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Nottingham crime and regulatory solicitor Martin Hadley represented a professional client,  a  pharmacist, who was being investigated by the Information Commissioner’s Office (ICO). Following investigation he was able to secured a positive outcome for this client.

Information Commissioner Received Complaint

The ICO had received a complaint that Martin’s client had been “flying tipping” waste in the locality of one of their pharmacy branches.

A member of the public discovered an abandoned suitcase in the street. Correspondence was found in the case and it was clear that the paperwork was attributable to the community pharmacy operated by Martin’s client. Also found in the bag were documents with the pharmacy stamp upon them which identified the names and addresses of pharmacy patients. On the face of it this appeared to be  a clear breach of patient confidentiality.

The Information Commissioner was investigating a breach of the seventh principle of data protection, namely the requirement to take appropriate technical and organisational measures to avoid the unauthorised or unlawful processing of personal data.

Clear and Robust System

Martin took the client’s full instructions upon the points this evidence supplied by the Information Commissioner. It was apparent that our client had clear and robust systems in place for the disposal of both confidential and non-confidential waste. These processes allowed them to quickly understand how the problem had arisen.

Individuals had been climbing over the wall of their premises and breaking into the waste bins. No doubt these people were hoping to find Controlled Drugs.

Sanctions Available to ICO

The Commission could have taken various steps including:

• Providing advice to the clients.
• Require the client to produce improvement plans.
• Give undertakings to improve compliance.
• Serve enforcement notices.
• issue monetary penalties of up to £500,000.

Positive Client Outcome

The instructions given and our advice meant that we were able to reply to the ICO denying the breach and providing a bundle of documents to persuade the Information Commissioner that no action should be taken.

Our client’s full responses led to the ICO swiftly reaching the conclusion that no further action was necessary.

Contact regulatory solicitor Martin Hadley

If you face investigation by the Information Commissioner’s office, local authority or similar then please contact Martin Hadley straight away on 0115 9599550 or use the form below.

You will no doubt benefit from his clear analysis of your problem, practical advice and robust approach to your problem.

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The big news story of last weekend was the surprising news that the Prisons Minister is considering whether to abolish the power to impose short prison sentences, those of 6 months or less.

Arguing for the need for reform, Rory Stewart MP told the Daily Telegraph Magazine:

“You bring somebody in for three or four weeks, they lose their house, their job, their family, their reputation.

They come (into prison), they meet a lot of interesting characters (to put it politely) and then you whap them on to the streets again.

The public are safer if we have a good community sentence… and it will relieve a lot of pressure on prisons.”

How effective are short prison sentences?

Short prison sentences are seen by many as ineffective.  They allow little if any time for rehabilitation and cause massive disruption to offender’s lives.  They result in even higher rates of repeat offending.

Supporters of the shorter sentence point to the salutary effects of a ‘short, sharp shock’ and community respite from offending.

This is one of those debates where there is at least some evidence to support all viewpoints.

I does, however, also generate debate on the broader question of what prison is for. Is it to deter, punish, rehabilitate or a combination of things? Or something else entirely?

Once we, as a society, work out what we seek to achieve by imprisonment we can then ask the question – does it work?

A recent case in point

Take a case in point also reported over the same weekend.  Two brothers were each imprisoned for three months following a conviction for perverting the course of justice.  Their case involved trying to evade penalty points for a road traffic offence.

Did the well publicised risk of imprisonment deter them? Clearly not.

Will it punish them? The answer to that is clearly yes, but if they then lose their jobs and homes, is it disproportionate?

Could we have imposed an altogether different and more worthwhile punishment, such as unpaid work in the community?

A refreshingly new approach to penal policy?

The answer to these and other questions concerning penal policy have been debated for a very long time, and traditionally, political parties have avoided any debate that has a flavour of being ‘soft on crime’.

So, it is refreshing to see a government minister willing to grapple with these complex issues, for the greater good.

Any change will require legislation so should not be expected for another 12 months or so, but in the meantime, it does allow advocates an opportunity to debate these issues with sentencing judges.

Maybe, just maybe, even the introduction of this debate might save some defendants from unnecessary and damaging short prison sentences. We shall certainly try.

Contact a criminal law specialist

Until there is any change in the law, everybody charged with an imprisonable offence may receive a short prison sentence depending upon the circumstances.

As a result, if you are arrested or know that the police wish to speak to you about any criminal 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:

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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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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:

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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: