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.

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.

Alternatively you can use the contact form below:

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.

Alternatively you can use the contact form below:

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?

If 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.

Alternatively you can use the contact form below:

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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.

Alternatively you can use the contact form below:

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.

Alternatively you can use the contact form below:

Category Archives: News

As poor weather promises to cause chaos on our roads, more care is needed by those driving in the snow to carry out essential journeys that were routine only the previous week.  If your journey remains necessary, and you choose to drive, then there are some things to bear in mind.

Do you know your legal responsibilities as a driver in poor weather conditions?  Chesterfield crime and road traffic solicitor Denney Lau highlights a few possible offences to be wary of.

Make sure you can see out of your vehicle

Your duty actually starts before you start driving.

The Highway code stipulates that if driving in adverse weather conditions, you must be able to see out of every glass panel in your vehicle.  This common sense approach is supported by by section 41D of the Road Traffic Act 1988.  It states that you must have a full view of the road ahead.  This clearly precludes driving through a small hole you have scraped in the snow on your windscreen.

Failure to comply with this could result in a fine but perhaps more importantly penalty points.

However, leaving your vehicle unattended with the engine running and the heaters on to clear your windscreen may not only see you having your car stolen and left with no claim under your insurance. This will amount to the offence of ‘quitting’ your vehicle, whether or not the doors are locked, and could lead to a fine.

Finally, make sure your lights and number plates are also clear, or risk another fine.

Inconsiderate driving?

There is not a law stating it is illegal to drive with snow on the roof.  If, however, you choose to do so and snow falls off into the path of another car then you could be penalised.  For example, it may amount to inconsiderate driving – Section 3 of the Road Traffic Act 1988.

This can result in a fine with the court endorsing between 3 and 9 penalty points.maximum penalty being level 5 fine and the Court must endorse between 3 and 9 penalty points or consider disqualification.  Alternatively, you could be charged for using a motor vehicle in a dangerous condition – 40A of the Road Traffic Act 1988.

Where weather conditions make it more difficult to drive safely

There are two catch all offences that will be more easily committed in conditions where driving is difficult.  It is easy to imagine losing control of a vehicle, or failing to notice another motorist, while driving in the snow.

If there is an accident, or poor driving is witnessed, then consideration will be given to whether one of the following offences has been committed.

The first is the offence of driving without due care and attention, or careless driving.  This is Section 3 of the Road Traffic Act 1988.  To convict a motorist a court must be sure that the manner of driving falls below the standard expected of a competent driver.  Again, a fine will be expected, but between 3 and 9 points can be placed on the driving licence.  A discretionary disqualification could be imposed, or the points could count towards a totting ban.

Dangerous driving in the snow

Section 2 of the Road Traffic Act 1988 sets out the offence of dangerous driving.  This offence is committed when a person’s standard of driving falls far below what would be expected of a competent and careful driver.  This will be in circumstances where it would be obvious to a competent and careful driver that driving in that way would be dangerous.

This offence can be dealt with at the Crown Court as well as the Magistrates’ Court, and can lead to imprisonment and a compulsory driving disqualification and extended re-test.

Instruct an expert in road traffic law

We would ask that, when considering driving in the snow, you think about whether your journey is really necessary.  If so, you take all of the precautions explained above.

If your driving still brings you into conflict with the police or courts then please contact Denney at our Chesterfield office.  His details can be found here.

Alternatively you can use the form below.

Category Archives: News

The 2015 documentary series Making a Murderer follows the story of two men from Wisconsin who were convicted of sexually assaulting and murdering a woman.

One of the convicted was an impressionable teenager called Brendan Dassey.  Dassey’s conviction was overturned in 2016 (and confirmed on appeal in 2017) on the basis that his ‘confession’ to the murder was coerced by police officers who exploited his vulnerable character.

What is the law in the England and Wales?

Provisions in the Police and Criminal Evidence Act 1984 allow courts to reject confessions of this kind on the basis that they were obtained ‘oppressively’ or are unreliable.

The relevant statutory provisions relating to the admissibility of confessions are ss. 76(2)(a) and (b) and 77 of the Act.

What does “oppressive” mean?

The term ‘oppressive’ has caused problems for the courts. It seems to be agreed that oppression implies some “impropriety” which compromises the confession’s veracity (Fulling [1987] QB 426).

Uncertainty exists, however, as the same sort of behaviour in different cases has led to the confession being excluded in one but not the other (see Paris (1993) 97 Cr App R 99; L [1994] Crim LR 839).

What about unreliability?

Aside from oppression, confessions may be excluded on the basis of unreliability. This unreliability may come about via “anything said or done” or something problematic concerning the circumstances in which the ‘confession’ was made.

An important point to note is that the suspect’s own conduct cannot undermine a confession (Goldenberg (1988) 88 Cr App R 285).

Another important reason to exclude a confession on the basis of unreliability is where the suspect is mentally unfit. A separate section of the Police and Criminal Evidence Act 1984, section 77,  deals with this.  In particular, the act seeks to protect suspects who may be suggestible and may simply go along with police officers’ leading questions about an alleged offence.

Deciding on the admissibility of confessions

The actual process for deciding whether a confession can be admitted is a ‘voir dire’. That is essentially a mini-trial within or alongside the main trial. Section 76(2) of PACE gives guidance on this point.

The prosecution must prove to the criminal law standard that the confession was not obtained in the way alleged by the defence, otherwise it will be excluded. And, although there is some disagreement, the standard position appears to be that the defendant’s evidence at the voir dire cannot be admitted during any trial for the substantive offence (Wong Kam-ming [1980] AC 247).

How we can help advise on admissibility of confessions.

Many of the problems that can arise with confessions will be removed if you have a solicitor with you to provide advice when you are interviewed.

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 will be able to advise you about the admissibility of any confession you are said to have made at any stage where you dispute the accuracy or reliability of it.  Legal aid may well be available to fund your defence at court.

 You can find your nearest office here.

Alternatively you can use the contact form below:

Category Archives: News

There are two distinct criminal offences of harassment.  One is of harassment putting people in fear of violence and one without.

Stalking is a similar but separate offence and is not covered in this article.

You can, however, read more about the offence of stalking here.

What does an allegation of harassment involve?

There has to be a course of conduct.  This can, however, involving as few as two incidents directed towards another person or persons.

The dictionary definition of harassment is to “torment by subjecting to constant interference or intimidation”.

The law, though, does not provide a comprehensive definition.  As a result there are many actions that could be foreseen to alarm or cause a person distress that would not constitute harassment.

Alternatively, the cumulative effect of a number if incidents that on their own might not be unlawful could con

The offence is aimed at conduct that alarms or causes a person distress and which is oppressive and unreasonable.

What do the prosecution have to prove for harassment?

• That there is a course of conduct
• which amounts to harassment of another, and
• which the defendant knows, or ought to know amounts to harassment of another.

Additionally, for the more serious offence the prosecution has to prove:

• that the course of conduct causes another to fear that violence will be used against him; and
• that the defendant knows or ought to know that his course of conduct will cause another to fear that violence would be used against him

How would I know it is harassment?

 The test of whether you ought to know that the course of conduct amounts to harassment is whether a reasonable person, in possession of the same information, would think the conduct amounted to harassment.

The same test applies in respect of fear of violence.

Are there any time limits for bringing a prosecution?

 At least one of the incidents has to have occurred within six months of the charge for the basic offence without violence.  There is no such time limit for the aggravated offence.

What about defences?

 There are three available defences for the basic offence:

• that the course of conduct was for the purpose of preventing or detecting crime
• that it was conducted under a rule of law
• that it was reasonable in the circumstances.

