The government has passed legislation which permits for the first time a new traffic camera which will assist in catching those motorists using closed lanes on the motorway network.
Enforcement of red x offences
The Secretary of State grants type approval only to devices that have a high degree of accuracy and reliability in performance. This is assessed through rigorous testing by the Counter-Terrorism and Security Division of Defence Science and Technology Laboratory (Dstl), formerly the Home Office Centre for Applied Science and Technology (CAST), and the police in the field.
Testing ensures that all devices are robust, reliable in operation and can produce accurate readings or images under a variety of extreme conditions. The courts and public at large can, therefore, rely on the evidence they produce.
So-called ‘smart motorways’ increase road capacity by converting what used to be the hard shoulder into a fully functioning traffic lane. If a car does breaks down and needs to utilise that lane, a red X sign is displayed to signal to motorists approaching that the lane is closed.
Regrettably, and somewhat puzzling, is the high number of motorists who ignore the lane closure, placing themselves and others at immense risk of death or injury.
From June 2019 the new camera will capture the number plates of offending motorists committing red x offences, and significantly will be admissible as evidence in court – this is likely to lead to a dramatic increase in the number of people being given fixed penalties of a £100 fine and 3 penalty points.
Highways England has been working with manufacturers to modify the existing REDFLEXhadecs3 speed enforcement device to prosecute Red X and speed offences simultaneously. This has been developed primarily for the English motorway network.
This device will be used to prove an offence under section 36(1) of the Road Traffic Act 1988 consisting in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed and/or an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane.
It can also be used to prove an offence under section 17(4) of the Road Traffic Regulation Act 1984 consisting in a contravention of regulation 9 of the Motorways Traffic (England and Wales) Regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway.
Contact an expert motoring law solicitor
Our motoring team has extensive experience of dealing with cases right up to the Court of Appeal and geography will not be a bar to instructing us. We will travel anywhere in the country to protect a motorist’s driving licence.
We will always investigate the circumstances of your case and see whether legal aid is available for your free representation in your motoring law case before the Magistrates’ Court. You can read more about the legal aid scheme here.
If you are not eligible than we will provide representation in your road traffic case for a fixed fee. This will allow you to know about and budget for the cost of your legal fees. You can read about these fees here.
You can find your nearest office here. Alternatively you can use the contact form below.
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On 16th May 2019 the controversial Offensive Weapons bill received Royal Assent, bringing into law the Offensive Weapons Act 2019.
Why were new weapons laws thought necessary?
This legislation has been passed in order to assist in stemming the current problems in relation to knife crime and other serious offending involving weapons. Whether or not it will be successful remains to be seen.
These new weapons laws do, however, bring in a number of new measure that we will be monitoring closely.
Are the new laws in force now?
As with most Acts of Parliament different provisions come in to force at different times. As a result, if you have any questions please consult us to ascertain the up to date position.
What are the main changes?
New offences:
Sale of corrosive products to persons under 18
This offence carries a maximum sentence of 6 months imprisonment and may present a significant challenge for some smaller retailers. They will need to ensure that comprehensive training is provided to all sales staff to avoid the potential prosecution and punishment.
The offence of having a corrosive substance in a public place
This offence carries a maximum sentence of 4 years’ imprisonment.
The offence of breaching knife crime prevention order
This offence carries a maximum sentence of 5 years’ imprisonment.
Sale etc. of bladed articles to persons under 18
This provision extends existing law but introduces several complex challenges for retailers.
Online retailers will also be affected by these provisions.
Knife Crime Prevention Orders:
This new order is essentially a ‘knife crime ASBO’. It is one of the most stringent preventative orders ever to have been brought into law.
This aspect of the new weapons laws has been widely condemned. The scheme is likely to be piloted first in London. The implementation is likely to be extremely controversial. We are currently awaiting further details of the pilot along with statutory guidance on their use.
Other changes of note:
Amendments to the definition of “flick knife” to cover knives fully opened from a partially open condition and by ‘manual pressure applied to a button, spring or other device in or attached to the knife’. This change will close existing ‘loopholes’ in the current legislation
Prohibition on the possession of certain dangerous knives
Prohibition on the possession of offensive weapons on further education premises
Prohibition on the possession of offensive weapons (numerous statutory amendments)
Numerous changes to offences concerning:
The offence of threatening with an offensive weapon etc. in a public place etc
The offence of threatening with an offensive weapon etc. on further education premises
The offence of threatening with an offensive weapon etc. in a private place
Searches for corrosive substance on school or further education premises
Various firearms offences
We will be carefully monitoring the implementation of these new measures to ensure that we are always able to provide up to date and comprehensive advice to our clients, whether in police interview or at court.
Contact an expert about the new weapons laws
If you are arrested or know that the police wish to speak to you about any offending involving a weapon then make sure you insist on your right to free and independent legal advice. The courts will always take such offences seriously upon conviction.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
Contact
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It doesn’t matter if you support a Football team that is winning trophies each year, or a team simply trying to avoid relegation. The exhilaration of a last minute equaliser, or if you are really lucky a last minute winner, is simply indescribable.
Unfortunately, that 30 seconds of exhilaration could be cut short if your actions result in you being drawn to the attention of the police if your celebrations have gone too far.
For those who didn’t follow Chesterfield Town closely during the 2018-2019 league season, it is fair to say it wasn’t its finest year.
In this particular match, Chesterfield had gone 3-0 down to the away team after only 45 minutes. Slowly the Spireites found their feet and clawed back two goals before time added on.
In the 93rd minute Will Evans scored an equaliser to square the game and complete the comeback.
Like many of the 4123 fans in attendance our client, a Chesterfield Town fan, was elated with the goal. So overwhelmed was he by the turnaround he ran on to the pitch with others to celebrate with the Chesterfield Town players.
After the Match
The police were in attendance at the game and had recorded the celebrations of the fans. They subsequently contacted our client to arrange a voluntary interview. He had the good sense to contact Ben for his expert free and independent legal advice in this interview.
The allegation our client faced was that he had committed an offence under sections 4 and 5 of the Football (Offences) Act 1991 by entering the field of play. Although it is possible for a suspect to raise a defence, they must have lawful authority or excuse to be on the pitch, and must prove that this is the case.
Guilty plea at Chesterfield Magistrates’ Court
Chesterfield football law solicitor Ben Strelley
Football law solicitor Ben Strelley attended court with his client. He was unable to put forward a defence to the charge so pleaded guilty at the first possible opportunity. This would afford him full credit for his plea.
Although this offence would not usually attract a prison sentence, our client had committed this offence during the currency of a suspended sentence order. This means that there was a real risk that this offence would trigger the activation of the suspended sentence. To avoid this, Ben would have to argue successfully that to activate the sentence would be unjust.
Ben spent the time necessary with his client to be able to provide detailed, structured personal mitigation on behalf of his client. This resulted in his client avoiding what might have seemed an inevitable prison sentence. Instead the suspended sentence was varied and he was ordered to undertake 40 hours of additional unpaid work as well as a fine for the new offence.
A football banning order was also imposed. Sometimes it is impossible to mount a successful opposition to these applications! Nonetheless, our client was delighted with the outcome and the fact that he had kept his freedom due to Ben’s expert advice and representation.
Expert representation for a football related offence
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.
VHS Fletchers offices across the East Midlands
Alternatively you can contact us using the form below.
Contact
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The Law Society has published data which shows a looming crisis in the numbers of criminal duty solicitors working in England and Wales right now. In the future, many individuals will be left unable to access their right to a solicitor and free advice within a reasonable time, if at all.
Criminal duty solicitors – a dying breed?
Criminal duty solicitors like those at VHS Fletchers offer a vital public service. Any individual detained by the police has a right to a solicitor and this advice will always be free of charge under our legal aid contract with the government. This remains the case at any time of day, and regardless of wealth, age or nationality.
The mean average age of a criminal duty solicitor across the whole of England and Wales is now 47, and in many regions the average age is even higher.
The Law Society data highlights that in 5 to 10 years’ time there could be insufficient criminal duty solicitors in many regions, leaving individuals in need of legal advice unable to access justice.
This could have a catastrophic effect on the criminal justice system, as members of the profession retire and leave a shortage of experienced practitioners. This will impact on both access to justice and on valuable police time.
One explanation for these shortages is because criminal defence solicitors have received no fee increase since 1998. Instead, fees have been reduced and removed. Inflation has led to a significant real terms reduction. Combined with other cuts to the system including court closures, many lawyers no longer see a viable career doing this work. It is difficult to attract and retain new members of the profession.
The Law Society campaign
The Law Society is therefore calling on the Government to conduct an economic review of the long-term viability of the criminal legal aid system and to guarantee that criminal legal aid fees will rise with inflation.
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Lincoln Crown Court
A recent case dealt with before Lincoln Crown Court alleged to involved football related violence demonstrated the ability of the expert team at VHS Fletchers to work together to secure an excellent outcome for our clients.
The case involved our team representing four clients who were part of a brawl on Lincoln High Street on the day that Lincoln City played Chesterfield Town. An important question was to be whether this was football related violence or not?
The circumstances of the offending
Police were called towards the end of the afternoon to a large fight taking place on Lincoln High Street. Around 20 males were fighting using street furniture, chairs and even metal crowd gates as weapons. These items were being thrown between the opposing parties without consideration for those not involved. Shoppers included the elderly and children who were forced to flee the violence.
How were our clients identified?
After the incident the police took steps to try and identify those involved in the offending. Lincolnshire police ask their Derbyshire colleagues to view CCTV footage and photographs. There were also national press releases. As a result, seven of those involved were prosecuted for the incident.
VHS Fletchers were instructed by four of those involved in the violence. They received our expert legal advice on both the charge of violent disorder and the football banning order applications that might follow.
Charges of violent disorder
All of the defendants were originally charged with an allegation of violent disorder. This offence carries a maximum sentence of five years in prison. Prison is usually inevitable for this charge, even on a guilty plea.
Once the case was transferred to Lincoln Crown Court we began negotiations with the prosecution to see whether a lesser charge of affray would be acceptable. These discussions were successful and as a result charges of affray were substituted instead. Although serious, the maximum sentence for affray is one of three years.
Our clients had always accepted that they were in the wrong, but it was important that they faced the correct charge and one that allowed an opportunity to avoid an immediate custodial sentence. Once the charges were amended, all four of our clients pleaded guilty.
The evidence provided was overwhelming and therefore each client was advised to enter a guilty plea knowing that there was a substantial risk of a custodial sentence.
Once we advanced mitigation on behalf of our clients, the Crown Court judge imposed a suspended prison sentence with unpaid work and financial penalties.
Had the application been successful our clients would not have been able to attend any FA match in the UK for a minimum of 3 years with additional conditions attached.
A pre-condition for imposing a football banning order is that this offence be football related violence. Having studied the evidence closely, and knowing the relevant case law in great detail, our team led by solicitor advocate Kevin Tomlinson drafted legal argument to serve on the court and prosecution.
Not football related violence
This showed through the evidence that there was no link between this offence and the football match. Instead, our clients had been in Lincoln coincidentally and had no tickets for the match or intention to go. As a result, affray was not football related violence.
The court agreed and refused the application made by the prosecution in relation to all of our clients. Our clients were understandably delighted as they could attend football matches without restriction if they wished.
Contact one of our Football law specialists
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
