All posts by Andrew Wesley/h3>

What are the offences?

There are two drug driving offences:

• Driving whilst unfit through drugs
• Driving whilst over the limit for certain drugs

What is driving whilst unfit through drugs?

To be guilty of driving whilst unfit, the prosecution must prove:

• You were driving (or attempting to drive or in charge of) a vehicle on a road or public place; and
• You were unfit to drive; and
• This was due to any drug (medication or illegal)

What is driving over the drug limit?

Since 2015, it has been an offence to drive (or attempt to drive or be in charge of a vehicle) on a road or public place with certain drugs in your blood above fixed limits. Limits have been set for 17 drugs, covering legal and illegal drugs.

Illegal drugs and the drug driving limit

The limits for illegal drugs are set very low, so that even trace amounts can lead to a prosecution. The limits do not provide any indication that the driver’s behaviour or ability to drive are affected by the drug. As these drugs are illegal, effectively a zero tolerance approach has been adopted.

Legal drugs and the drug driving limit

These are prescription or over-the-counter medications. Limits are set at levels where there is an increased risk of road traffic collision and are higher than would be expected in someone who has taken a normal dose as medicine.

What about prescription drugs?

The limits set for legal, medication drugs are lower than would be expected in someone taking a normal dosage of the drug.

For example, people taking Lorazepam as a prescribed medicine would normally have a blood concentration of 10-20 µg per litre of blood. The legal limit is set at 100 µg/L.

Even if your blood sample is over the limit for a drug, providing you are not impaired by it, there is a defence if the drug has been taken for medical purposes. This applies if:

• the drug has been prescribed or supplied for medical purposes; and
• it was taken in accordance with the instructions given; and
• the driver was lawfully in possession of it.

The defence cannot be used where the driver did not follow the instructions about the amount of time that should elapse between taking the drug and driving.

What are the penalties for drug driving offences?

If convicted of a drug driving offence, the court must impose a disqualification from driving for at least 12 months. This can only be reduced or avoided if the court finds that there are “Special Reasons” relating to the offence. The court cannot impose a ban for less than 12 months based on the hardship that would be suffered as a result of it. In addition, the court can impose the following:

• Prison for up to 6 months
• Suspended Prison Sentence
• Community Order
• Unlimited fine

What should I do if I am accused of drug driving?

These are technical offences and involve complicated procedures for the police to follow. Very often, there are mistakes made which mean there is a lack of evidence. Defence experts may be able to challenge the prosecution evidence.

If you would like advice about a drug driving allegation, contact one of the solicitors at your local office or Nottingham road traffic solicitor Graham Heathcote on 0115 9599550 or use the form below.

All posts by Andrew Wesley/h3>

On the 8th October 2017, Nottingham regulatory solicitor Martin Hadley  attended, by invitation, the Pharmacy Show at the National Exhibition Centre in Birmingham.

There were over seventy exhibitors stands.  There was also an opportunity for attendees to take advantage of over sixty hours Continuing Professional Development training.

It was clear from the show that the  pharmacy profession brings together a great many different individuals and organisations. The exhibitors included the manufacturers of highly technical items for use in the pharmacy.  These included robotic dispensing systems and data collection software programmes.

There were a significant number of manufacturers of pharmacy products including natural products, over the counter items and prescription only medications.

Professional bodies were represented including the Royal Pharmaceutical Society and the Association of Pharmacy Technicians. Furthermore, the association bodies of the Pharmacist Defence Association and National Pharmacy Association were there to help and advise their members.

It was enlightening to hear views on the profession from Julian de Bruxelles from the Independent Community Pharmacist publication. Similarly, Charlotte Basely from Today’s Pharmacist was able to give Martin an insight into current issues in the profession.

Martin was able to meet with fellow professional colleagues Jennifer Kelly and Kulzinder Garcha of HRC Law,  and Laura Pyatt of Ansons Solicitors. They all offer valuable legal services to the pharmacist.  These include related commercial work such as property and business sales and purchases, as well as advice on employment matters.

As a result of the meeting, Martin was able to highlight the complementary service that he is able to offer in advising on any regulatory issues that can arise.

Martin found the fair and extremely useful day so intends to return next year.

Contact Nottingham regulatory solicitor Martin Hadley

A recent instance of Martin providing advice and representation to a pharmacist where he successfully defended allegations of dishonesty can be found here.

Nottingham regulatory solicitor Martin Hadley is in a position to provide his services nationwide.  If you wish to discuss a case with him then please telephone him on 0115 9599550 or alternatively you can email him here.

All posts by Andrew Wesley/h3>

Convicted Before A Magistrates’ Court – Can I Appeal?

If you have been convicted by the Magistrates’ Court you might feel aggrieved at the outcome.  It is natural that you will wish to consider a Magistrates’ Court appeal.

Your grievance may arise because you think that your case was not prepared correctly.  It might be that you believe that the Magistrates’ reached the wrong result on the evidence that was heard.

For many people, a conviction can be a major barrier to obtaining or keeping employment.  It may be an impediment to overseas travel.  This may well be the case even where the offence itself is relatively minor.

We acknowledge that the court process can be far from perfect. If you have a grievance, it is only right and proper that you consider your options. including a Magistrates’ Court appeal.

So, what can I do about it?

The first thing to remember is that you must act quickly.  You only have 21 days from the date of sentencing to appeal your conviction.  As a result you should not delay in contacting us to discuss your Magistrates’ Court appeal.

If more than 21 days have passed then all might not be lost.  Please get in touch as soon as possible so that we can advise you about the possibility of an ‘out of time’ appeal.

When you contact us, we will also be able to consider and advise as to whether there are other avenues of appeal.  These may be either by way of judicial review or appeal by way of case stated.  Both of these methods of appeal are to the High Court.  These might be more suitable.

I pleaded guilty, can I appeal?

You might be able to appeal against ‘conviction’ if you pleaded guilty.  This will only be possible in limited circumstances.  These will exist only if your plea is ‘equivocal’. In this instance, there are two potential remedies that we will discuss  with you.  We will provide advice accordingly.

Do I need permission for a Magistrates’ Court appeal?

An appeal against conviction from the magistrates’ court to the crown court is what is termed ‘an appeal as of right’.  This means that you do not need any permission to appeal as long as your appeal is in time.

In effect, you are entitled to ‘2 bites of the cherry’ in terms of your conviction.  There are, however, some other issues such as sentence and costs that you should consider first.

Is my Magistrates’ Court sentence suspended pending an appeal?

Your sentence is not suspended pending appeal, although:

• we can apply for bail if you are in custody; and
• Apply for any driving disqualification to be suspended.

If you have been made subject to a community order, this will need to be complied with.  We will, however, take steps to try and expedite the hearing.

What happens at the appeal hearing?

The crown court, presided over by a Judge and Lay Magistrates (rather than a jury), will hear the case afresh.

As a result we have a valuable opportunity to review the case again on your behalf.  We will be able to identify what might have gone wrong at the first trial.  This will allow us to take steps to remedy any failures.

We can also examine what other evidence ought to the gathered on your behalf.  We can advise on any additional lines of attack that can usefully be deployed against the prosecution case.

If I lose the appeal, what happens?

If this happens then you will be re-sentenced by the crown court.  In addition you will be liable for prosecution costs. We will have an opportunity to discuss the costs implications with you in detail before you make any decision as to whether to appeal.

It is important to note that the crown court is not restricted to the same sentence imposed by the magistrates’ court.  As a result you may receive a higher penalty.

This will be one of the risks that you will need to balance.  This is also why we will at an early stage examine the other avenues of appeal with you such as judicial review and case stated.

Can I get legal aid?

Many people are eligible for legal aid.  We will advise you as to your eligibility when we meet with you.

If legal aid is not available for your Magistrates’ Court appeal then we will be happy to discuss fixed fee arrangements.  The cost of our high-quality representation is almost certainly much less than you might imagine it to be.

If you are successful in your appeal, and have funded your case privately, then some of your costs may be refunded to you.

Contact your nearest office for advice

Although you must act quickly in relation to your Magistrates’ Court appeal you must also consider it fully.  Please contact your nearest office to speak to a solicitor experienced in criminal law to provide you with full advice.

Alternatively you can use the contact form below and we will be in touch with you.

All posts by Andrew Wesley/h3>

Proposed increase in sentences available for animal cruelty offences

The government has recently announced that it is planning to introduce legislation which will increase the maximum custodial sentence for animal cruelty offences under the Animal Welfare Act 2006.

The current limit is one of six months’ imprisonment.  The new proposals would raise this to five years. This would bring England and Wales into line with other countries’ policies on animal cruelty.  It would also correct an issue of proportionality in relation to penalties available for other offences.

Offences covered by the Act

The Animal Welfare Act 2006 makes all of the following a criminal offence:

• causing animals unnecessary suffering (whether intentionally or not)
• improperly docking dogs’ tails
• causing unnecessary mutilation
• administering unauthorised poisons or drugs
• participating in the organisation or facilitation of animal fights
• failing a duty of care to particular animals.

The Act adopts a wide definition of ‘animal’.  It includes any “vertebrate other than man.”

Current sentencing policy

The Act allows for a range of penalties.  These range from absolute discharges to custodial sentences of up to six months in length. The statistics on sentences imposed upon people convicted of animal cruelty in 2015 are revealing. In that year, 933 people were convicted of offences under the Animal Welfare Act.

A breakdown of that total shows the following distribution of the penalties for animal cruelty offences:

Penalty                                                          Number of people

Immediate custodial sentence                     91
Suspended sentence                                          202
Community sentence                                        341
Fine                                                                              177
Conditional discharge                                       100
Absolute discharge                                              3
Other                                                                            20

The RSPCA has investigated the custodial element of that breakdown further. Only three people received the maximum sentence of six months’ imprisonment. Those who received four-month sentences included, it is argued, offenders who gained credit for a guilty plea having committed an offence that potentially warranted a six-month sentence.

Why some say that increase is necessary

The view of the Government and various animal rights organisations is that a disconnect exists between these punishments and the  animal cruelty offences themselves.  Recent cases which have prompted this change include a man who purchased a number of puppies for the sole purpose of killing them by beating, choking and stabbing. The current sentences available to the courts are unable to do justice to such instances of cruelty.

The reforms are also supported by the manifest disparity between penalties for animal cruelty offences in England and Wales and those in other jurisdictions.

For example, the maximum sentences for animal cruelty in Germany and Northern Ireland are three years and five years respectively.

The argument is further strengthened by looking at the maximum sentences attached to other crimes. Fly tipping, for example, carries a maximum sentence of five years’ imprisonment. The same sentence is also the limit for abstracting electricity. Many would argue that the damage and requisite mind-set involved in animal cruelty offences should mean the maximum penalty should at least be to that of these other crimes.

The new guidelines and their context

The Government is planning to produce a draft of the new legislation towards the end of the year. The main provision will be the increase in the maximum sentence for animal cruelty from six months’ imprisonment to five years. People who commit the most serious crimes against animals, such as the example reported above, may then face a prison sentence which is measured in years.  It will be comparable to a conviction for an offence such as assault occasioning actual bodily harm.

This policy change follows a previous related announcement on the proposed use of CCTV cameras in slaughterhouses. The timing of both proposals represents an attempt to change the UK’s reputation for animal welfare as it leaves the European Union.

Contact one of our solicitors – we are here to help

Animal welfare legislation is complex and can lead to a prison sentence.   It therefore makes sense to instruct an expert if you are under investigation or facing court proceedings.

We will be able to provide you with free and independent legal advice at any interview under caution.  If charged we will provide you with the expert advice and representation that you will need to ensure the best outcome for you at court.

You can find details of your nearest office here.  Alternatively you can use the contact form below.

All posts by Andrew Wesley/h3>

On Friday 6 October Derby criminal law solicitor Nick Wright gave a presentation to the Magistrates’ Association at Derby Magistrates’ Court.

This was at the invitation of Barbara Richardson, Chair of the Bench, and Chris Walker who is in charge of training.  Nick was joined by fellow local solicitor Andy Cash.  Andy gave his presentation about client issues relating to legal aid and other funding.

Nick relied upon his years of experience to give an insight into the role of the defence solicitor at the police station and at court.  He also helped the Magistrates understand the work that goes into the preparation of a case before it is presented in court.  He also brought Magistrates up to date with the current situation in relation to he potential for further criminal legal aid cuts.

The event was well attended by fifty or so local Justices of the Peace from East Midlands courts.  Feedback suggested that the presentation was much appreciated.  Over the two and a half hours Nick and Andy were able to answer many questions and hopefully provide a better understanding of defence work.

We are pleased to be able to continue a long tradition of providing such training to the Magistrates when asked.  Nottingham partners Nick Walsh and Andrew Wesley have both helped with similar events in Nottingham over the years.

Contact a criminal law specialist

It may make sense for you to instruct a criminal solicitor who trains the very Magistrates who will be making a decision about your case.  If you have court proceedings before Derby Magistrates’ Court then please do not hesitate to call Nick on 01332 546818 or use the contact form below.