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The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences.  At the moment, guidance is to be found only in case law.  This can lead to a challenging sentencing exercise.

The purpose of the guideline is to provide consistency in sentencing for firearms offences.  The impact assessment does not suggest that any general increase in sentences is to be expected, although in many instances the Sentencing Council was met with a weak evidence base to evaluate this one way or the other.

If consistency is achieved, then you could expect some sentences to increase and some decrease.  Overall average sentence lengths for firearms offences should remain broadly level. However, experience with some other guidelines does suggest that sentence length may creep upwards.

Overall, we would expect it to be easier to predict the likely sentence that a person might receive on a plea or after trial.

One interesting observation is concerning statutory minimum sentences for some offences:

“The Council was surprised to note that exceptional circumstances were being found in around two thirds of disguised weapons cases (section 5(1A)(a)) which appeared to run counter to the principle that in order to justify the disapplication of the five year minimum, the circumstances of the case must be truly exceptional.”

The Council, therefore, felt that:

“Setting out the principles in a guideline is likely to lead to them being more consistently applied, which in turn could lead to exceptional circumstances being found in fewer cases.”

It was also noted that recent changes to Crown Prosecution Service charging guidance for some firearms offences would in itself lead to fewer mandatory sentence cases being prosecuted.

You can read more about the prosecution guidance here.

Cases where we argued to avoid a minimum sentence for our clients can be found here

and here

Which firearms offences will the new guideline cover?

Eight guidelines will cover the following offences in the Firearms Act 1968:

• Possession, purchase or acquisition of a prohibited weapon or ammunition
• Possession, purchase or acquisition of a firearm, ammunition or shotgun without a certificate
• Possession of a firearm or ammunition by person with previous convictions prohibited from possessing a firearm or ammunition
• Carrying a firearm in a public place
• Possession of firearm with intent to endanger life
• Possession of firearm or imitation firearm with intent to cause fear of violence
• Use of firearm or imitation firearm to resist arrest, possession of firearm or imitation firearm while committing a Schedule 1 offence or carrying firearm or imitation firearm with criminal intent
• Manufacture or sell or transfer or possess for sale or transfer or purchase or acquire for sale or transfer a prohibited weapon or ammunition.

The consultation runs until mid-January, so it is likely to be Summer 2020 before any new guidelines take effect.  That is not to say, however, that some judges will not have them in mind before then.

The link to the consultation can be found here.

Instruct a firearms offences expert

Although all of our lawyers are experienced in providing advice and representation in cases involving the unlawful possession of a firearm, our clients are also fortunate to be able to instruct firearms specialist Andrew Broome.

You can read about a successful defence of such a case here.

Firearms offences will always have the potential to be treated seriously by the courts upon conviction.  As a result, if you are arrested or know that the police wish to speak to you about any offending arising from your possession of a firearm 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.

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As the government prepares to bring us out of the European Union on 31^st October 2019, details have begun to emerge as to the legal and regulatory position if we leave without a deal.

Some of the first information released relates to firearms, although it regrettably raises more questions than it answers.

Given the importance of complying to the letter with firearms laws both here and abroad, those affected must take steps to keep up to date, and this may involve quite close monitoring over the next few weeks. The same is true in relation to other areas of regulatory and criminal law compliance.

 

What is the current situation?

A UK resident who wants to travel to the EU with their shotgun or a firearm can apply for a European Firearms Pass. This is a licence, or passport, that allows travel between member states, you must also have a licence from the UK to hold the firearm. Depending on the country you are travelling to, there may be other documents required. All weapons have to be declared to customs and also to the travel company you are using for transport.

Will the European Firearms Pass change?

If the UK leaves the EU without a deal, you will no longer be able to apply for a European Firearms Pass.

What will happen instead?

You will need to check the firearms licensing requirements of the country, before travelling.

This will also apply if you are in an EU country with the firearm with a European Firearms Pass at the time the UK leaves the EU.

What about visitors to the UK?

If you are sponsoring a visitor from the EU, who wants to bring a firearm to the UK, you need to apply to the local UK police force for a visitor’s permit. A permit that is issued before the UK leaves the EU remains valid until it has expired.

Once the UK leaves the EU, the European Firearms Pass will no longer be recognised for EU visitors to the UK. Sponsors of visitors will not need to show a valid Pass.

What should I do?

It is not yet known whether the UK will leave the EU without a deal in October. If you intend to travel with your firearm, it is advisable to check the licensing requirements of the country that you are visiting as countries have varying lead times for applying for licences. Without a proper licence, you may not be allowed to travel with your firearm.

Contact a firearms law specialist

If you are concerned with any aspect of regulatory criminal law and Brexit as it relates to firearms then get in touch for advice on the latest position.

Contact regulatory and firearms law specialist Andrew Broome at our Ilkeston office on 0115 9441233 or by email here.

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As Airbnb listings in London soar to 80,000, up 400% from 2015 figures, Westminster Council is cracking down on those who use the site to unlawfully sublet social housing, with over 1,500 investigations underway.

The council recovered £100,974 from Toby Harman, a social housing tenant who had been unlawfully letting his flat on Airbnb since 2013. He has also been evicted so the flat can be let to someone in genuine need.

Last year, the council recovered 24 homes from unlawful sub-letters.

 

Subletting social housing was made an offence in the Prevention of Social Housing Fraud Act 2013. It is a crime to sublet secure or assured tenancies with local authorities or other registered social housing providers.

A tenant (with a secure or assured tenancy) commits an offence if –

• he or she sub-lets the whole, or sometimes part, of the dwelling,
• the tenant ceases to occupy the dwelling as his or her only or principal home, and
• the tenant knows he or she is acting in breach of the tenancy.

A different, more serious offence is committed if you act dishonestly.

The law says that it is a defence if the sub-letting takes place as a result of violence or threats toward certain people. A further defence may arise if the person then occupying the house is entitled to apply to the court for a right to occupy or to have the tenancy transferred.

A person convicted of one of these offences is liable to a fine and, if they act dishonestly, could face six months in prison.

They are also liable to a new type of order introduced in the Act, Unlawful Profit Orders.

The making of one of these orders is how Westminster Council were able to recover the money from Mr Harman.  Under this power, the court must consider making an order that the defendant repays any profit to the landlord.

The maximum amount payable under Unlawful Profit Orders is the illicit amount received by the offender minus any rent paid to the landlord. The court may make an order for payment of any amount up to that ceiling, depending on the offender’s current means.

 

Unlawful profit orders can also be made in civil proceedings, where no criminal charges are brought.

Contact a crime and regulatory law solicitor

Contact crime and regulatory solicitor Martin Hadley on 0115 9599550 of you are contacted by a local authority who are investigating unlawful sub-letting.   Alternatively you can use the contact form below.  You will then be able to discuss any allegations of criminal conduct arising out of your use of your property with him.

We will be able to provide you with free and independent legal advice if the police are involved in any interview process, whether you are a volunteer or under arrest.  This is because be have a contract with the government to provide criminal legal aid.

Martin will discuss with you your options for funding any other interviews with the local authority or court proceedings.

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At the beginning of July 2019, the Derbyshire Criminal Justice Board met at HMP Foston Hall at the invitation of the Governor, Andrea Black.   This is the local women’s prison.  As a member of the Board, Derby crime solicitor Nick Wright was invited too.

The tour of HMP Foston Hall showed the rehabilitative facilities provided for the 400 or so inmates.   While prisoners remain just that, prisoners, the prison ethos is that the fact of being there is the punishment.

As a result, great efforts are made to help help rehabilitate offenders. Prisoners are given the opportunity to work, encouraged by the ability to earn a small wage to be spent in the prison.

 

They grow vegetables for use in the kitchens,  the quality of some of the vegetable beds rivalling anything at Chatsworth House or on Gardeners World.

Alternatively, prisoners are able to work in a facility producing garments for use in the prison system.  This provides them with a skill which can be used to gain employment on release with the training that is provided.

 

HMP Foston Hall also works with the RSPCA.  As a result there are many animals cared for by prisoners.  These include donkeys, guinea pigs, hamsters and lots of different varieties of birds.  Animals do not know or judge those who care for them.  Offenders are given the opportunity to care for something and receive positive feedback in return.

The board also had a presentation from a transgender inmate who was fully transgender.  She was very erudite and helped the heads of organisations present gain a much better understanding of the issues involve with LGBT+ people, particularly when prisoners.

Finally, the most trusted inmates have the use of a specially converted house used for family visits for up to six people.  Visits here can last for up to six hours.  Visitors also have access to a coffee shop, ‘Fosta Coffee’.

Nick was impressed with the work that was being done towards rehabilitation at HMP Foston Hall.  While we will continue to try our best to avoid a prison sentence for our female clients who might otherwise end up at this prison, this information might assist them to know what to expect.

The most recent inspection report into the prison can be found here.

A short Channel 4 news report about some of the activities can be found here.

Contact our prison law department

Whatever the quality of the prison that an inmate is in, problems can always arise.  We have a specialist prison law department.  You can read more about it here.

If you have a problem and require help then please use the enquiry form below:

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Recently, the high profile prosecution of ex-police officer David Duckenfield relating to the Hillsborough tragedy ended without reaching a conclusion. A number of papers reported that there was a hung jury.  So, what does that mean?

In an ideal world, a jury will reach a clear conclusion by either convicting or acquitting the defendant.

Where a case retains the original 12 jurors at least 10 must agree on the verdict.  If the numbers fall short, for example, with 8 wanting to acquit and 4 wanting to convict, that will not be an acceptable verdict.

If the jury indicates that they will not be able to reach a verdict in accordance with the law then then that jury will need to be discharged.

In legal terms, this is often referred to as a hung jury.

What happens if there is a hung jury?

The prosecution can apply to have the defendant tried again.  This will be the outcome in most cases.

The decision is one for the trial Judge who will consider whether or not it is in the interests of justice for a retrial to take place.

Typically, the court considers questions which include (but are not limited to) whether:

• the alleged offence is sufficiently serious to justify a retrial
• if re-convicted, the appellant would be likely to serve a significant period or further period in custody
• the appellant’s age and health
• the wishes of the victim of the alleged offence.

If prosecutorial misconduct is alleged then other factors will come into play, analogous with whether it is an abuse of process to allow a retrial.

In most cases, the defence will not be able to properly resist the application.  We would, however, always carefully consider all relevant factors and object if able to.

What happens if a second jury still cannot reach a verdict?

The usual practice in this scenario is for the prosecution to offer no evidence, although there are rare circumstances where a further retrial could take place.

Contact an expert in Crown Court representation

We are specialists in Crown Court litigation and advocacy.  You can read about how we prepare for such serious cases here.

Legal aid is likely to be available for defending a Crown Court case.

Here are some of the cases that we have dealt with recently:

Successful defence of a serious robbery in the home.

Successful challenge of expert evidence in drugs case.

Abuse of process in paedophile hunter case.

We have offices across the East Midlands.  From those we provide nationwide advice and representation.

You can find your nearest office here.

Alternatively you can use the contact form below: