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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:

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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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There are two distinct criminal offences of harassment.  One is of harassment putting people in fear of violence and one without.

Stalking is a similar but separate offence and is not covered in this article.

You can, however, read more about the offence of stalking here.

What does an allegation of harassment involve?

There has to be a course of conduct.  This can, however, involving as few as two incidents directed towards another person or persons.

The dictionary definition of harassment is to “torment by subjecting to constant interference or intimidation”.

The law, though, does not provide a comprehensive definition.  As a result there are many actions that could be foreseen to alarm or cause a person distress that would not constitute harassment.

Alternatively, the cumulative effect of a number if incidents that on their own might not be unlawful could con

The offence is aimed at conduct that alarms or causes a person distress and which is oppressive and unreasonable.

What do the prosecution have to prove for harassment?

• That there is a course of conduct
• which amounts to harassment of another, and
• which the defendant knows, or ought to know amounts to harassment of another.

Additionally, for the more serious offence the prosecution has to prove:

• that the course of conduct causes another to fear that violence will be used against him; and
• that the defendant knows or ought to know that his course of conduct will cause another to fear that violence would be used against him

How would I know it is harassment?

 The test of whether you ought to know that the course of conduct amounts to harassment is whether a reasonable person, in possession of the same information, would think the conduct amounted to harassment.

The same test applies in respect of fear of violence.

Are there any time limits for bringing a prosecution?

 At least one of the incidents has to have occurred within six months of the charge for the basic offence without violence.  There is no such time limit for the aggravated offence.

What about defences?

 There are three available defences for the basic offence:

• that the course of conduct was for the purpose of preventing or detecting crime
• that it was conducted under a rule of law
• that it was reasonable in the circumstances.

Additionally, it is a defence for the more serious offence if the course of conduct was reasonable for the protection of the defendant or another, or for the protection of their or another’s property.

What sentence could I get for harassment?

For the offence without violence, the basic offence of harassment, up to six months imprisonment can be imposed.  This increased to 2 years if the offence is racially aggravated.

For the more serious offence involving fear of violence the maximum sentence was 5 years and is 10 years for offences committed on or after 3rd April 2017.  Again, this is increased where the offence is racially aggravated to 7 or 14 years, again dependent on the date of the offence.

Restraining Orders

A restraining order can also be imposed.  The aim of such an order is to protect the victim of the offence from further incidents, contact or risk of violence.

Such an order can prevent contact with the victim and provide for an exclusion zone around their address. A restraining order can be imposed even if you are acquitted of the offence.

How we can assist

The law in respect of harassment and the potential defences is complicated, and there are other specific offences of harassment (for example of debtors) that are not covered in this article.

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 our 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: