All posts by Andrew Wesley/h3>

When people think about those being caught drink or drug driving, the cliche involves a man leaving a pub late at night, being seen to be driving erratically and then being stopped by the police.  Although this scenario may often be the the backdrop to an arrest for drink or drug driving, often the story is quite different.

The morning after the night before begins with a headache, followed by groans as the body and mind adjusts to the horrible thought that this is not a weekend and work beckons.

A quick shower revives the senses and off to work you go. Traffic is heavy as usual, drivers as intolerant as ever, and the rain contributes only to a sour mood amongst drivers. Then bang – a relatively minor shunt causing minimal damage to really kick off the day well.

It is, however. often this kind of minor road traffic incident that will cause traffic chaos at a peak time and attract the attention of the police with the result that there is roadside testing for drink and drugs.

 

The fact that you look great, feel fine and are not responsible for the accident will do nothing to mitigate the alcohol or drug levels in your body.  Anyone who tells you that you can confidently predict alcohol or drug levels the morning after is not telling the truth.

What happens next may make the earlier headache pale into insignificance.

An arrest, charge and court appearance resulting in a minimum period of disqualification.

Will you keep your job? What will your partner say?

 

The safest message remains ‘none for the road’.

In some cases, there are legal defences available, and we can discuss these with you.

Sometimes there are arguments to avoid a disqualification.

When a legal defence is not possible, we work hard to mitigate the sentence and get your life back on track.

The Christmas drink drive campaign 2019

Your local police force will now have in place its Christmas and New Year drink and drug driving campaign, roadside testing will increase, and officers will be extra vigilant.  You can read about the Nottinghamshire campaign here.

We hope that you do not need our services over the festive period, but if you so please be assured that we are here, on your side 24 hours a day.

Contact a drink drive specialist lawyer

If you do make a mistake and find yourself in trouble, there is a lot we can do to assist you.

In some cases the police will want to interview you about the offence.  If this is the case, whether under arrest or as a volunteer, always make sure you seek our free and independent legal advice.  You can read about the benefits here.

The police must follow complex procedures to establish a case against you.  Our lawyers will be able to analyse the evidence to ensure that the procedures have been followed.  We can successfully challenge the evidence in your case.

A road traffic solicitor can also investigate issues such as ‘laced drinks’ which can raise the opportunity to avoid disqualification.  We will also consider other ‘special reasons’ that could be raised on your behalf.  This might include the shortness of distance that was driven.

Well-presented mitigation can make a real difference to the outcome. Even where a disqualification cannot be avoided, we can often achieve a reduction in length.

Legal aid might be available dependent upon your means and the circumstances of your case.  Alternatively, you will be able to fund your case through an affordable fixed fee.

Contact one of our drink drive solicitors at your nearest office if you are being investigated by the police or taken to court as a result of the Christmas drink drive campaign.  They will, of course, be able to discuss and other driving matters that you face.

Alternatively you can use the contact form below to ask for a call about your case.

All posts by Andrew Wesley/h3>

The deadline for registering to vote for the General election 2019 has now passed.  Those who choose to vote will go to the polls on 12th December 2019 to decide the political makeup of the next parliament.

The Representation of the People Act 1983 creates a number of offences concerned with political elections and those engaged in political party management should receive detailed training in this regard.

 

But what happens if people fall foul of the law?

The guideline case in this area is Hussain [2005] EWCA Crim 1866, where the following observations were made.

Why election offences are so serious?

‘Among the most important features of the way of life in this country is, first, the fact that this country is a democracy. It has a form of government based upon the principle that, subject to limited exceptions, each individual member of the public is entitled to a single vote to elect the government of the day, whether national or local. In this process of election every vote should be of equal value. The second feature is that, although we have no reason for complacency, the government in this country (both national and local) is usually free from any form of corruption. The third feature to which we draw attention is that the principles to which we have already referred are every bit as much as important in the case of local government as they are in the case of central government.’

The danger to democracy

‘If in a democratic society the electoral system is contaminated by corruption or fraud, it will be rendered worthless. It is the responsibility of the courts and our justice system as a whole, so far as it is within the courts’ jurisdiction, to protect the country’s electoral system.

This is a responsibility to which the courts must attach the greatest of importance.’

The need for deterrent sentences

‘Having regard to the nature of those offences, it was of importance that the punishment that was passed was one which would deter others from committing offences of that sort.

Even a deterrent sentence has to be proportionate to the offence and not unjust in relation to the offender. However, a deterrent sentence is passed by the courts with the primary object of deterrence.’

Age and good character of limited mitigation, possibly aggravating the offence in some cases

‘… the circumstances of the offender, such as the fact that in this case the applicant is now aged 62 and suffers from angina, become of significantly less importance. So does the fact that hitherto he had been a leader of the community to which he belonged and that he was regarded by those in the community who knew him as being entirely estimable. Indeed the very fact that he had this reputation within the community meant that it was easier for him to commit these offences.

No doubt if his name had not been associated with the election in the way that it was, it would have been more difficult for those who were acting on his behalf to persuade people to entrust their voting papers to their custody. The applicant took advantage of members of his own community who were less educated and less able to protect themselves than the majority of the electorate in this country. They did not understand what they were doing when they handed over the papers. He used others to carry out his fraudulent intentions.

By doing so they became part of a conspiracy to undermine the electoral system. These were calculated offences.’

Actual Sentences Imposed

In the case of Hussain a sentence of 3 years 7 months was imposed for large-scale election fraud.

In Fadaka (2015) which concerned a false statement concerning candidate eligibility a suspended sentence of 12 months was quashed and 6 months immediate term imposed instead.

And finally, in Khan (2009), another fraud case in relation to ‘ghost voters’, the court commented that the appellants were wise not to appeal sentences of 42 and 54 months.

The clear message from the Court of Appeal is that election fraud offences will be treated extremely seriously and immediate custody is almost inevitable.

Contact a specialist criminal law solicitor

If you are arrested or know that the police wish to speak to you about an offence arising out of the General Election 2019 or any political election then 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.

All posts by Andrew Wesley/h3>

It is a common occurrence to come across suspects and defendants who feel extreme anger and frustration at being caught up in the criminal justice process.

That anger sometimes spills over into the public domain, and the free availability of social media platforms such as Facebook and Twitter can allow for an all too easy way to express frustration.

When those frustrations contain or imply an attack upon the complainant in their criminal case, there can be repercussions in the event of a conviction. It is therefore ordinarily wise for accused persons, and those close to them, to maintain a dignified silence, no matter how hard that might be.

 

Example 1: Stuart Hall

Former TV Presenter Stuart Hall incurred the wrath of the Court of Appeal in respect to remarks he made in a public statement. He referred to the allegations against him as ‘pernicious, callous, cruel and above all spurious.’

The court observed:

‘Whatever legal advice the offender had by then been given, he knew the truth. He knew that he was guilty of molesting the complainants. As we have said, this deliberate falsehood is a seriously aggravating feature. 68. The offender was an expert in the ways of the media. He was fully alert to the possible advantages of manipulating the media. At that date he was hoping to escape justice and he was, as we see it, attempting to use the media for the purpose of possibly influencing potential jurors. Whatever it may or may not have done to influence any potential juror, we have a clear idea of what it did to some of the victims. One victim describes how the offender’s outburst “absolutely incensed” her. She felt furious about his blatant lies. There is a similar impression from another victim.’

Example 2: Max Clifford

In the case of Max Clifford who made numerous public statements proclaiming his innocence, the court said:

‘In passing sentence the judge referred to certain behaviour of the appellant. Some of it had been commented on in the victims’ impact statements. They had been upset by it. The judge said that the “additional element of trauma” caused by the applicant’s “contemptuous attitude” was something that he would take into account in passing sentence.

The first statement was a forceful claim of innocence reflected later in the defence advanced, but not directly referring to the victims. The second statement was a reiteration of innocence followed by a vehement complaint about the fact that the victims were entitled to anonymity. The reiteration of innocence again did not directly impugn the victims. The complaints about anonymity relate to a feature of the criminal process. They concern a topic which arouses public debate from time to time and which has been the subject of different views in Parliament on different occasions.

Whilst we readily understand that victims who were eventually vindicated would find such comments upsetting, we think that great care needs to be taken by sentencing courts not to elevate denials, albeit vehement, into something deserving of further punishment in the absence of some more explicit traducing of the victim. The court, of course, is perfectly entitled to reflect these matters in withholding available mitigation since the offender has shown no sign of remorse. Similarly, an offender who has contested the trial will lose what might be substantial credit for a guilty plea. We think that these remarks, properly considered, would of course justify a withholding of mitigation, but they should not have been used by way of positive aggravation.’

Potentially aggravating comments

Taking these two cases together, it would appear that there is a fine line between statements that might reduce mitigation and those that may well aggravate the offence. Either-way, there may be a high price to be paid for making public pronouncements.

Before making any public statement about your case, it is essential first to take legal advice. We are well versed in the pros and cons of allowing a situation to play out in public and can advise you as to the best course of action.

Contact a criminal law specialist

By the time a decision is made to charge you with an offence, you will have already wanted to seek our independent advice.

If you are arrested or know that the police wish to speak to you about such a fraud arising from a holiday insurance claim then 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.

All posts by Andrew Wesley/h3>

We are in the midst of a general election campaign, so it is perhaps not surprising that ‘law and order’ are featuring in the news as the main political parties fight for the popular vote.

While as a firm, we do not offer any party-political opinion, it is worthwhile taking a brief look at some of the recent announcements and scrutinise the reality of the pledges being made.

 

Child murder

The Conservatives propose that where a person aged at least 21 murders a child under 16 years of age the starting point should be a ‘whole life order’.  This means that they would never be eligible for parole.

The Criminal Justice Act 2003 already contains measures in this regard.  This is, on the face of it, a tightening up of those provisions. It is our assessment however, if enacted this provision is unlikely to impact on more than one or two cases each year.

Knife Crime

Knife crime remains high on the political agenda, and we have written about this topic in the recent past both here and here.

The Conservatives propose changes to stop and search powers with swift processing of those arrested before the courts.  Any changes to stop and search provisions are likely to prove controversial, and there are concerns about whether the current resourcing of the criminal justice system is sufficient to cope with any such radical new initiatives.

Policing

The conservatives have already announced the recruitment of 20,000 extra police officers.  Some observe that this will not actually replace the number of officer lost since 2010. Further, it is a fair assumption that if this target is reached, and all other things remain equal, more people will be arrested and brought before the courts. Again, some resource implications remain unaddressed in terms of court sitting days and prosecution resources.

The Liberal Democrats have pledged a further £300m for local policing.

Parole Board

The Conservatives have announced further changes to practice and procedure, to make the process more ‘victim-centric’ and transparent.

In addition the Conservatives propose raising the ‘victim surcharge’ by 25%.  However, the most recent stories show that such penalties are often remaining unpaid, particularly as they also apply to those serving long custodial sentences.

Is this a ‘Law and Order’ election?

The Conservatives have returned to a traditional ‘law and order’ theme, tough on crime and tough on the causes of crime. As well as punishment, there are promises of better prison rehabilitation schemes and more robust non-custodial options.

Other parties do not lead on this issue in quite the same way, but all promise better resourced public services, which inevitably includes policing.

Keeping a watching brief

Whatever laws the next government brings forward, we remain committed to ensuring that the proper rights and protections afforded to all those we represent are safeguarded.

We continue to be vigilant and ensure that any legislative developments that are brought forward do not infringe your fundamental rights and freedoms.

How can we help?

Aside from keeping you informed of developments in the law, we offer a full range of services to our clients in relation to criminal law.

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 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.

All posts by Andrew Wesley/h3>

The prosecution, via the Attorney General, has the right to ask the Court of Appeal to consider whether sentences for certain offences are unduly lenient.

 

How does the scheme work?

Anyone can ask the Attorney General to consider whether a case has resulted in an unduly lenient sentence. If the Attorney agrees an appeal will be lodged within 28 days of that sentence and the court will consider the matter.

This scheme is essential protection against sentences that are too lenient.

We have previously posted about the scheme here.

Can it be used for any offence?

There is a list of offences that the unduly lenient sentence scheme applies to.  It is a relatively extensive list, but the government has announced that further offences are soon to be added to it.

How often are appeals lodged?

The Attorney General does not invite the court to interfere lightly.  Even though around 1,000 requests for a review are made each year only a fraction are referred to the court.  Typically between 100 and 150 sentences are increased each year.

In all cases where an appeal is heard, we will fight extremely hard to prevent any increase in sentence.

What offences are to be added to the list?

The following offences will be added:

• Abuse of position of trust: sexual activity with a child (s.16 Sexual Offences Act 2003),
• Abuse of position of trust: causing or inciting a child to engage in sexual activity (s.17 Sexual Offences Act 2003)
• Abuse of position of trust: sexual activity in the presence of a child (s.18 Sexual Offences Act 2003)
• Abuse of position of trust: causing a child to watch a sexual act (s.19 Sexual Offences Act 2003)
• Inciting a child family member to engage in sexual activity (s.26 Sexual Offences Act 2003)
• Sexual activity with a person with a mental disorder impeding choice (s.30 Sexual Offences Act 2003)
• Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity (s.31 Sexual Offences Act 2003)
• Engaging in sexual activity in the presence of a person with a mental disorder impeding choice (s.32 Sexual Offences Act 2003)
• Causing a person, with a mental disorder impeding choice, to watch a sexual act (s.33 Sexual Offences Act 2003)
• Possession of indecent photograph of a child (s.160 Criminal Justice Act 1988)
• Taking, possessing, distributing, publishing Indecent Photographs of Children (s.1 Protection of Children Act 1978)
• Harassment: putting people in fear of violence (s.4 Protection from Harassment Act 1997)
• Stalking involving fear of violence or serious alarm or distress (s.4A Protection from Harassment Act 1997)
• Controlling or Coercive Behaviour in an Intimate or Family Relationship (s.76 Serious Crime Act 2017).

How we can help

If you have instructed VHS Fletchers in your case after your sentencing we will give you immediate advice if we have concerns that there may be a complaint that you have received an unduly lenient sentence.  Unfortunately, the process is out of our hands however and we have no control over whether or not a reference is made.

In the event of an appeal, a great deal of work can be done on your behalf to prepare your case for this next stage.  Thorough preparation can make all the difference as to whether or not the court of appeal interferes with your sentence.

If you face an appeal on the basis that you received an unduly lenient sentence or are concerned about any aspect of criminal law or sentencing then do not hesitate to contact your nearest office to speak to a criminal law specialist.

Alternatively you can use the contact form below.