We all know that fly-tipping is an offence, but did you know you commit an offence if you pass waste to someone who isn’t licensed?
What is meant by ‘waste’?
This article is referring to household waste. For example, this may mean excess rubbish that does not fit in your general collection bins.
How could I commit an offence of fly-tipping?
You have a ‘duty of care’ to take all measures reasonable in the circumstances to ensure you only transfer waste to an ‘authorised’ person. Please note that if a trades person working at your house produces waste, they are responsible for the removal and disposal.
Most offences of fly-tipping are committed by someone paid to take the waste away rather than the person who produced the waste. This means that you commit an offence if the person you ask to take the waste away is not licensed to do so and then illegally disposes of it.
What is an authorised person?
This is usually the local authority collection service, a registered waste carrier or an operator of a registered site. You can check if a person is licensed on the Environment Agency Website.
What could happen to me?
The government is introducing a fixed penalty notice for breaches of the household duty of care in relation to fly-tipping.
Currently, you could be offered a caution, warning or be prosecuted for failing to comply with your duty of care. The new penalty notice system provides an alternative to a prosecution.
The penalty will range from £150 to £400. The minimum discounted penalty available will be £120. The penalty is set deliberately at a high rate as otherwise it may still be cheaper to use an illegal waste collector. It is intended to act as a deterrent and is therefore set at a rate that is higher than the cost of legitimate disposal.
The guidance produced by the government for local councils states that householders should not be fined for minor breaches and consideration should be given as to whether it is proportionate and in the public interest to issue a notice to a person who is classed as vulnerable.
What if I do not pay the penalty?
If you chose not to pay the penalty you can be prosecuted for the offence through the courts. The typical fine imposed at court is likely to be significantly higher than the penalty notice.
When will the law be brought in?
The law to introduce the penalty is expected to be in force early this year.
How can we help?
If you are invited to attend an interview with any prosecuting agency, such as a local authority, you can have a solicitor present. Dependent upon your means, that advice and assistance may be free of charge to you under the Legal Help scheme.
On Monday 21 January 2019 the government unveiled new domestic abuse legislation. This represents its new strategy to tackle domestic abuse. This follows a consultation exercise carried out last year which drew over 3,000 responses.
The measures within the new domestic abuse legislation are:
Introducing the first ever statutory government definition of domestic abuse, which will include economic abuse
Establishing the office of the Domestic Abuse Commissioner and setting out the Commissioner’s functions and powers
Providing for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order
Prohibiting perpetrators of abuse from directly cross-examining their victims in person in the family courts, and also giving the court discretion to prevent cross-examination in person where it would diminish the quality of the witness’ evidence or cause the witness significant distress
Creating a statutory presumption that complainants of an offence involving behaviour which amounts to domestic abuse are eligible for special measures in the criminal courts
Enabling domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody
Placing the guidance supporting the Domestic Violence Disclosure Scheme on a statutory footing
Ensuring that where a local authority, for reasons connected with domestic abuse, grants a new secure tenancy to a social tenant who had or has a secure lifetime or assured tenancy (other than an assured shorthold tenancy) this must be a secure lifetime tenancy, and
Supporting ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), by extending the extraterritorial jurisdiction of the criminal courts in England and Wales to further violent and sexual offences.
What will be the effect of the new domestic abuse legislation?
While we will have to await the passage of the bill through parliament to see the final package, one thing of particular note to us as criminal lawyers is the proposal to create a Domestic Abuse Protection Notice and Domestic Abuse Protection Order.
This will be based on the existing regime for criminal behaviour orders (formerly known as ASBOs). Breach of these orders will carry imprisonment of up to 5 years.
While the existing legislative provisions could be used in the context of domestic violence, they rarely are. What we have seen over the years is the specific tailoring of the framework to meet particular problems (in terrorism and trafficking for example).
We can, therefore, expect the effect of these orders to impact quickly, resulting in stiff prison sentences for those who breach them. The government estimates that hundreds more offenders may face imprisonment each year.
We do however foresee some real problems. Domestic abuse is a particularly complex societal problem. Relationships are often problematic and rocky. It is possible that breach will be used as a ‘weapon’ against many defendants. It will, therefore, be imperative to ensure that recipients of these orders understand the severe impacts and consequences that will follow. It will also be essential to ensure that orders are only made in appropriate cases.
As a firm, we closely monitor all legislative developments and will keep you updated as the new domestic abuse legislation progresses through parliament.
Contact an expert criminal defence solicitor
Cases of alleged domestic violence are important and sensitive cases to deal with. Our specialist lawyers can advise you on whether you have a defence, and help you put that defence forward, advising on prospects of success and navigating a successful path through the long and stressful court process.
As a result, if you are arrested or know that the police wish to speak to you about any criminal offence, including those alleging domestic abuse, then make sure you insist on your right to free and independent legal advice.
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.
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.
VHS Fletchers offices across the East Midlands
Alternatively you can use the contact form below.
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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 AndrewCamilleri. 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.
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.
