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Category Archives: News

Nottingham crime and regulatory solicitor Martin Hadley represented a professional client,  a  pharmacist, who was being investigated by the Information Commissioner’s Office (ICO). Following investigation he was able to secured a positive outcome for this client.

Information Commissioner Received Complaint

The ICO had received a complaint that Martin’s client had been “flying tipping” waste in the locality of one of their pharmacy branches.

A member of the public discovered an abandoned suitcase in the street. Correspondence was found in the case and it was clear that the paperwork was attributable to the community pharmacy operated by Martin’s client. information commissioner investigationAlso found in the bag were documents with the pharmacy stamp upon them which identified the names and addresses of pharmacy patients. On the face of it this appeared to be  a clear breach of patient confidentiality.

The Information Commissioner was investigating a breach of the seventh principle of data protection, namely the requirement to take appropriate technical and organisational measures to avoid the unauthorised or unlawful processing of personal data.

Clear and Robust System

Martin took the client’s full instructions upon the points this evidence supplied by the Information Commissioner. It was apparent that our client had clear and robust systems in place for the disposal of both confidential and non-confidential waste. These processes allowed them to quickly understand how the problem had arisen.

Individuals had been climbing over the wall of their premises and breaking into the waste bins. No doubt these people were hoping to find Controlled Drugs.

Sanctions Available to ICO

The Commission could have taken various steps including:

  • Providing advice to the clients.
  • Require the client to produce improvement plans.
  • Give undertakings to improve compliance.
  • Serve enforcement notices.
  • issue monetary penalties of up to £500,000.

Positive Client Outcome

The instructions given and our advice meant that we were able to reply to the ICO denying the breach and providing a bundle of documents to persuade the Information Commissioner that no action should be taken.

Our client’s full responses led to the ICO swiftly reaching the conclusion that no further action was necessary.

Contact regulatory solicitor Martin Hadley

information commisioner investigation
Nottingham crime and regulatory solicitor Martin Hadley

If you face investigation by the Information Commissioner’s office, local authority or similar then please contact Martin Hadley straight away on 0115 9599550 or use the form below.

You will no doubt benefit from his clear analysis of your problem, practical advice and robust approach to your problem.

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Category Archives: News

new domestic abuse legislationOn Monday 21 January 2019 the government unveiled new domestic abuse legislation.  This represents its new strategy to tackle domestic abuse.  This follows a consultation exercise carried out last year which drew over 3,000 responses.

The measures within the new domestic abuse legislation are:

  • Introducing the first ever statutory government definition of domestic abuse, which will include economic abuse
  • Establishing the office of the Domestic Abuse Commissioner and setting out the Commissioner’s functions and powers
  • Providing for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order
  • Prohibiting perpetrators of abuse from directly cross-examining their victims in person in the family courts, and also giving the court discretion to prevent cross-examination in person where it would diminish the quality of the witness’ evidence or cause the witness significant distress
  • Creating a statutory presumption that complainants of an offence involving behaviour which amounts to domestic abuse are eligible for special measures in the criminal courts
  • Enabling domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody
  • Placing the guidance supporting the Domestic Violence Disclosure Scheme on a statutory footing
  • Ensuring that where a local authority, for reasons connected with domestic abuse, grants a new secure tenancy to a social tenant who had or has a secure lifetime or assured tenancy (other than an assured shorthold tenancy) this must be a secure lifetime tenancy, and
  • Supporting ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), by extending the extraterritorial jurisdiction of the criminal courts in England and Wales to further violent and sexual offences.

What will be the effect of the new domestic abuse legislation?

new domestic abuse legislationWhile we will have to await the passage of the bill through parliament to see the final package, one thing of particular note to us as criminal lawyers is the proposal to create a Domestic Abuse Protection Notice and Domestic Abuse Protection Order.

This will be based on the existing regime for criminal behaviour orders (formerly known as ASBOs). Breach of these orders will carry imprisonment of up to 5 years.

While the existing legislative provisions could be used in the context of domestic violence, they rarely are. What we have seen over the years is the specific tailoring of the framework to meet particular problems (in terrorism and trafficking for example).

We can, therefore, expect the effect of these orders to impact quickly, resulting in stiff prison sentences for those who breach them. The government estimates that hundreds more offenders may face imprisonment each year.

We do however foresee some real problems. Domestic abuse is a particularly complex societal problem.  Relationships are often problematic and rocky.  It is possible that breach will be used as a ‘weapon’ against many defendants. It will, therefore, be imperative to ensure that recipients of these orders understand the severe impacts and consequences that will follow. It will also be essential to ensure that orders are only made in appropriate cases.

As a firm, we closely monitor all legislative developments and will keep you updated as the new domestic abuse legislation progresses through parliament.

Contact an expert criminal defence solicitor

Cases of alleged domestic violence are important and sensitive cases to deal with. Our specialist lawyers can advise you on whether you have a defence, and help you put that defence forward, advising on prospects of success and navigating a successful path through the long and stressful court process.

As a result, if you are arrested or know that the police wish to speak to you about any criminal offence, including those alleging domestic abuse, then make sure you insist on your right to free and independent legal advice.

The advantages of such early 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.

 You can find your nearest office here.

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Alternatively you can use the contact form below:

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Category Archives: News

The big news story of last weekend was the surprising news that the Prisons Minister is considering whether to abolish the power to impose short prison sentences, those of 6 months or less.

Arguing for the need for reform, Rory Stewart MP told the Daily Telegraph Magazine:

“You bring somebody in for three or four weeks, they lose their house, their job, their family, their reputation.

They come (into prison), they meet a lot of interesting characters (to put it politely) and then you whap them on to the streets again.

The public are safer if we have a good community sentence… and it will relieve a lot of pressure on prisons.”

short prison sentnences

How effective are short prison sentences?

Short prison sentences are seen by many as ineffective.  They allow little if any time for rehabilitation and cause massive disruption to offender’s lives.  They result in even higher rates of repeat offending.

Supporters of the shorter sentence point to the salutary effects of a ‘short, sharp shock’ and community respite from offending.

This is one of those debates where there is at least some evidence to support all viewpoints.

I does, however, also generate debate on the broader question of what prison is for. Is it to deter, punish, rehabilitate or a combination of things? Or something else entirely?

Once we, as a society, work out what we seek to achieve by imprisonment we can then ask the question – does it work?

A recent case in point

Take a case in point also reported over the same weekend.  Two brothers were each imprisoned for three months following a conviction for perverting the course of justice.  Their case involved trying to evade penalty points for a road traffic offence.

Did the well publicised risk of imprisonment deter them? Clearly not.

Will it punish them? The answer to that is clearly yes, but if they then lose their jobs and homes, is it disproportionate?

Could we have imposed an altogether different and more worthwhile punishment, such as unpaid work in the community?

A refreshingly new approach to penal policy?

The answer to these and other questions concerning penal policy have been debated for a very long time, and traditionally, political parties have avoided any debate that has a flavour of being ‘soft on crime’.

So, it is refreshing to see a government minister willing to grapple with these complex issues, for the greater good.

Any change will require legislation so should not be expected for another 12 months or so, but in the meantime, it does allow advocates an opportunity to debate these issues with sentencing judges.

Maybe, just maybe, even the introduction of this debate might save some defendants from unnecessary and damaging short prison sentences. We shall certainly try.

Contact a criminal law specialist

Until there is any change in the law, everybody charged with an imprisonable offence may receive a short prison sentence depending upon the circumstances.

As a result, if you are arrested or know that the police wish to speak to you about any criminal offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early 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.

 You can find your nearest office here.

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VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

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Category Archives: News

Drones and the Law

Unsurprisingly, here is a legal framework that governs the use of drones.  A number of different drones are available for the public to buy.  There are a number of potential risks to ownership, and it would be helpful for any owner to know the relevant information about drones and the law, including an owner’s responsibilities and restrictions on their use.

Drones are again making the news with stories of substantial flight disruptions caused by drones being flown close to airports or the steps being taken to stop drones flying contraband into prison.

What are drones?

A ‘Drone’ is any object that can be flown without a human pilot. The definition ranges from armed technologies used in military operations to smaller gadgets that any of us can buy.

drones and the lawIt is the second category that will be the focus of this article. These items are controlled remotely from either a handset or mobile phone.  They may also have a camera attached which provides a live-feed to the controller or can take still photography.

At their best they provide educational, professional and leisure pursuits. Various models are available which will vary in size, speed, range and price.

When do drones become a problem?

Drones become a problem when they interfere with other objects using the same airspace. For example, they can present a problem for both military and civilian aircraft. Although they are of relatively small size, a collision can have disastrous consequences. Such incidents are most likely to happen when drones are flown too high or too close to areas where aircraft are taking off and landing frequently.

What are the rules?

If you have bought a drone for personal use, then law imposes some responsibilities relating to your use of that drone.  Any breach of these duties can result in your prosecution.

drones and the lawIt is advisable to consult the Civilian Aviation Authority Air Navigation Order 2016, specifically Articles 94, 95 and 241.  You can download the ‘Drone Code’ here.

You must understand your essential duties as a drone owner, many of which are common sense:

  • know how to fly your drone safely, and do so within the law
  • understand that the operator is legally responsible for every flight
  • keep your drone in sight at all times – stay below 400ft or 120m
  • don’t fly your drone over or within 150m of a congested area or organised open air assemblies of more than 1000 people
  • never fly within 50 metres of a person, vehicle or building not under your control
  • ensure any images you obtain using the drone do not break privacy laws
  • avoid collisions – you should never fly a drone near an airport or close to aircraft.

One important aspect of drones and the law is that it is a criminal offence to endanger the safety of any aircraft in flight.

If you break the rules, you could threaten lives and also face prosecution.  In some cases this can result in imprisonment or a substantial fine.

For example, anybody caught breaching the rules in relation to airport boundaries could be charged with ‘recklessly or negligently acting in a manner likely to endanger an aircraft or any person in an aircraft’ and face a fine of up to £2500 or up to 5 years in prison.

Are there extra rules when using drones for commercial purposes?

It may be that you intend to use a drone for commercial purposes.  For example, an estate agent might wish to take aerial video or photographs of properties for sale.

If this is the case then then permission must be sought from the Civilian Aviation Authority. It is also expected that you will attend an accredited course which will test your knowledge of and competence with drones.

drones and the law

What about cross-overs into the military’s use of drones?

Any drone use completed for the Ministry of Defence is regulated by the Military Aviation Authority.  This might include tasks such as surveys at height, photography and other multimedia activities.  Anyone likely to undertake such work should look at Regulatory Articles 1600, 2320 and 2321 for specific requirements.

New government plans

Over the summer of 2018 the Government launched a public consultation on new proposals that include:

  • whether the 1km flight restriction around aerodromes is sufficient
  • police issuing fixed penalty notices to people flouting drone laws
  • new counter-drone technology to protect public events and critical national infrastructure, as well as stopping contraband reaching prisons
  • a minimum age requirement of 18 to be a small drone operator
  • apps upon which flight plans would be uploaded prior to take-off

Fixed penalty notices may be introduced for the following offences:

  • not producing proof of registration at the request of a police constable
  • not producing evidence that a flight plan or other permissions had been obtained or submitted
  • not complying with a police request to land a drone
  • flying a drone without the necessary competency

Drone users in the UK will have to register with the CAA and take online safety awareness tests from November 2019 for drones weighing at least 250g. A failure do do so could lead to a fine of up to £1000.

Drones weighing more than 250g could also be banned from flying near airports, or above 400 ft, in a crackdown on unsafe flying.

Police will also be given new powers to seize and ground drones which may have been used in criminal activity.

The bottom line

Drones can be fun and useful but come with their fair share of responsibilities. If you follow the principles highlighted above, you will be much less likely to fall foul of the rules and regulations governing this exciting new technology.

If, however, you are to be spoken to by any authority for breach of the rules and regulations then you ought to seek advice.  Any interview is likely to be with the intention of considering whether a prosecution ought to be brought before the court.

We offer independent legal advice on drones and the law for such interviews whether in or out of office hours.  Your nearest office can be found here although we provide our services nationwide.

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VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below.

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Category Archives: News

Many people have an image of a typical drink driver. Perhaps the image is of an overweight man, staggering from the pub after an all-day session and getting into his car. A few minutes later that car being pulled over by police officers due to erratic driving.

Although that is sometime the story behind a drink driving case. it is not the most common one that we see. It is more likely to be similar to Sue’s story.

 

Sue leaves the party, sensibly gets into a taxi and later catches a few hours sleep before the next workday begins.

She feels a little tired but otherwise perfectly fine. Sue embarks on a leisurely drive along a familiar route until out of nowhere a car appears. Her journey is broken by the sound of scraping bumpers and an angry motorist demanding insurance details. A miserable start to her day!

On the plus side, nobody is hurt, it’s a simple insurance job.

That is until the traffic chaos catches the attention of a passing patrol car.

 

Sue’s nightmare is about to begin

Ten minutes later Sue is in handcuffs on her way to a police station. Eight hours later she is charged with drink driving. Two days later she has been banned from driving for 18 months and shamed in the local paper.

A vast number of people find themselves before the court as a result of the ‘morning after’ effects of alcohol consumption. Whilst we can make assumptions about the average time it might take for alcohol to leave our system, these are rarely accurate in real life. The drink drive limit is quite low, so there is little margin for error. Even quite moderate alcohol consumption in the evening can leave you over the legal limit the morning after.

Otherwise sensible, law-abiding and hardworking people find themselves before a court facing not only a loss of licence but sometimes a loss of employment as well.

 

How we can help

We would sooner not see you at all, but if you do face court proceedings, do not confront them alone. We all make mistakes.

Contact your nearest office here.

Alternatively you can use the contact form below.

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Category Archives: News

The case of Tommy Robinson, or to give him his real name, Stephen Yaxley-Lennon, has brought the issue of contempt of court into the public eye, but what is it all about?

What is contempt of court?

The interesting thing about contempt of court is the many ways in which it can be committed. It can be civil or criminal in nature. This means that conduct that is not itself a criminal offence can still be punishable by the court. Criminal contempt goes beyond simple non-compliance with a court order.

 

So, give me some examples?

In Yaxley-Lennon’s case, it was his reporting and commenting on a trial which was in progress with the potential to prejudice those proceedings. He had previously committed the same contempt by attempting to film defendants within the precincts of a court last year.

In a case in Sheffield, contempt of court was committed by protesters who had given an undertaking not to go within a safety zone erected around trees that were to be felled despite controversy.

In the civil court a freezing order was made against Andrew Camilleri.  He breached that order on a number of occasions.  This led the claimant to make an application to the court for committal to prison for contempt of court.

A further case involving breaches of freezing orders made in the civil court was that of Davies.  This case involved persistent and deliberate breaches.

A witness who refused to give evidence after ignoring a witness summons and being brought to court found himself on the wrong side of contempt of court proceedings.

A defendant who had an outburst in court during his sentence hearing, then refused to apologise, followed by another outburst, was dealt with for two contempt of court offences.  He received a sentence for this in addition to the offence for which he was already being sentenced.

A lady took photographs inside a court building of a defendant and their friends making ‘gestures of defiance and contempt’ inside the court precincts with the court notice board behind them. The defendant was also found to be in contempt for inciting the taking of the photograph.

So, tread carefully, it is easy to find yourself in the dock.

 

What can I get?

Up to two years imprisonment at the Crown Court or one month at the magistrates’ court (although it can be up to 2 months in relation to some civil orders).

Yaxley-Lennon received ten months imprisonment for his latest offence to be served consecutively to three months imprisonment for the offence last year, as he had been on a suspended sentence for that.  Both conviction and sentence are currently subject to appeal.

Two of the tree protesters received suspended prison sentences of two months.

Camilleri was fined £100,000 whilst Davies was given a sentence of 12 months immediate imprisonment.

The witness who refused to give evidence was given 12 months imprisonment, reduced to three months on appeal.

The defendant with his repeated outburst was given three- and six-months imprisonment consecutive to each other, and also to the 20 months for the original offences.

The photograph taking offender was given 21 days imprisonment with the defendant who incited the taking of it was given 28 days in prison.

 

How can we help?

It can be seen that there are some ways to commit contempt of court that the general public may not even realise could land them in trouble with the courts.

We are experts in this area and can advise and represent you.

On some occasions you will be interviewed by the police in relation to an alleged contempt.  If you are arrested or know that the police wish to speak to you about an allegation of contempt of court then make sure you insist on your right to free and independent legal advice.

The advantages of such early 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.

 You can find your nearest office here.

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Category Archives: News

The power of the police to stop and search is currently in the media due to the rise in murders and serious crimes of violence involving the use of knives, particularly in London. A particular area of concern is the disproportionate use of search powers in relation to some minority groups.

So, what are the relevant powers?

 

Section 1 Police and Criminal Evidence Act 1984

The most commonly used power to search people is under section 1 of the Police and Criminal Evidence Act 1984. This section allows searches if an officer has reasonable grounds to suspect a person of carrying drugs, weapons, stolen property or an item that can be used to commit crime.

What must the officer do under Section 1?

In order for a search to be lawful, the officer needs to inform you of his name and police station, and he can use reasonable force to carry out the search. You may be detained for the search, near to where you were stopped and only for a short time. You must be told why you are being searched and under what power and a record of the search should be made.

Section 60 Criminal Justice and Public Order Act 1994

This power has been used recently by London councils in response to the murders taking place. Section 60 allows the police to search anyone in a specified area without the need for the “reasonable grounds” that are required for a search under Section 1 above. The vast majority of searches under this power are carried out by the Metropolitan police.

How are section 60 searches authorised?

An officer of inspector rank or above can authorise searches within an area for up to 24 hours. He can only do so if he reasonably believes that:

  • incidents of serious violence may take place and an authorisation is required to prevent their occurrence; or
  • an incident of serious violence has taken place, a dangerous instrument or offensive weapon is being carried, and authorisation is required to find it; or
  • persons are carrying dangerous weapons or offensive weapons without good reason.

 

Sections 47A Terrorism Act 2000

This section allows the police to conduct searches where there is a reasonable suspicion that an act of terrorism will occur. The power had not been used extensively until the terrorist attacks that started to take place in 2017.

How are section 47A searches authorised?

A senior police officer can give an authorisation for searches in a specified area if he reasonably suspects that an act of terrorism will take place and reasonably considers that the authorisation is necessary to prevent such an act. Also, the specified area has to be no greater than necessary and the duration no longer than necessary to prevent such an act.

Under this authorisation an officer may stop and search a vehicle, driver, passenger, pedestrians (including anything carried by them) but only for the purpose of discovering whether there is anything which may constitute evidence of use for terrorism or that the person is a terrorist.

Stop and search – how can we help?

The above information represents only a basic and brief outline of the relevant law about stop and search. We can advise you on the legality of any search and/or the admissibility of any evidence found during the search.

 

As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early 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.

 You can find your nearest office here.

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Category Archives: News

What are football banning orders?

Football Banning Orders are a type of court order, usually made after a conviction for a ‘football related’ offence. They can last between three and ten years and will include one or more conditions which you must obey. Breach of a Football Banning Order is a criminal offence punishable by up to six months in prison.

How often are football banning orders imposed?

As at August 2018 there were 1822 Football Banning Orders in force.  This represents a fall of 6% over the previous season.

460 Football Banning Orders were imposed last season, down 57 from the previous year.

The good news for fans is that there were only 3.5 arrests for every 100 000 people who attended football matches.  Again, this is a reduction on the previous year.  Supporters of Championship clubs continued to account for the largest proportion of banning orders, with 34% of the total, or 621 orders.

What terms can be included in Football Banning Orders?

The conditions of football banning orders can include:

  • Preventing you from attending football matches at home or abroad;
  • Preventing you from going to a specific place or area for a period beginning two hours before a match starts until two hours after it finishes. In some cases this can include public transport or entire towns.
  • Surrendering your passport before international football matches.
  • Reporting at a local police station.

Exactly what conditions are made may vary depending on the facts of each case, however many Courts have ‘boilerplate’ Banning Orders- i.e. a pre-set list of ‘standard’ conditions which appear on most Orders that they make.

How could I be subject to a Football Banning Order?

Football Banning Orders were originally designed to prevent football hooliganism in the late 1980s but many supporters now finding themselves facing them, sometimes after conviction for minor offences or even where they haven’t been convicted of any offence at all. There are two possible ways to end up with one:

a)   After Conviction

The court must make a Football Banning Order if you are convicted of a ‘relevant offence’ and it is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder. It is for the Prosecution to show that an order should be made because the offence was, in some way, football related. Relevant offences include:

  • Possession of alcohol or being drunk while entering/trying to enter ground;
  • Disorderly behaviour;
  • Any offence involving the use or threat of violence towards another person or property;
  • Any offence involving the use, carrying or possession of an offensive weapon;
  • Drunk and disorderly;
  • Driving or being in charge of a vehicle with excess alcohol, or driving or being in charge of a vehicle while unfit through drink or drugs.
  • Throwing of missiles at a football match;
  • Indecent or racialist chanting;
  • Going onto the playing area;
  • Unauthorised sale of tickets.

b)   ‘On Complaint’

The police can also apply for a Football Banning Order if an officer believes that you have (at any time) caused or contributed to any violence or disorder in the United Kingdom or elsewhere. These applications are usually based on police intelligence reports from football games. Many fans returning from EURO 2016 found themselves facing these applications despite not being charged or convicted in connection with any alleged behaviour in France.

If the court is satisfied that there are reasonable grounds to believe it would help to prevent future football-related violence or disorder, they will make a Football Banning Order.

Can I fight it?

Yes.  Just because an application is made does not mean that it will be successful.  We will provide you with advice  so that you can resist the imposition of a Football Banning Order.

I already have a Football Banning Order. Can I apply to have it removed early?

Yes. You can apply to the court after two thirds of the order length has been completed.  For example, this could be after two years of three year order. The court will consider your character, your conduct since the Order was made, the nature of the offence or conduct which led to it and any other circumstances which appear to be relevant.

Can I get Legal Aid?

football banning order legal aidIf you qualify financially, yes.

If you do not qualify for means tested criminal Legal Aid we can provide you with an affordable fixed quote.  This is so you will know in advance exactly how much our fees will be.

Contact an expert solicitor for advice about a football banning order

If you face investigation by the police, or proceedings before the Magistrates’ or Crown Court for a football related offence then you will wish to instruct a specialist solicitor.   They will be able to give you the advice and representation so that you can secure the best outcome from you.

As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early 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.

 You can find your nearest office here.

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Category Archives: News

Coercing someone into marrying another for some financial or societal benefit is illegal under forced marriage legislation.

In April of this year, three young women in Sheffield became subject to Forced Marriage Protection Orders. This case highlights the how embedded this type of offending is in some parts of England and Wales, particularly concerning young girls.

Various offences fall under the banner of forced marriage, and it is essential to be aware of their constituent parts if you are concerned about this issue.

While family law courts make orders of the kind mentioned above, breaching them engages the criminal law.

What is the offence?

A serious offence is using coercion or deception for the purpose of marriage, under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014.

This offence occurs if someone:

“uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.”

What are the penalties?

The offence can be tried either-way so can be heard in either the Magistrates’ or Crown Court but warrants significant sentences following a conviction on indictment.  The maximum penalty is one of seven years’ imprisonment.

Similarly, the related offence of breaching a forced marriage protection order can lead to a sentence of up to five years’ imprisonment. Prior to the 2010 legislation the only punishment for doing this was contempt of court. That is still an option under the new regime, alongside this new penalty.

Forced marriage and mental health

These offences inevitably lead to interactions between the law and people’s religious and cultural views.

Another aspect is protecting those who are incapable of consenting to marriage because of mental incapacity.

All these factors were considered in the case of Luton BC v B [2015] EWGC 3534 (Fam). In that case, a person was deemed to lack capacity to consent to either marriage or sexual relations, in relation to the latter specifically because “the combination of autism and intellectual disability prevents [the person] from making the crucial link between actions and consequences”.

How we can help

If you are alleged to have been involved in these or any other offences, or have further questions about this area of law, then it is important that you seek advice at the earliest possible opportunity bearing in mind the complexity of these laws.

As a result, 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 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.

 You can find your nearest office here.

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Category Archives: News

Two years ago, Nottinghamshire Police decided to label misogyny and offences targeting women as hate crime or hate incidents.

Two local universities recently undertook a report entitled “The Misogyny Hate Crime Evaluation”.  This report recommends rolling out the policy nationally.

The full report can be found here.

Misogyny hate crime is defined as “incidents against women that are motivated by the attitude of men towards women and includes behaviour targeted at women by men simply because they are women.”

 

This definition can include behaviour that is not criminal.  These are recorded as hate incidents rather than hate crime, so something such as wolf-whistling may be recorded as a hate incident.

The policy does not criminalise that behaviour.  It may, however, result in a discussion, for example, with building site managers if their workers are behaving that way.

Misogyny hate crime on the continent

In Belgium, however, such behaviour can be criminal.  A man has been convicted under a new law which does criminalise sexism. He was stopped driving a car for breaking the highway code and told the female police officer to do a job “adapted to women”. He was fined €3,000 for insulting the officer because of her gender.

The offence in Belgium is expressing contempt toward a person because of their sexuality or treating them as inferior due to their sexuality.   If the behaviour complained of entails a serious attack on their dignity, it is punishable by up to 12 months in prison.

In France, they are preparing to create an offence of street harassment that is “sexist and sexual outrage”.  Meanwhile, in Stockholm, sexist advertising has been banned.  Our London Mayor, Sadiq Khan, has attempted to ban body shaming adverts.

What will happen in the UK?

Chief constables from the United Kingdom met in July 2018 to discuss the issue and whether the policy in Nottinghamshire would be rolled out nationwide.

The issue has also prompted discussion in Parliament over the autumn.

These developments in the UK and other countries demonstrates how the law is continually evolving. It may be that such behaviour will be a statutory aggravating feature of an offence when sentencing or disposal is dealt with, or it may become an offence on its own.

How can we help?

 Allegations that involve elements of sexism or misogyny are always likely to be treated more seriously than cases where it is not a feature.

As a result, 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 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.

 You can find your nearest office here.

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VHS Fletchers offices across the East Midlands

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