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At 2 pm on Saturday 21 March 2020, a law came into force which forced the closure of some businesses.

This law was enacted by virtue of The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (and mirror regulations that apply in Wales). The statutory instrument was made in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984.

Which businesses must close?

Schedule 1 of the regulations state that the following businesses must close:

Restaurants, including restaurants and dining rooms in hotels or members clubs.

Cafes, including workplace canteens, but not including—

cafes or canteens at a hospital, care home or school;

canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence;

services providing food or drink to the homeless.

Bars, including bars in hotels or members’ clubs.

Public houses.

Cinemas.

Theatres.

Nightclubs.

Bingo halls.

Concert halls.

Museums and galleries.

Casinos.

Betting shops.

Spas.

Massage parlours.

Indoor skating rinks.

Indoor fitness studios, gyms, swimming pools or other indoor leisure centres.

Other business types will likely be added to this list if the government adopts more stringent lock-down measures.

What is the penalty if businesses defy the law?

An unlimited fine can be imposed on the business and any officer of the company who has consented or connived etc. so keeping the business open (regulation 3).

There are, however, other powers available to local authorities who are in charge of policing compliance with these regulations.

Businesses that breach them will be subject to prohibition notices, and potentially unlimited fines. As a further measure, and if needed, businesses that fail to comply could also face the loss of their alcohol license. More draconian powers are also available under the Public Health (Control of Disease) Act 1984, and further powers will soon be law when the Coronavirus Bill becomes law.

In some cases, injunctive relief may be granted, the breach of which could be punished by up to 2 years imprisonment.

There are also reputational issues that need to be considered.

We can advise on all aspects of criminal and regulatory law, if any business is uncertain as to its legal obligations during this worrying time, please do not hesitate to get in touch with us.

How can we help?

Breach of this legislation is likely to be treated seriously as it is designed to avert a national crisis.

If you are arrested or know that the police wish to speak to you about an allegation, make sure you insist on your right to free and independent legal advice.

The advantages of such early advice 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.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

Alternatively you can contact us using the form below.

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A telephone conference between the Recorder of Nottingham Greg Dickinson QC and local practitioners took place today,  Matters discussed were as follows:

• Nottingham Crown Court has 74 trials listed between now and the end of April.  The majority are 3 days or less.  Of those the split is approximately 50/50 between bail and custody.
• Parties are encouraged to communicate to try and identify cases that can be compromised.
• Cases to be assigned to Judges so that they can be asked for input in appropriate cases.
• 90% of work won’t require a jury.  The court and practitioners should be concentrating on those cases that we can do.
• Use of telephone, skype and video link will be used to avoid attendance of as many people as possible if trials run.
• There was perhaps a general acceptance that trials, whatever their length, are not going to take place.
• The court is to consider the operation of a 24 hour emergency number for parties to use to notify the court if there are problems which mean hearings will not be effective to avoid unnecessary attendance of witnesses, jurors etc.
• It is envisaged that the government will enact legislation to suspend custody time limits.
• The principle concern will be the health of all participants in the court system.

If shorter trials are to continue then:

• the court will endeavour to list matters to convenience of advocates.
• the court will not bring trial matters forward without full discussion with the parties.
• consideration to be given to advocates not to have to be robed and wigged to avoid having to use the robing room.

It is likely that all cases listed for trial next week will be listed for Mention on Monday without the need for witnesses and jurors for further directions to be given.

A further meeting has been fixed for Monday 23 March to consider next steps.

 

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Practitioners and potential detainees may find this document helpful in terms of how Derbyshire police will be processing prisoners who have, or are suspected of having, the COVID-19 virus.

Derbyshire Constabulary Custody : COVID-19 Contingency Plan

How can we help?

Not much.  And we have no toilet paper stash either.

The best we can do is publish information relevant to your police investigation and court case as we find out about it.  Follow us on one of our social media feeds for up to date information.

If you have a specific query about your case, or know that you can’t make an important date due to illness, please contact your nearest office straight away.

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As the UK prepares to move into the ‘delay phase’, changes are expected to criminal justice procedure. So, what might be expected to change?

Criminal Investigations

In the event of any public disorder, work on low priority criminal investigations may slow or stall entirely as police resources are diverted elsewhere.

Most police custody suites hold relatively few individuals and they are generally not held in close proximity, so this should not present any particular difficulties for policing.

If police officers are off sick, capacity may be affected, and this again may impact on police work volumes.

Precautions already in place, such as not shaking hands and being extra vigilant to observe basic hygiene rules are likely to be emphasised.

Criminal Proceedings

Some criminal processes can be changed by way of secondary legislation, so it is possible that custody time limits which regulate the maximum period a person can be held in custody, might be lengthened (The Prosecution of Offences (Custody Time Limits) Regulations 1987).

Other processes will need to be changed by way of emergency legislation.

The Civil Contingencies Act 2004 does not permit changes to ‘criminal proceedings’. The term ‘criminal proceedings’ is not defined in the Act and has been the subject of intense discussion in the past (concerning terrorist provisions), but would likely be interpreted as being the point from charge.

Therefore, it is likely that the government will have to introduce further emergency legislation to deal with changes to video-link arrangements and case management, particularly as the use of juries may become too high a risk.

We are however unlikely to see the equivalent of ‘Diplock Courts’ (trial by Judge alone).

Prisons

Prisoners are held in a large population at close quarters, and this makes the prison estate a high-risk area for the spread of infection. The absence of prison staff due to illness will increase pressures further and may leave some prisons too challenging to manage.

The Secretary of State already has powers that would allow for the early release of prisoners, and this may need to happen, no matter how politically unattractive this may seem.

We will have to wait and see what proposals emerge as the coronavirus spread continues. Be assured, however, that at the forefront of our thinking will be safeguarding of fundamental rights, and we will not hesitate to challenge any processes that threaten to weaken these.

How can we help?

Not much.  And we have not toilet paper stash either.

The best we can do is publish information relevant to your police investigation and court case as we find out about it.  Follow us on one of our social media feeds for up to date information.

If you have a specific query about your case, or know that you can’t make an important date due to illness, please contact your nearest office straight away.

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A new series on Netflix, ‘The Stranger’, is receiving rave reviews.  Viewers have been keen to discover the secret being kept from lawyer Adam Price as he searches for his missing wife.

There are many sub-plots along the way that involve the blackmail of several individuals keen to suppress unsavoury stories that could otherwise make their way into the public domain.

 

What is ‘blackmail’?

Section 21 of the Theft Act 1968 defines the offence in the following terms:

“A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:

(a) that he has reasonable grounds for making the demand; and

(b) that the use of the menaces is a proper means of reinforcing the demand.

The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.”

In almost all instances the offence involves a threat to reveal information known about a person unless that person, or another on their behalf, pay to keep it a secret.

What is the penalty for blackmail?

The offence carries up to 14 years imprisonment.  As a result it is one of the most serious crimes on the statute book.

In Hadjou 11 Cr App R (S) 29 the offence was described as one of the ugliest and most vicious criminal offences, akin to “…attempted murder of the soul”.

These are some examples of the general approach to sentencing:

Mincher [2016] EWCA Crim 1528

A sentence of two years imprisonment had been passed, suspended for two years.  This was judged to be unduly lenient and replaced with five years imprisonment.

In this case the defendant had threatened the victim that if he did not give her the money she wanted, she would tell the police that he raped her.  The defendant took in total £40,000 from the victim and was described as a socially awkward and vulnerable man.

The court held:

“Blackmail [is] one of the most serious and vicious offences in the criminal calendar. The authorities suggest that threats to disclose discreditable conduct, whether that conduct occurred or not, are to be taken even more seriously because the injury done to the victim “tends to be enduring fear, ever present anxiety and fear of discovery which gnaws away at the victim for long periods”.”

MJC [2015] EWCA Crim 1519

Here, a sentence of two years imprisonment was reduced to eight months on appeal.  The defendant was a 33-year-old married man of good character.  His wife’s 14-year-old sister became involved in an exchange of sexually explicit images with a 16-year-old boy, the victim. The defendant, aware of the pictures, threatened to report the complainant to the police unless he was paid £75.

The court held:

“In the present case, it is evident that there was no sophistication or premeditation in the blackmail. However, for a mature man to make the kind of threats he did to a misguided young man, as the appellant did in this case, albeit over a limited period of time, was plainly deeply unpleasant.”

These cases show that while there may be a wide variation in sentencing, the result will be very much fact specific.  No case has the status of a sentencing guideline, but in almost all cases a sentence of imprisonment will result.

Contact a criminal law specialist

Blackmail will always be treated as a serious matter.

If you are arrested or know that the police wish to speak to you about an allegation involving blackmail, make sure you insist on your right to free and independent legal advice.

The advantages of such early advice 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.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

Alternatively you can contact us using the form below.