Category Archives: News

Much of a solicitor’s time is spent at the police station, the magistrates’ court or in the crown court. However, occasionally cases proceed to the giddy heights of the High Court, the Court of Appeal or even the Supreme Court.

Ian Carter recently dealt with a case at the magistrates’ court which has then been subject to an appeal before the High Court.

In the case of DPP v Price and anor, the High Court was asked to consider whether the new offence of Assault upon an Emergency Worker, which was introduced in 2018, was substantially different from the previous offence of Assaulting a Constable in the execution of his duty.

The first obvious difference is that the new offence covers all emergency workers and not just police officers. Practically the vast majority of cases involve assaults upon the police, rather than upon fire fighters or ambulance workers.

The more subtle difference is in the wording – for an assault on a police officer it had to be shown that he was acting at all times in the exercise of his duties as in ‘strictly lawfully’. If an officer made an honest mistake in terms of wrongly detaining a person or wrongfully trespassing on private property, then it was a clear defence to the charge.

The new charge used a phrase, in that the assault had to be upon an emergency worker acting in their functions as an emergency worker. In 2018 it was assumed that the change of wording made no difference. However, in the case of Darby and in the preceding case of Campbell v DPP it was held that the fact that a policeman was not acting lawfully did not necessarily mean that they were acting outside their functions. Whilst if a person is being unlawfully assaulted by a police officer, it can still be argued that he is entitled to use force to defend himself, it can seem that the only requirement for a police man to be acting in his functions is that he is wearing his uniform and his hat.

The law has become tougher for people who find themselves being subjected by unlawful behaviour from the police. It is therefore even more important that if you are in trouble with the police that you get somebody like Ian Carter on your side from the start!

Category Archives: News

Measures have been signed into law this week to ban the keeping of primates as pets.  There are a number of reasons why keeping primates in a domestic setting is problematic.

The legislation brings in a licensing scheme setting strict rules to ensure that only private keepers who meet new welfare and licensing standards will be able to keep primates, delivering on a government manifesto commitment and Action Plan for Animal Welfare pledge to provide greater legal protection for pet primates.

The measures come into force on 6 April 2025, when all primates in England will need to be kept to these zoo-level standards, in effect banning the practice of keeping primates as pets.

It is estimated that up to 5,000 primates are currently kept in domestic settings as pets in the UK. These wild animals have complex welfare and social needs and, according to most experts, cannot be adequately cared for in these environments. The new measures will improve the welfare of potentially thousands of these intelligent animals.

What is the relevant legislation?

The new rules are contained within The Animal Welfare (Primate Licences) (England) Regulations 2023.

What is the penalty for breaking the rules?

There are two potential offences to be considered under The Animal Welfare Act 2006.

• Section 4 of the Animal Welfare Act 2006 makes it an offence for a person who is responsible for an animal to cause the animal unnecessary suffering. This offence carries up to five years imprisonment.
• Section 9 requires a person who is responsible for an animal to provide for the animal’s welfare needs in line with good practice. This offence carries up to 6 months imprisonment.

In addition, the 2023 Regulations create an offence of not complying with a licence condition which carries a maximum penalty of an unlimited fine.

How can we help?

If you require advice or representation in relation to any aspect of the Animal Welfare Act 2006 then please contact an expert criminal solicitor at one of our offices.

Alternatively you can use the contact form below.

Category Archives: News

Many people ask the question ‘should you represent yourself in court?’  This is in many cases because they know they are not eligible for legal aid or perhaps think they are not eligible.  People make this decision often without checking the position with a solicitor.

A recent study by Dr Charlotte Walker of York St John University revealed the following:

“In this study, in Court A, in 80 out of 220 (36%) hearings, the defendant appeared unrepresented; and in Court B, this was the case in 25 out of 183 (14%) hearings.

The defendants appeared without legal representation in 105 out of 403 (26%) hearings in total, which represents a significant minority.

Based upon the observations and interviews, this was due to a range of reasons including financial factors; defendants not wanting to delay proceedings; and defendants not seeing the value of having a lawyer.”

We accept that not everyone necessarily needs to be represented in court.  However, if legal aid is available then this is an entitlement.  It makes sense to ensure that all angles are covered.

It is perhaps ironic that some of the seemingly more basic cases, such as road traffic prosecutions, often throw up the trickiest legal issues.

According to Dr Walker, numerous studies have found that unrepresented defendants tend to struggle to represent themselves in court (Dell [1971], McBarnet [1981], Shapland [1981], Transform Justice [2016], Walker [2021]).

Can I afford legal representation?

If you are eligible for legal aid in the magistrates’ court, there is no cost to you. In the crown court, a contribution may be payable depending on your income. We can tell you in advance what the rules are in this regard.

You can read more about the legal aid schemes here.

Where legal aid is not available, many people are surprised at just how affordable “private representation” is. Many people have the idea that solicitors charge many hundreds of pounds per hour, and whilst a few do in corporate and commercial work, the pricing in criminal law is much more competitive and fixed fees are commonly offered for many cases.

You can read more about some of our fixed fees here.

There is no one answer to funding your criminal case, but you should always contact us for free to find out your funding options in detail. You have nothing to lose by doing so.

Contact an expert criminal defence lawyer

Before you have to ask the question ‘should you represent yourself in court’ contact one of our criminal defence solicitors at your nearest office.

Alternatively use the contact form below:

Category Archives: News

On Friday 23 February 2024 partner Denney Lau had the honour and privilege of hosting the 147th President’s Annual Dinner for the Sheffield and District Law Society.  Denney has been president for the last year.

In an inspirational speech before the attendees, Denney acknowledged his progress from a humble background where he was the first in his family to attend University.

Upon arrival in the United Kingdom as an immigrant, he was unable to speak the language and was, in effect, ‘without a voice’.  He became a solicitor to provide others with a voice and ensure their right to be heard.  Having embarked on that course, however,  he never imagined he would be the holder of such a prestigious position.

Denney extended his thanks to all of his fellow lawyers for continuing to provide people with that voice, and attending the dinner to make it such a special occasion.

As well as presenting an opportunity for local lawyers to get together, awards were given to those locally who have excelled in their respective specialisms.

Category Archives: News

This week Nicholas Hawkes become the first person to be convicted for the new offence of “Cyber-Flashing”. Hawkes sent unsolicited photos of his erect penis to a 15-year-old girl and a woman.

The woman took screenshots of the image on WhatsApp and reported Hawkes to Essex Police the same day.

Sefer Mani, of the Crown Prosecution Service (CPS) in the East of England, said:

“Cyber-flashing is a grotesque crime and the fact we were able to deliver swift justice for the two victims shows the new law is working.

Everyone should feel safe wherever they are and not be subjected to receiving unwanted sexual images.

I urge anyone who feels they have been a victim of cyber-flashing to report it to the police and know that they will be taken seriously and have their identities protected.”

This offence came in to force on 31 January 2024 and was created by the Online Security Act 2023. The Act inserts a new provision into the Sexual Offences Act 2003 (s 66A, an offence known formally as ‘Sending etc photograph or film of genitals’).

How is cyber-flashing committed?

A person (A) who intentionally sends or gives a photograph or film of any person’s genitals to another person (B) commits an offence if:

a) A intends that B will see the genitals and be caused alarm, distress or humiliation, or

(b) A sends or gives such a photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation.

References to sending or giving such a photograph or film to another person include, in particular:

(a) sending it to another person by any means, electronically or otherwise,

(b) showing it to another person, and

(c) placing it for a particular person to find.

What is the sentence for this offence?

Cyber-flashing carries a maximum penalty of up to 2 years imprisonment. A conviction also means that the notification requirements under the SOA 2003 also apply, depending on sentence length (commonly referred to as the Sex Offender Register).

This offence is one of a number enacted by the Online Safety Act 2023.

Seek advice from an expert criminal lawyer

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

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 types of offences.

Alternatively you can use the contact form below.

Category Archives: News

The Online Safety Act 2023 creates a new offence of encouraging or assisting serious self-harm. The offence applies from 31 January 2024.

What is the new offence?

A person commits an offence if:

• they do a relevant act capable of encouraging or assisting the serious self-harm of another person;
• and their act was intended to encourage or assist the serious self-harm of another person.

“Serious self-harm” means self-harm amounting to, in England and Wales and Northern Ireland, grievous bodily harm within the meaning of the Offences Against the Person Act 1861.

The Act defines the means of communication by which a person “does a relevant act”, which includes in-person or electronic communications, publications, correspondence, and the sending or giving of items with stored electronic data.

The offence carries a maximum penalty of 5 years imprisonment.

Why is this offence needed?

The government explained the need for a new offence in these terms:

“I am aware of particular concerns around content online which encourages vulnerable people to self-harm. While the child safety duties in the bill will protect children, vulnerable adults may remain at risk of exposure to this abhorrent content. I am therefore committing to making the encouragement of self-harm illegal. The government will bring forward in this bill proposals to create an offence of sending a communication that encourages serious self-harm.

This new offence will ensure that trolls sending such messages to a person, regardless of the recipient’s age, face the consequences for their vile actions.”

The new offence appears to have strong support from interest groups.

The Molly Rose Foundation, a suicide-prevention charity aimed at young people, said it also supported the proposed new offence. The charity was established by the friends and family of Molly Russell, a 14-year-old girl who took her own life after viewing images promoting suicide and self-harm. In September 2022 a coroner ruled that content Molly had viewed relating to depression, self-harm and suicide “had contributed to her death in a more than minimal way”. The foundation said the proposed new offence would be a “significant move”.

Contact an expert criminal solicitor

 Our role is to keep up to date with changes to existing criminal laws and brand new criminal legislation.  If you are arrested or face court proceedings for a criminal matter you will wish to take advice from an experienced criminal lawyer.

We have offices across the East Midlands in Nottingham, Derby, Mansfield, Chesterfield and .  Please contact the one closest to you.

Alternatively use the contact form below.

Category Archives: News

There has been a lot of press coverage following reports before Christmas that the Court of Appeal had freed a woman prisoner due to her being pregnant.  The issue is regularly in the news, as shown by this story from 2022.  Some uncharitably view pregnancy as a potential ‘get out of jail free’ card.

The lady had previously received a mandatory five-year minimum term for a firearms offence, so the revelation that the sentence was reduced to two years imprisonment and suspended sparked some surprise.

As with all stories like this, it is wise to refrain from commenting before the full facts are disclosed, and following the release of the appeal judgment, it is now known, perhaps not surprisingly, that this is a somewhat exceptional case.

Unknown to anyone at the original sentencing hearing, including the appellant herself, she was then pregnant. The fresh evidence showed that the appellant learned of her pregnancy only when she underwent routine testing upon her admission to HMP Bronzefield after she had been sentenced. Her pregnancy was therefore a fact existing at the time of the sentencing hearing, and one which would undoubtedly have been an important factor in the recorder’s decision if it had then been known.

That factor in itself is somewhat unremarkable, and it is important to note that there were particular circumstances relating to this lady that the Court of Appeal focussed on.

Pregnancy as mitigation

The individual circumstances of this pregnancy included:

1. A family history of premature labour suggesting familial predisposition and therefore enhanced risk for the appellant, and repeated episodes of antepartum bleeding of unknown origin (‘ABUO’) during this pregnancy. ABUO episodes are clinically significant indicators of heightened likelihoods of serious complications including miscarriage, premature birth, low birth weight, placental abruption, foetal distress and hyperbilirubinemia.
2. Incarceration therefore created for the appellant a real and present danger to safe delivery and proper neonatal development for her baby.
3. A personal history of a very traumatic previous pregnancy loss, the detail of which it is unnecessary to set out here, and other previous trauma including domestic abuse, as well as a history of anxiety and depression intensifying the appellant’s vulnerability to mental health deterioration under the stress of pregnancy, labour and neonatal care in a prison setting.
4. Incarceration whilst pregnant for this appellant, therefore, has been and would be frightening, disorientating and traumatic in a way that was far beyond any unavoidable norm.
5. The recent development of pre-eclampsia, a condition which was diagnosed in the days before the hearing and which requires a level of monitoring and a reliable means of rapid specialist intervention that present particular challenges in the prison setting, which has added to the appellant’s fears for her own health and for her unborn child.

There was strong personal mitigation in this case apart from the various ways, not limited to its particular, much heightened health risks, why this pregnancy made imprisonment an unusually onerous punishment for this appellant.

The Court concluded:

“…we are satisfied that when the appellant’s pregnancy and its specific attendant consequences and risks, for the appellant and her unborn baby, are added to the other personal mitigation available to the appellant, there are exceptional circumstances relating to the appellant and her particular offence that, taken together, render it unjust to impose a custodial term of at least 5 years. The experience of custody was going to be, and has proved, traumatic and dangerous for this appellant beyond any kind of norm. By the date of the appeal hearing, she had in fact served the equivalent of a 14-month sentence, but the weight of punishment that has constituted for her will have been qualitatively equivalent to a much stiffer sentence. There are impeccable prospects of rehabilitation, and the interests of the appellant’s unborn child are a weighty factor if, as we have concluded, a sufficient custodial term, unconstrained by the statutory minimum, would be 2 years or shorter.

In all those circumstances, and on balance, we concluded that it was in the interests of justice to take the very exceptional course, for an offence of possessing the weapon involved in this case, of suspending the appellant’s sentence.”

It can be seen from the factual analysis of this case that pregnancy does not mean immunity from a custodial sentence. However, in all cases, pregnancy as mitigation will be an influential factor to be taken into account, which is why, in all such cases, our experienced lawyers are equipped to present a compelling case to any sentencing court.

Contact an expert criminal lawyer

Part of our preparation for sentence will be to discuss with you what information can be out before the court to mitigate sentence or secure a non-custodial sentence.  Pregnancy as mitigation is perhaps unusual but will of course be an important factor in any case.

We have criminal lawyers based in Chesterfield, Mansfield, Nottingham, Derby and Newark.  The contact details are here.

Alternatively you can use the contact form below.

Category Archives: News

Since 29th November 2022 a court can impose a positive requirement on a defendant under an SHPO (section 175 of the Police, Crime, Sentencing and Courts Act 2022).

This, says the government, includes a requirement to participate in polygraph testing for sex offenders.

In a recent case the Court of Appeal confirmed that there was no objection in principle to a Polygraph testing requirement, but certain safeguards would need to be observed. The Court rejected challenges to such orders under Articles 6 & 8 of the European Convention on Human Rights.

These safeguards are:

• That the court must receive evidence about the suitability and enforceability of such a requirement from the individual or an individual representing the organisation who is specified to supervise.
• As with SOPOs, no order should be made by way of SHPO unless necessary to protect the public from sexual harm as set out in the statutory language.
• If an order is necessary, then the prohibitions imposed must be effective; if not, the statutory purpose will not be achieved.
• Any  SHPO prohibitions imposed must be clear and realistic. They must be readily capable of simple compliance and enforcement. It is to be remembered that breach of a prohibition constitutes a criminal offence punishable by imprisonment.
• As re-stated by R v NC [2016], none of the SHPO terms must be oppressive and, overall, the terms must be proportionate.
• Finally, any SHPO must be tailored to the facts.

There is no one size that fits all factual circumstances.

Scrutiny

It is clear that before imposing polygraph testing for sex offenders there must be the utmost level of scrutiny to ensure it is necessary and proportionate. All of our advocates are trained in this area of law and will ensure that there is an objection to any inappropriate terms being included in such orders.

Contact a specialist in defending sexual offence

We are experience in representing those charged with sexual offences before the Magistrates’ and Crown Courts.  You can read about how we prepare a case for Crown Court trial here.

Contact your nearest office for advice prior to any police interview or if charged with an offence.

Alternatively you can use the contact form below.

Category Archives: News

On 28th October 2023 provisions in the Police, Crime, Sentencing and Courts Act 2022 came into effect, enacting changes to the laws in relation to the rehabilitation of offenders.

These amendments extend the scope of the Rehabilitation of Offenders Act as it applies to England and Wales so that certain custodial sentences of over four years currently excluded from rehabilitation may become spent, unless imposed in respect of certain offences.

It also amends the times at which different sentences may become spent and makes provision on the face of the Act for the rehabilitation periods that apply to certain orders on conviction.

The government states that over 120,000 former offenders will find it easier to get work and turn their lives away from crime following this change in the law.

Key Changes

Custodial sentences of four years or more years for less serious crimes become ‘spent’ after a seven-year period of rehabilitation, as long as no further offence is committed.

Some of the more serious sexual, violent, and terrorist offences are excluded from these changes.

The new rehabilitation periods are as follows:

*excluding serious sexual, violent, or terrorist offences, that continue to never be spent

Previous rehabilitation periods were:

The actual detail of these changes can be quite complex, so do not hesitate to contact us to discuss the direct implications of these changes on your own circumstances.

How can we help?

 We will provide advice on the effect of any sentence.  This will be done at the conclusion of proceedings.  If you need further advice then please contact your nearest office.  Our experienced criminal solicitors will be happy to help.

Alternatively use the contact form below.

Category Archives: News

The Dangerous Dogs (Designated Types) (England and Wales) Order 2023 was laid before parliament on 31 October 2023, which has important implications for the owners of the dog breed “XL Bully”. This statutory instrument will be accompanied by other legislative changes that form a package of laws that will fundamentally change the ownership rules in respect to this dog breed.

The government says that the principal objective is to introduce controls on the existing population of the this dog type to reduce the risk that they pose to public safety and to reduce the overall number of these dogs in the dog population.

The government has published an official definition of the XL Bully Breed.  If you are in any doubt as to the breed of your own dog you should seek expert veterinary advice as soon as possible.

What are the offences now?

Since 31 December 2023 the offences in section 1(2) of the Dangerous Dogs Act 1991 (“1991 Act”) have applied to the XL Bully type.

This will mean that all owners of dogs of the XL Bully type must keep their dogs on a lead and muzzled when in a public space.

It will also mean that anyone doing any of the following will be committing an offence under section 1(2) of the 1991 Act:

• breeding, or breeding from, a dog of the XL Bully type.
• selling, gifting or exchanging XL Bully type dogs (this will include rehoming).
• abandoning or allowing XL Bully type dogs to stray.
• advertising XL Bully type dogs for sale, exchange or gifting.

Offences from 1 February 2024

From 1 February 2024 it will be a criminal offence to own an XL Bully in England and Wales unless you have a Certificate of Exemption for your dog.

You will have until 31 January 2024 to apply for this exemption. Applications will be subject to a £92.40 application fee, to cover administration costs.

To keep an XL Bully dog you must ensure it is:

• microchipped
• kept on a lead and muzzled at all times when in public
• kept in a secure place so it cannot escape

You will also need to neuter your dog. If your dog is less than one year old on 31 January 2024, it must be neutered by 31 December 2024. If your dog is older than one year old on 31 January 2024, it must be neutered by 30 June 2024.

As the owner, you must also:

• be over 16 years old
• take out insurance against your dog injuring other people – this is provided through Dogs Trust Membership
• be able to show the Certificate of Exemption when asked by a police officer or a council dog warden, either at the time or within 5 days

Giving up an XL Bully dog to be euthanised

If you choose not to keep your XL Bully dog, you should take it to a registered vet for it to be euthanised.

You can claim £200 compensation towards the costs. You and your vet will need to fill in a compensation form to make a claim.

Contact one of our expert criminal lawyers

Our solicitors are able to advise you in relation to any aspect of the laws concerning animal ownership. Please do not hesitate to contact us if you are facing an investigation or prosecution.

Advice and representation in a police interview under caution will always be free of charge to you.

Legal Aid will often be available to defend court proceedings.

We have offices across the East Midlands.

Contact your nearest office here. 

Alternatively you can use the contact form below