completed. For example, this could be after two years of three year order. The court will consider your character, your conduct since the Order was made, the nature of the offence or conduct which led to it and any other circumstances which appear to be relevant.
Can I get Legal Aid?
If you qualify financially, yes.
If you do not qualify for means tested criminal Legal Aid we can provide you with an affordable fixed quote. This is so you will know in advance exactly how much our fees will be.
Contact an expert solicitor for advice about a football banning order
If you face investigation by the police, or proceedings before the Magistrates’ or Crown Court for a football related offence then you will wish to instruct a specialist solicitor. They will be able to give you the advice and representation so that you can secure the best outcome from you.
As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.
The advantages of such early legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case. Legal aid may well be available to fund your defence at court.
You can find your nearest office here.
Alternatively you can use the contact form below:
Contact
Monthly Archives: December 2018
Coercing someone into marrying another for some financial or societal benefit is illegal under forced marriage legislation.
In April of this year, three young women in Sheffield became subject to Forced Marriage Protection Orders. This case highlights the how embedded this type of offending is in some parts of England and Wales, particularly concerning young girls.
Various offences fall under the banner of forced marriage, and it is essential to be aware of their constituent parts if you are concerned about this issue.
While family law courts make orders of the kind mentioned above, breaching them engages the criminal law.
What is the offence?
A serious offence is using coercion or deception for the purpose of marriage, under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014.
This offence occurs if someone:
“uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.”
What are the penalties?
The offence can be tried either-way so can be heard in either the Magistrates’ or Crown Court but warrants significant sentences following a conviction on indictment. The maximum penalty is one of seven years’ imprisonment.
Similarly, the related offence of breaching a forced marriage protection order can lead to a sentence of up to five years’ imprisonment. Prior to the 2010 legislation the only punishment for doing this was contempt of court. That is still an option under the new regime, alongside this new penalty.
Forced marriage and mental health
These offences inevitably lead to interactions between the law and people’s religious and cultural views.
Another aspect is protecting those who are incapable of consenting to marriage because of mental incapacity.
All these factors were considered in the case of Luton BC v B [2015] EWGC 3534 (Fam). In that case, a person was deemed to lack capacity to consent to either marriage or sexual relations, in relation to the latter specifically because “the combination of autism and intellectual disability prevents [the person] from making the crucial link between actions and consequences”.
How we can help
If you are alleged to have been involved in these or any other offences, or have further questions about this area of law, then it is important that you seek advice at the earliest possible opportunity bearing in mind the complexity of these laws.
As a result, if you are arrested or know that the police wish to speak to you about any offence then make sure you insist on your right to free and independent legal advice.
The advantages of such early legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case. Legal aid may well be available to fund your defence at court.
You can find your nearest office here.
Alternatively you can use the contact form below:
Contact
Monthly Archives: December 2018
Two years ago, Nottinghamshire Police decided to label misogyny and offences targeting women as hate crime or hate incidents.
Two local universities recently undertook a report entitled “The Misogyny Hate Crime Evaluation”. This report recommends rolling out the policy nationally.
The full report can be found here.
Misogyny hate crime is defined as “incidents against women that are motivated by the attitude of men towards women and includes behaviour targeted at women by men simply because they are women.”
This definition can include behaviour that is not criminal. These are recorded as hate incidents rather than hate crime, so something such as wolf-whistling may be recorded as a hate incident.
The policy does not criminalise that behaviour. It may, however, result in a discussion, for example, with building site managers if their workers are behaving that way.
Misogyny hate crime on the continent
In Belgium, however, such behaviour can be criminal. A man has been convicted under a new law which does criminalise sexism. He was stopped driving a car for breaking the highway code and told the female police officer to do a job “adapted to women”. He was fined €3,000 for insulting the officer because of her gender.
The offence in Belgium is expressing contempt toward a person because of their sexuality or treating them as inferior due to their sexuality. If the behaviour complained of entails a serious attack on their dignity, it is punishable by up to 12 months in prison.
In France, they are preparing to create an offence of street harassment that is “sexist and sexual outrage”. Meanwhile, in Stockholm, sexist advertising has been banned. Our London Mayor, Sadiq Khan, has attempted to ban body shaming adverts.
What will happen in the UK?
Chief constables from the United Kingdom met in July 2018 to discuss the issue and whether the policy in Nottinghamshire would be rolled out nationwide.
The issue has also prompted discussion in Parliament over the autumn.
These developments in the UK and other countries demonstrates how the law is continually evolving. It may be that such behaviour will be a statutory aggravating feature of an offence when sentencing or disposal is dealt with, or it may become an offence on its own.
How can we help?
Allegations that involve elements of sexism or misogyny are always likely to be treated more seriously than cases where it is not a feature.
As a result, if you are arrested or know that the police wish to speak to you about any offence then make sure you insist on your right to free and independent legal advice.
The advantages of such early legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case. Legal aid may well be available to fund your defence at court.
You can find your nearest office here.
Alternatively you can use the contact form below:
Contact
Monthly Archives: December 2018
As poor weather promises to cause chaos on our roads, more care is needed by those driving in the snow to carry out essential journeys that were routine only the previous week. If your journey remains necessary, and you choose to drive, then there are some things to bear in mind.
Do you know your legal responsibilities as a driver in poor weather conditions? Chesterfield crime and road traffic solicitor Denney Lau highlights a few possible offences to be wary of.
Make sure you can see out of your vehicle
Your duty actually starts before you start driving.
The Highway code stipulates that if driving in adverse weather conditions, you must be able to see out of every glass panel in your vehicle. This common sense approach is supported by by section 41D of the Road Traffic Act 1988. It states that you must have a full view of the road ahead. This clearly precludes driving through a small hole you have scraped in the snow on your windscreen.
Failure to comply with this could result in a fine but perhaps more importantly penalty points.
However, leaving your vehicle unattended with the engine running and the heaters on to clear your windscreen may not only see you having your car stolen and left with no claim under your insurance. This will amount to the offence of ‘quitting’ your vehicle, whether or not the doors are locked, and could lead to a fine.
Finally, make sure your lights and number plates are also clear, or risk another fine.
Inconsiderate driving?
There is not a law stating it is illegal to drive with snow on the roof. If, however, you choose to do so and snow falls off into the path of another car then you could be penalised. For example, it may amount to inconsiderate driving – Section 3 of the Road Traffic Act 1988.
This can result in a fine with the court endorsing between 3 and 9 penalty points.maximum penalty being level 5 fine and the Court must endorse between 3 and 9 penalty points or consider disqualification. Alternatively, you could be charged for using a motor vehicle in a dangerous condition – 40A of the Road Traffic Act 1988.
Where weather conditions make it more difficult to drive safely
There are two catch all offences that will be more easily committed in conditions where driving is difficult. It is easy to imagine losing control of a vehicle, or failing to notice another motorist, while driving in the snow.
If there is an accident, or poor driving is witnessed, then consideration will be given to whether one of the following offences has been committed.
The first is the offence of driving without due care and attention, or careless driving. This is Section 3 of the Road Traffic Act 1988. To convict a motorist a court must be sure that the manner of driving falls below the standard expected of a competent driver. Again, a fine will be expected, but between 3 and 9 points can be placed on the driving licence. A discretionary disqualification could be imposed, or the points could count towards a totting ban.
Dangerous driving in the snow
Section 2 of the Road Traffic Act 1988 sets out the offence of dangerous driving. This offence is committed when a person’s standard of driving falls far below what would be expected of a competent and careful driver. This will be in circumstances where it would be obvious to a competent and careful driver that driving in that way would be dangerous.
This offence can be dealt with at the Crown Court as well as the Magistrates’ Court, and can lead to imprisonment and a compulsory driving disqualification and extended re-test.
Instruct an expert in road traffic law
We would ask that, when considering driving in the snow, you think about whether your journey is really necessary. If so, you take all of the precautions explained above.
If your driving still brings you into conflict with the police or courts then please contact Denney at our Chesterfield office. His details can be found here.
Alternatively you can use the form below.
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