The Crown Prosecution Service has issued new guidance to prosecutors as to which offences may be committed regarding “child-like” sex dolls after more than 200 seizures by Customs Officers in the last two years.
The potential offences are:
Importing obscene articles.
Publishing an article for gain or not, or having an article for publication for gain, which is obscene.
Is it illegal to own or make a child-like sex doll?
No.
There is no crime of making or possessing a childlike sex doll. It is the importation or sending that triggers a potential offence.
What does child-like mean?
There is no definitive guide to what “childlike” means. Size, characteristics and description will all be considered. This goes to the issue of obscenity.
This is one of the most troublesome legal issues. It will ultimately be a matter for a Judge or Jury to decide when the issue is not clear cut.
Does the doll have to be made for sex?
Yes.
The doll must have been made for sexual use. Again, this is what may give rise to the obscenity issue. When deciding whether this is the case its design, accessories and advertised purpose will all be relevant.
What else has to be proved?
That depends which of the offences you are charged with.
If it is importing then it has to be proved to the criminal standard that you knew it was unlawful to import them.
If it’s one of possessing it for publication for gain, the prosecution will have to prove there would be some gain to be made.
How long could the prison sentence be?
That, again, depends on the charge.
importation offences carry a maximum of seven years
publishing obscene articles carries a maximum of five years
the postal offence a maximum of one year.
The new prosecution guidance on child-like sex dolls
The new guidance is extensive, and among other things stresses the following:
“[The decision to prosecute] involves an exercise in judgment about what a jury is likely to conclude about the appearance of the doll. Expert evidence as to age or appearance, or obscenity, is not admissible and should not be sought. This is consistent with the position in respect of indecent images of children, where the age of a child is a finding of fact for the jury to determine and expert evidence is inadmissible.”
“[It is not] permissible to use other evidence, such as other material suggesting a sexual interest in children (for instance, indecent images of children), when assessing whether the doll is, objectively and of itself, obscene. Neither the motive of the person possessing/importing, nor the existence of material external to the doll, is relevant or admissible on this question.”
In relation to the aspect of a case involving importation the guidance stresses the following:
“As possession of a childlike sex doll is not unlawful per se in England and Wales, prosecutors should start from the position that, without more, a suspect may not know its importation is unlawful. Prosecutors will need to consider this element of the offence carefully.”
If you are arrested or know that the police wish to speak to you about any offending involving a child-like sex doll then make sure you insist on your right to free and independent legal advice. The courts will always take such offences seriously upon conviction and the law is complicated.
As expert criminal solicitors, part of our skill lies in negotiation with the prosecuting bodies. We will be able to apply the facts of the allegations in your case with the guidance to the prosecution and ask for a favourable review of your case.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
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Monthly Archives: May 2019
The government has passed legislation which permits for the first time a new traffic camera which will assist in catching those motorists using closed lanes on the motorway network.
Enforcement of red x offences
The Secretary of State grants type approval only to devices that have a high degree of accuracy and reliability in performance. This is assessed through rigorous testing by the Counter-Terrorism and Security Division of Defence Science and Technology Laboratory (Dstl), formerly the Home Office Centre for Applied Science and Technology (CAST), and the police in the field.
Testing ensures that all devices are robust, reliable in operation and can produce accurate readings or images under a variety of extreme conditions. The courts and public at large can, therefore, rely on the evidence they produce.
So-called ‘smart motorways’ increase road capacity by converting what used to be the hard shoulder into a fully functioning traffic lane. If a car does breaks down and needs to utilise that lane, a red X sign is displayed to signal to motorists approaching that the lane is closed.
Regrettably, and somewhat puzzling, is the high number of motorists who ignore the lane closure, placing themselves and others at immense risk of death or injury.
From June 2019 the new camera will capture the number plates of offending motorists committing red x offences, and significantly will be admissible as evidence in court – this is likely to lead to a dramatic increase in the number of people being given fixed penalties of a £100 fine and 3 penalty points.
Highways England has been working with manufacturers to modify the existing REDFLEXhadecs3 speed enforcement device to prosecute Red X and speed offences simultaneously. This has been developed primarily for the English motorway network.
This device will be used to prove an offence under section 36(1) of the Road Traffic Act 1988 consisting in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed and/or an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane.
It can also be used to prove an offence under section 17(4) of the Road Traffic Regulation Act 1984 consisting in a contravention of regulation 9 of the Motorways Traffic (England and Wales) Regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway.
Contact an expert motoring law solicitor
Our motoring team has extensive experience of dealing with cases right up to the Court of Appeal and geography will not be a bar to instructing us. We will travel anywhere in the country to protect a motorist’s driving licence.
We will always investigate the circumstances of your case and see whether legal aid is available for your free representation in your motoring law case before the Magistrates’ Court. You can read more about the legal aid scheme here.
If you are not eligible than we will provide representation in your road traffic case for a fixed fee. This will allow you to know about and budget for the cost of your legal fees. You can read about these fees here.
You can find your nearest office here. Alternatively you can use the contact form below.
Monthly Archives: May 2019
Earlier this year, Channel 4 found, after analysing Freedom of Information request responses from 29 out of 43 police forces, that the number of police-recorded offenders aged under 18 committing homicides using a knife or sharp instrument rose by 77% from 26 to 46 from 2016 to 2018.
This includes a new Knife Crime Prevention Order, or a ‘Knife Asbo’, as it is already being called.
What is a Knife Crime Prevention Order?
It is proposed that anyone aged 12 or over can be subject to a knife crime prevention order if:
they are found to be carrying, without good reason, a bladed article in a public place (including a school) twice in a period of two years, and
the court believes it is necessary to impose and order to protect the public or prevent the young person from committing a crime with a bladed article.
Applications for knife protection orders can only be made by chief police officers, or the chief constable of the British Transport Police or the Ministry of Defence Police.
Before making the application, if the defendant is under the age of 18, the relevant person must consult with the Youth Offending Team for the area that the young person lives in.
The Knife Crime Prevention Order can require that a person:
is in a particular place on specified days or between particular times
reports to a specified individual on specified days and times
participates in specific activities.
It can also prohibit the person from:
being in particular places
being with particular people
taking part in specified activities
using or having specified articles with them
using the internet to facilitate or encourage crimes using bladed articles.
A Knife crime prevention order would last between six months and two years. Breach of the order would result in:
on summary conviction, imprisonment for a term not exceeding six months, a fine or to both
on conviction on indictment, imprisonment for a term not exceeding two years, a fine or to both
Will knife crime prevention orders work?
A great many people, including the Magistrates’ Association, have expressed doubts as to whether these new orders will do anything to address the complex root problems of offending.
Instruct a criminal law specialist
The lawyers at VHS Fletchers continuously monitor new develops in criminal law, as even government proposals can sometimes trigger changes in judicial behaviour when it comes to bail and sentencing. It is our job to ensure the law that is in force now is appropriately applied.
We also play a vital role in challenging the boundaries of new legislation and will be keeping a close watch on these draconian knife crime prevention orders to ensure that justice is appropriately done in all cases.
If you are arrested or know that the police wish to speak to you about any offending involving a weapon then make sure you insist on your right to free and independent legal advice. The courts will always take such offences seriously upon conviction.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
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Monthly Archives: May 2019
On 16th May 2019 the controversial Offensive Weapons bill received Royal Assent, bringing into law the Offensive Weapons Act 2019.
Why were new weapons laws thought necessary?
This legislation has been passed in order to assist in stemming the current problems in relation to knife crime and other serious offending involving weapons. Whether or not it will be successful remains to be seen.
These new weapons laws do, however, bring in a number of new measure that we will be monitoring closely.
Are the new laws in force now?
As with most Acts of Parliament different provisions come in to force at different times. As a result, if you have any questions please consult us to ascertain the up to date position.
What are the main changes?
New offences:
Sale of corrosive products to persons under 18
This offence carries a maximum sentence of 6 months imprisonment and may present a significant challenge for some smaller retailers. They will need to ensure that comprehensive training is provided to all sales staff to avoid the potential prosecution and punishment.
The offence of having a corrosive substance in a public place
This offence carries a maximum sentence of 4 years’ imprisonment.
The offence of breaching knife crime prevention order
This offence carries a maximum sentence of 5 years’ imprisonment.
Sale etc. of bladed articles to persons under 18
This provision extends existing law but introduces several complex challenges for retailers.
Online retailers will also be affected by these provisions.
Knife Crime Prevention Orders:
This new order is essentially a ‘knife crime ASBO’. It is one of the most stringent preventative orders ever to have been brought into law.
This aspect of the new weapons laws has been widely condemned. The scheme is likely to be piloted first in London. The implementation is likely to be extremely controversial. We are currently awaiting further details of the pilot along with statutory guidance on their use.
Other changes of note:
Amendments to the definition of “flick knife” to cover knives fully opened from a partially open condition and by ‘manual pressure applied to a button, spring or other device in or attached to the knife’. This change will close existing ‘loopholes’ in the current legislation
Prohibition on the possession of certain dangerous knives
Prohibition on the possession of offensive weapons on further education premises
Prohibition on the possession of offensive weapons (numerous statutory amendments)
Numerous changes to offences concerning:
The offence of threatening with an offensive weapon etc. in a public place etc
The offence of threatening with an offensive weapon etc. on further education premises
The offence of threatening with an offensive weapon etc. in a private place
Searches for corrosive substance on school or further education premises
Various firearms offences
We will be carefully monitoring the implementation of these new measures to ensure that we are always able to provide up to date and comprehensive advice to our clients, whether in police interview or at court.
Contact an expert about the new weapons laws
If you are arrested or know that the police wish to speak to you about any offending involving a weapon then make sure you insist on your right to free and independent legal advice. The courts will always take such offences seriously upon conviction.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
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Monthly Archives: May 2019
Chesterfield football law solicitor David Gittins
Football is one of the most popular sports in England and Wales to both play and watch on a weekly basis. On occasions, however, the mix of alcohol and heightened emotions can lead to a loss of control. This means that what should be a fun day out can turning into the possibility of a fan being banned from all football matches for a minimum 3 years period as well as a possible prison sentence following any football related disorder.
Only this month Chesterfield football law solicitor David Gittins, a football fan himself, represented a 58 year old client who had not been convicted since the mid-80’s. On this occasion he was before the court for football related offence. Notwithstanding the extremely serious allegation David was able to ensure his client kept his freedom and limited the conditions on the inevitable football banning order that the police applied for.
Football related disorder
Chesterfield Town had hosted Wrexham FC in a Vanarama National League match game. The match was categorised by the Police as “B”. This meant that there was a potential for disorder. Both before and after the match there were problems caused by a small number of fans. This included a serious incident in a pub close to the Proact Stadium.
The pub was designated for “home supporters only”. However, a number of Wrexham fans gained entry. This resulted in what the police describe as a ‘hostile environment’. During the disorder David’s client threw a pint glass that he had been holding directly towards the Wrexham fans. Thankfully nobody was caused injury.
Our client then left the pub, but not before he picked up a Police “spotter” video camera and took it with him.
The police investigation
After the match Derbyshire Police trawled CCTV relating to the incident. A number of arrests were made. Our client was interviewed and subsequently received a letter through the post informing him that he had been charged with threatening behaviour. This postal requisition gave him the date that he was required to attend court.
It was only at this point that David was instructed to assist. Had our client chose to seek our free and independent legal advice in police interview, we would have been aware of the full circumstances of the allegations much sooner and begun to prepare his case at an early stage.
Once legal aid was granted, David spent several hours watching the CCTV in the case. He analysed the evidence in full before advising his client on the strength of the evidence against him.
Early guilty plea to football related disorder
David attended Court with his client who entered a guilty plea. This would secure him maximum credit on sentence. A probation report was prepared. Our client was a risk of a sentence of imprisonment. The starting point for offending in these circumstances is 12 weeks in prison.
After hearing detailed and structured mitigation from David, the court decided that his client would be able to keep his freedom. He received a suspended prison sentence of 3 weeks.
Inevitable Football Banning Order
The police in this case applied for a football banning order. Unusually the police asked that as well as the usual terms banning attendance at all FA matches, there also be a large exclusion zone on match days. This would have prevented our client from entering an area around the Proact Stadium for 4 hours before and 6 hours after each home game.
David was able to persuade the Magistrates’ that such additional conditions were unnecessary.
Contact one of our football law solicitors
If you are arrested or know that the police wish to speak to you about football related disorder then make sure you insist on your right to free and independent legal advice.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
Contact
Monthly Archives: May 2019
It doesn’t matter if you support a Football team that is winning trophies each year, or a team simply trying to avoid relegation. The exhilaration of a last minute equaliser, or if you are really lucky a last minute winner, is simply indescribable.
Unfortunately, that 30 seconds of exhilaration could be cut short if your actions result in you being drawn to the attention of the police if your celebrations have gone too far.
For those who didn’t follow Chesterfield Town closely during the 2018-2019 league season, it is fair to say it wasn’t its finest year.
In this particular match, Chesterfield had gone 3-0 down to the away team after only 45 minutes. Slowly the Spireites found their feet and clawed back two goals before time added on.
In the 93rd minute Will Evans scored an equaliser to square the game and complete the comeback.
Like many of the 4123 fans in attendance our client, a Chesterfield Town fan, was elated with the goal. So overwhelmed was he by the turnaround he ran on to the pitch with others to celebrate with the Chesterfield Town players.
After the Match
The police were in attendance at the game and had recorded the celebrations of the fans. They subsequently contacted our client to arrange a voluntary interview. He had the good sense to contact Ben for his expert free and independent legal advice in this interview.
The allegation our client faced was that he had committed an offence under sections 4 and 5 of the Football (Offences) Act 1991 by entering the field of play. Although it is possible for a suspect to raise a defence, they must have lawful authority or excuse to be on the pitch, and must prove that this is the case.
Guilty plea at Chesterfield Magistrates’ Court
Chesterfield football law solicitor Ben Strelley
Football law solicitor Ben Strelley attended court with his client. He was unable to put forward a defence to the charge so pleaded guilty at the first possible opportunity. This would afford him full credit for his plea.
Although this offence would not usually attract a prison sentence, our client had committed this offence during the currency of a suspended sentence order. This means that there was a real risk that this offence would trigger the activation of the suspended sentence. To avoid this, Ben would have to argue successfully that to activate the sentence would be unjust.
Ben spent the time necessary with his client to be able to provide detailed, structured personal mitigation on behalf of his client. This resulted in his client avoiding what might have seemed an inevitable prison sentence. Instead the suspended sentence was varied and he was ordered to undertake 40 hours of additional unpaid work as well as a fine for the new offence.
A football banning order was also imposed. Sometimes it is impossible to mount a successful opposition to these applications! Nonetheless, our client was delighted with the outcome and the fact that he had kept his freedom due to Ben’s expert advice and representation.
Expert representation for a football related offence
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
Contact
Monthly Archives: May 2019
Due to many years of under investment the criminal justice system in England and Wales is crumbling.
Things are going wrong at every level and every stage. It’s become a nightmare journey through the system for the accused, for victims and for solicitors alike.
Five problems facing the system
Increasing shortages of criminal duty solicitors
Within five years there could be areas in England and Wales where people who have been arrested won’t be able to access a duty solicitor. This means they won’t be able to get the free legal advice they’re entitled to.
For example, cases in court are often ‘double booked’, so some hearings get cancelled at the last minute. Things like this waste the accused’s and their solicitor’s time, and increase costs.
More and more courts are being closed
Defendants and witnesses are having to make unreasonably long and expensive journeys to court.
Important evidence sometimes isn’t made available until the last minute, or isn’t disclosed at all. This can mean the difference between freedom and imprisonment.
All of these problems show the criminal justice system is at breaking point. Without urgent action, it will fall apart.
The Law Society has published data which shows a looming crisis in the numbers of criminal duty solicitors working in England and Wales right now. In the future, many individuals will be left unable to access their right to a solicitor and free advice within a reasonable time, if at all.
Criminal duty solicitors – a dying breed?
Criminal duty solicitors like those at VHS Fletchers offer a vital public service. Any individual detained by the police has a right to a solicitor and this advice will always be free of charge under our legal aid contract with the government. This remains the case at any time of day, and regardless of wealth, age or nationality.
The mean average age of a criminal duty solicitor across the whole of England and Wales is now 47, and in many regions the average age is even higher.
The Law Society data highlights that in 5 to 10 years’ time there could be insufficient criminal duty solicitors in many regions, leaving individuals in need of legal advice unable to access justice.
This could have a catastrophic effect on the criminal justice system, as members of the profession retire and leave a shortage of experienced practitioners. This will impact on both access to justice and on valuable police time.
One explanation for these shortages is because criminal defence solicitors have received no fee increase since 1998. Instead, fees have been reduced and removed. Inflation has led to a significant real terms reduction. Combined with other cuts to the system including court closures, many lawyers no longer see a viable career doing this work. It is difficult to attract and retain new members of the profession.
The Law Society campaign
The Law Society is therefore calling on the Government to conduct an economic review of the long-term viability of the criminal legal aid system and to guarantee that criminal legal aid fees will rise with inflation.
For many a day trip to see a football match with friends is about more than the match itself. The journey, banter, songs, food and drink are as important as the match itself in making the day memorable. Sometimes, however, a combination of these factors can lead to our clients coming to the attention of the police. This is where our football law solicitors can help.
Chesterfield crime solicitor Kevin Tomlinson
However just because you are guilty of a crime on a day when you attended a football match does not mean that it is a football related offence. Such an argument might mean that you can avoid a football banning order with the help of our football law solicitors.
The order would ban you from attending all football matches in the UK for a minimum period of three years so their effects are far reaching.
Our client was later on a train travelling from Birmingham to Derby coming home from the game. A complaint was made that he was engaging in disorderly conduct. Police officers became involved and he was described as being drunk and shouting and swearing. It amounted to an offence contrary to Section 5 Public Order Act 1986.
Receipt of a postal requisition
The police did not arrest our client at the time but later tried to arrange a voluntary interview but our client chose not to cooperate. As a result, he simply received a postal requisition notifying him of a court date.
The case was to be heard at Sheffield Magistrates’ Court and he instructed Kevin, a keen football fan himself, to assist.
Guilty plea at Sheffield Magistrates’ Court
Kevin’s client accepted that he was guilty of the offence. As a result, in order to take advantage of the credit available, he pleaded guilty. Mitigation was put forward to persuade the Magistrates’ to impose a conditional discharge. This meant that our client would only be punished if he committed a fresh offence within the next 12 months.
In summary, if the application was successful, Kevin’s client would not have been able to attend any FA football match in the UK for three years. As a result, it is important to instruct expert football law solicitors contest any application.
In order to impose a football banning Order it must be shown that the criminal offence was “football related.” Kevin studied the evidence in the case closely and applied the case law to the circumstances of the case.
He was able to successfully argue that there was no link between the offence his client had pleaded guilty to and the football match his client had been to. As the court agreed with his argument no order was made. Kevin’s client was delighted and could continue to attend football matches without restriction.
Contact one of our football law solicitors
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
Contact
Monthly Archives: May 2019
A recent case dealt with before Lincoln Crown Court alleged to involved football related violence demonstrated the ability of the expert team at VHS Fletchers to work together to secure an excellent outcome for our clients.
The case involved our team representing four clients who were part of a brawl on Lincoln High Street on the day that Lincoln City played Chesterfield Town. An important question was to be whether this was football related violence or not?
The circumstances of the offending
Police were called towards the end of the afternoon to a large fight taking place on Lincoln High Street. Around 20 males were fighting using street furniture, chairs and even metal crowd gates as weapons. These items were being thrown between the opposing parties without consideration for those not involved. Shoppers included the elderly and children who were forced to flee the violence.
How were our clients identified?
After the incident the police took steps to try and identify those involved in the offending. Lincolnshire police ask their Derbyshire colleagues to view CCTV footage and photographs. There were also national press releases. As a result, seven of those involved were prosecuted for the incident.
VHS Fletchers were instructed by four of those involved in the violence. They received our expert legal advice on both the charge of violent disorder and the football banning order applications that might follow.
Charges of violent disorder
All of the defendants were originally charged with an allegation of violent disorder. This offence carries a maximum sentence of five years in prison. Prison is usually inevitable for this charge, even on a guilty plea.
Once the case was transferred to Lincoln Crown Court we began negotiations with the prosecution to see whether a lesser charge of affray would be acceptable. These discussions were successful and as a result charges of affray were substituted instead. Although serious, the maximum sentence for affray is one of three years.
Our clients had always accepted that they were in the wrong, but it was important that they faced the correct charge and one that allowed an opportunity to avoid an immediate custodial sentence. Once the charges were amended, all four of our clients pleaded guilty.
The evidence provided was overwhelming and therefore each client was advised to enter a guilty plea knowing that there was a substantial risk of a custodial sentence.
Once we advanced mitigation on behalf of our clients, the Crown Court judge imposed a suspended prison sentence with unpaid work and financial penalties.
Had the application been successful our clients would not have been able to attend any FA match in the UK for a minimum of 3 years with additional conditions attached.
A pre-condition for imposing a football banning order is that this offence be football related violence. Having studied the evidence closely, and knowing the relevant case law in great detail, our team led by solicitor advocate Kevin Tomlinson drafted legal argument to serve on the court and prosecution.
Not football related violence
This showed through the evidence that there was no link between this offence and the football match. Instead, our clients had been in Lincoln coincidentally and had no tickets for the match or intention to go. As a result, affray was not football related violence.
The court agreed and refused the application made by the prosecution in relation to all of our clients. Our clients were understandably delighted as they could attend football matches without restriction if they wished.
Contact one of our Football law specialists
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