Additionally, it is a defence for the more serious offence if the course of conduct was reasonable for the protection of the defendant or another, or for the protection of their or another’s property.

What sentence could I get for harassment?

For the offence without violence, the basic offence of harassment, up to six months imprisonment can be imposed.  This increased to 2 years if the offence is racially aggravated.

For the more serious offence involving fear of violence the maximum sentence was 5 years and is 10 years for offences committed on or after 3rd April 2017.  Again, this is increased where the offence is racially aggravated to 7 or 14 years, again dependent on the date of the offence.

Restraining Orders

A restraining order can also be imposed.  The aim of such an order is to protect the victim of the offence from further incidents, contact or risk of violence.

Such an order can prevent contact with the victim and provide for an exclusion zone around their address. A restraining order can be imposed even if you are acquitted of the offence.

How we can assist

The law in respect of harassment and the potential defences is complicated, and there are other specific offences of harassment (for example of debtors) that are not covered in this article.

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 our 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.

Alternatively you can use the contact form below:

Category Archives: News

There are two main offences that are prosecuted in relation to benefit fraud.  One involves dishonesty on behalf of the benefit claimant while the other does not.

Benefit fraud – the dishonesty offence

It is an offence to dishonestly make a representation in order to obtain benefit.  This offence includes circumstances where there has been a dishonest failure to promptly notify a change in circumstances, as well as making a claim that is dishonest from the outset.

Benefit fraud where a claimant is not dishonest

It is an offence to knowingly make a false statement to obtain benefit.  Again this can be in an initial claim for benefits or failing to give prompt notification of a change in circumstances.

What does this all actually mean?

The following definitions are given:

Dishonesty

This has the normal meaning that is used in criminal offences.

The lesser offence, of course, does not require dishonesty but does require proof of knowingly failing to notify.

The test for dishonesty was recently revisited by the Supreme Court and the result may well be that it is now easier to prosecute for dishonesty based benefit fraud.

Change in circumstances

There must be proof that the offender knew there was a change of circumstances and that the change would have effected a change in benefit.

Such changes in circumstance might include starting to live with a partner or gaining employment, or an inheritance leading to a change in finances for the better.

“Promptly notify”

Prompt is to be given its natural meaning and is a matter of fact. It is for the prosecution to prove that it was not prompt. It is therefore essential to explore all of the surrounding circumstances as this may provide a defence, not only mitigation.

Are there other offences?

There are other offences of fraud and false accounting related to benefits that are not covered in this article.

What is the likely sentence for benefit fraud?

The non-dishonesty benefit fraud offence an only be dealt with in the Magistrates’ Court and carries a maximum term of imprisonment of 3 months.

The offence involving dishonesty can be dealt with at the Magistrates’ Court or the Crown Court.  At the Crown Court it carries a maximum of seven years imprisonment.

The main factors for consideration in sentencing will be:

• the length of time of the over payment
• the total value of benefits overpaid
• whether or not the claim was dishonest from the outset.

A claim that is of high value, over a sustained period and which was dishonest from the beginning is more likely to attract a term of imprisonment.

The full sentencing guideline can be found here.

How can we help you defend a benefit fraud allegation?

Our advice, as always, is to seek legal advice as soon as you know that you are being investigated for an offence.

Early legal advice from an expert criminal solicitor may help you set out any defence that you might have in interview, or provide mitigation that might help you avoid a prosecution through the courts.

If a case gets to court then benefit fraud offences frequently generate vast quantities of paperwork.  Our solicitors, litigators and advocates have a great deal of experience in considering such evidence.  We will help you prepare your defence or mitigation upon a guilty plea.

Our involvement may mean a lesser value is given to any over payment.  This can have a direct impact on the potential sentence.

If you are in receipt of benefit then you are likely to receive free legal help under the legal aid scheme at the interview stage.

You can read more about the availability of criminal legal aid here.

You can find your nearest office here.

Alternatively you can use the contact form below: