Tag Archives: prison

News

Assisting an offender – a parental dilemma

It is a nightmare scenario that potentially any parent could face. A child returns home, late at night, in an agitated state.

He hurriedly tells you that he has been in a fight, it wasn’t his fault, but someone has been hurt, badly. Further details are not forthcoming, but he thinks the police will be coming to arrest him. Thinking fast, and in order to protect your child, you take his clothes and put them in the wash.

Before you can even think of assembling an alibi for him, the police have kicked down the door and found your son cowering in his bedroom. He is naked, and there are no clothes in sight.

The experienced officer knows just what to do, rushing through to the kitchen and unplugging the washing machine. It will later be taken away so that the contents, including the water, can be forensically tested.

Unsurprisingly your son is arrested, but what fate awaits you?

assisting an offender

Assisting an offender or perverting the course of justice

How this story ends depends on precisely what the police discover, assisting an offenderbut it is often proved that a terrified parent has acted to protect their child.

The act of putting those clothes in the washing machine or providing a false alibi amount to attempts to pervert the course of justice.

In other scenarios family or friends might provide some safe harbour for a person fleeing the police. Again, this is a serious criminal offence if done knowingly.

If convicted a prison sentence will inevitably follow, and another life will be shattered.  An example of such a case of assisting an offender can be found here.

We will investigate any potential defence for you

In some cases, there might be a viable defence.  You can be assured that we will find one if it exists. In other cases, the task is to mitigate by  telling the story from the parental perspective. What do you think you would do in this scenario? Or more to the point what would you do if it became a reality?

We might not like to think so, but any one of us could be caught up in a nightmare like this.

All manner of people can find themselves caught up in the justice system. We don’t see criminals, we see people, with their own unique set of circumstances.

assisting an offender

Contact a solicitor who is a criminal law specialist

If you are arrested or know that the police wish to speak to you about any offending arising our of a criminal investigation such as assisting an offender or perverting the course of justice then make sure you insist on your right to free and independent legal advice.  As you can see, the courts will always take such offences seriously upon conviction.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

assisting an offender
VHS Fletchers offices across the East Midlands

Alternatively you can contact us using the form below.

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News

New Domestic Abuse Legislation

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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VHS Fletchers offices across the East Midlands

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News

The end for short prison sentences – a proposed get out of jail free card?

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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News

Contempt of court – what is it and what is the likely sentence?

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.

contempt of court

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.

contempt of court

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.

contempt of court

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.

contempt of court
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

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News

Can I get a suspended sentence?

A suspended sentence is a term of imprisonment that is suspended so that you do not go into custody immediately.  Further, you will not go into custody if you comply with the conditions attached to the order.

Who can get a suspended sentence?

suspended sentenceIn the Magistrates’ Court, any sentence of 6 months’ imprisonment (12 months for two or more either-way offences) or less can be suspended.  In the Crown Court, any sentence of 24 months or less can be suspended.

The minimum length of imprisonment for a suspended sentence is 14 days.

It follows, therefore, that if your offending is deserving of a sentence above the maximum level, or you are sentenced as a dangerous offender, you will not be able to receive a suspended sentence.

A suspended sentence is also not available for youths.

When can a sentence be suspended?

suspended sentenceThe sentencing court will first consider whether or not a custodial sentence should be imposed.  In legal terms the court decides whether the “custody threshold” has been passed.

If custody of one of the lengths discussed above is imposed, the Court can then move on to decide whether it can be suspended or not.

In considering whether the sentence can be suspended the Court will look at the particular circumstances of the offence and offender and consider a sentencing guideline that applies to this scenario.

Factors to consider would be:

  • whether there is a realistic prospect of rehabilitation
  • strong personal mitigation
  • the impact of immediate custody on others.

Mitigating against a suspension would be that

  • the offender is a risk or danger to the public
  • the most appropriate punishment is immediate custody
  • a poor history of compliance with court orders.

How long can it be suspended for?

The sentence of imprisonment can be suspended for a period from six months up to two years.  This is called the ‘operational period’.

What conditions may be imposed?

A sentence is suspended on condition that you do not commit any further offences during the operational period. In some circumstances an order may have that single condition.

Additionally, you can have a suspended sentence order that is subject to further requirements similar to this in a community order. This can include

  • unpaid work
  • a curfew
  • supervision with the Probation Service.

If you are subject to such an order, it is also suspended on condition that you comply with the requirements imposed.

What happens if I breach the order?

You can breach an order by either committing an offence within the operational period or failing to comply with any requirements that are imposed.

The starting point that will be adopted by the court if you are in breach of an order is to activate the period of imprisonment. The length of imprisonment may be reduced to reflect the level of compliance with the order and any of the requirements.

If it is unjust in the circumstances to activate the sentence then the court has other options.   You may be

  • fined for the breach,
  • made subject to further or more onerous requirements
  • the operational period may be extended.

 How can we help?

As well as advising you whether you might be able to receive a suspended sentence, we will also be able to help you put yourself in the best position for the court to treat you leniently.

This process can start as early as advice prior to a police interview under caution.  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 and ask for VHS Fletchers.

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.

Some examples of cases where we have helped secure a suspended sentence for our clients can be found here:

Drug Offences

Motoring Offences

Conveying Articles into Prison

GBH

 You can find your nearest office here.

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News

The Obscure Law Governing Importation of a Childlike Sex Doll

Importation of Indecent or Obscene Articles – a Childlike Sex Doll?

There has been a surge of people charged with importation of indecent or obscene articles, contrary to the Customs and Excise Management Act 1979 and the Customs Consolidation Act 1876.

On the face of it that might seem strange. Why are people suddenly being arrested and sent to prison for an offence under a statute that is 141 years old?

A Gap in the Law?

The answer is that the Crown Prosecution Service are using the old offence to address a very modern gap in the law. The surge in cases follows a similar increase in seizures of childlike sex dolls. Border Force officers have seized 123 such objects since March 2016. This figure would increase if the number of seizures by police forces were also known.

nottingham criminal solicitor childlike sex doll
Childlike sex doll seized by Cheshire Constabulary

The ‘gap in the law’ arises because it is not illegal to possess a childlike sex doll.

The Crown Prosecution Service has moved to address this. In June 2017, in the ‘first case of its kind in the UK’, a man was convicted of importing an indecent object. He had purchased a doll online, it was shipped from Hong Kong but was then seized en route to him at East Midlands Airport.

VHS Fletchers are no strangers to this development having also  represented clients charged with an offence in similar circumstances.

The Law

child like sex doll solicitors adviceThe offence itself is contrary to section 50(3) Customs and Excise Management Act 1979. This states that it is an offence for a person to import any goods contrary to any prohibition, with the intention to evade that prohibition.

It is what is called an either-way offence, so can be dealt with in the Magistrates’ Court or the Crown Court. It carries a maximum sentence of seven years at the Crown Court.

Where does it say that a childlike sex doll is prohibited?

Section 42 of the Customs Consolidation Act 1876 says:

“The goods enumerated and described in the following table of prohibitions and restrictions inwards are hereby prohibited to be imported or brought into the United Kingdom.”

The ‘table of prohibition’ is as follows:

“Indecent or obscene prints, paintings, photographs, books, cards, lithographic or other engravings, or any other indecent or obscene articles.”

It is for the Prosecution to prove that the Defendant either imported the item or was concerned in its importation.

The point as to whether or not a childlike sex doll is an obscene or indecent item was challenged at Canterbury Crown Court.

In that case, lawyers for the defendant had argued the doll was not covered by the law.  His Honour Judge James dismissed the argument, saying “any right-thinking person” would find the doll obscene.  This decision may raise the interesting question of where we draw the line regarding obscenity. However, for the purposes of this specific offence (i.e. childlike sex dolls) it is difficulty to disagree with the Judge in that case.

Some further information about what constitutes an obscene article can be found here.

The prosecution has issued some guidance on the considerations prior to bringing proceedings.  These can be found here.

Sentencing Guidelines

There are no sentencing guidelines for this offence. The maximum sentence is seven years. The reported cases so far seem to be attracting sentences of around two years, although clearly each case must be judged on its individual facts.

Further Thoughts

As it stands, possession of a childlike sex doll on its own is not an offence. There must be proof of importation. If the item was manufactured or warehoused in the UK prior to purchase, the purchaser has not committed an offence.

Considering the level of press interest that this offence has now received, we might have expected Parliament to address this issue with legislation by now.  Of course, other more pressing issues are tying up the time of Parliament.

An alternative view, however, is presented by Juliet Grayson, chair of the Specialist Treatment Organization for the Prevention of Sexual Offending (StopSO). StopSO is a charity which prevents sexual offending through therapy. She has suggested that just as methadone is used to treat recovering heroin addicts, childlike sex dolls can be used to treat paedophiles

This view raises a number of questions as to how it would be managed. If it is closely monitored, assists in the rehabilitation of an offender and prevents re-offending (much like the methadone example that she gives) it must be worth consideration.

On a final note…

It occurs that while possession of such an item is not illegal, a photograph of one could be. If the doll is, for example, photographed naked it could be argued that that photograph then constitutes a ‘pseudo’ indecent image of under the Protection Act 1978.

Contact an expert criminal solicitor for advice

VHS Fletchers is one of the few solicitors’ firms in the country who has the experience of representing a client charged with this offence.

The law is complicated and the potential consequences of a prosecution severe.

As a result, if you are arrested or know that the police wish to speak to you about an offence relating to the importation of an obscene article 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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News

Grievous Bodily Harm and Wounding, with and without intent

In legal shorthand we often refer to section 18 or 20 offences.  These refer to specific offences under the Offences Against the Person Act 1861.  They are offences that involve allegations of serious violence causing either Grievous Bodily Harm or Wounding.

What is the difference between section 18 and section 20?

grievous bodily harmThe most serious form of assault, short of attempt murder, is an offence under Section 18 Offences Against the Person Act 1861.  This involves the causing of either Grievous Bodily Harm (GBH) or Wounding intending to cause such a serious injury.

An offence involving intent under section 18 carries a maximum sentence of life imprisonment.  The same offence committed without intent under section 20 has a maximum sentence of only five years.

As a result, the offence can be committed in different ways:

  • wounding with intent
  • causing GBH with intent
  • wounding without intent
  • causing GBH without intent

‘Unlawfully and Maliciously’

For an offence to be committed unlawfully and maliciously it means that there is no defence such as self-defence, force used for preventing crime or the defence of property or another.

There are also some other technical differences between the two offences.

What is Grievous Bodily Harm?

 GBH or grievous bodily harm is really serious bodily harm.  It will include include broken limbs for example but can also include psychiatric injury.

What is wounding?

Wounding is where the skin is broken, either internally or externally.

Section 18 – the intent offence

 For the more serious offence intent to cause serious injury or wounding is required.

A jury needs to be satisfied that the offender intended to cause the harm.  They will do so by considering all of the relevant circumstances, including what the offender did and what he said about it.

What about weapons?

 The use of a weapon will make any offence more serious. Weapons include knives and bottles, or throwing acid.  Where feet are used to kick somebody they are treated as a weapon.  Biting will also be an aggravating feature in any case.

grievous bodily harm

Section 20, the offence without intent

In such a case it is accepted that there was no intention to cause the injury.  For example this might be the case involving a single punch that causes a person to fall backwards leading to a serious injury or wound.

A jury will be helped to decided on this issue by looking at  evidence of the manner in which the assault was carried out or your behaviour at the time and afterwards.

What sentence will I get?

 For an offence committed with intent it is almost inevitable that a term of imprisonment will be imposed. The guidelines range from 3 years for a less serious offence through to 16 years for the more serious offences.

Examples of sentences imposed are:

  • nine years when a bottle was used to strike the face requiring thirty stitches
  • nine years also imposed for causing a fractured arm with a baseball bat, knocking down and driving over a police officer, kicks to the head on the floor causing extensive facial fractures.

For offences under section 20 the maximum sentence is 5 years, so a non-custodial sentence is more likely. The guidelines range from a community order to 4 years imprisonment.

grievous bodily harm

Instruct an expert criminal law solicitor to represent you

The difference in sentencing for the absence of intent means that this issue has to be considered carefully in the context of all of the evidence.

We can advise you whether intent and other offence elements can be proven, and the prospects, if appropriate, of a plea to the lesser offence being acceptable to the prosecution and the court.

The law is complicated and the potential consequences of a prosecution severe.

As a result, if you are arrested or know that the police wish to speak to you about an offence relating to grievous bodily harm or wounding 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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Assaults on Emergency Workers – a new offence

Assaults on Emergency Workers

The penalties for assaults on emergency workers have been in the news recently.

Is there a specific offence covering assaults on emergency workers?

 Until now the only specific offence has been that of assaulting a police officer. This is a summary only offence which carries a maximum of 6 months imprisonment.

There has always been an option to charge an offender with more serious offences, such as actual or grievous bodily harm, if the injury to the officer is more serious, and this will remain the case.

However, most lower level assaults on emergency workers have had to be charged as common assault – an offence carrying a maximum of 6 months imprisonment.

assaults on emergency workers

What is changing?

A new law has been passed which will create a new category of common assault – assaulting an emergency worker in the exercise of their functions.

If your neighbour was a police officer and you got into a dispute and assaulted them, the new provisions would not be triggered as they would not at that time be acting as a police officer (‘in the exercise of their functions’), but if you assaulted a police officer while being arrested, the provisions would be triggered.

The Assault on Emergency Workers (Offences) Act 2018 came into force on 13 November 2018.

Who will this cover?

“emergency worker” means—

(a) a constable;

(b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;

(c) a National Crime Agency officer;

(d) a prison officer;

(e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer;

(f) a prisoner custody officer, so far as relating to the exercise of escort functions;

(g) a custody officer, so far as relating to the exercise of escort functions;

(h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;

(i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);

(j) a person employed for the purposes of providing, or engaged to provide—

(i) NHS health services, or

(ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.

It is immaterial whether the employment or engagement is paid or unpaid.

assaults on emergency workers

What is the penalty?

The maximum penalty will increase from 6 to 12 months’ imprisonment.

Is there any further effect?

The legislation will also create a statutory aggravating factor. This means that if a different offence is charged (such as actual bodily harm, for example) where the victim is an emergency worker, it will be seen as an aggravating factor which merits an increase in the sentence to be imposed.

Within the current sentencing guidelines, it is already an aggravating factor to assault a person serving the public, but the legislation will put the position on a statutory basis.

Why is this happening?

There has been an increase in assaults on emergency workers in recent years.

Government statistics reportedly show

  • 26,000 assaults on police officers in the last year
  • 17,000 on NHS staff
  • an increase of 18% in assaults on firefighters in the previous 2 years
  • a 70% increase on assault on prison officers in the 3 years up to 2017.

As a result of these increases, new legislation was proposed, and this will be the first time there is a specific offence extending protection to those carrying out the work of an emergency service.

Whether this sentence increase will deter assaults remains to be seen, with most commentators being sceptical at best.

How can we help?

Those facing allegations of assaults on emergency workers will always know that the court will treat these allegations seriously, with or without another piece of legislation.

If you are arrested or know that the police wish to speak to you about an offence of assault upon an emergency worker or any other allegation then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

You can read about a case where we made representations causing the prosecution to drop a case here.

This case illustrates the care we take to ensure a guilty plea to assault on medical  is the right choice for a vulnerable client.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

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Supplying drugs or possessing drugs with intent to supply – the law

supplying drugsAllegations of supplying drugs or possessing them with intent to supply are more serious than simply possessing the drugs.  Such allegations are likely to lead to lengthy custodial sentences.

What drugs are illegal to supply?

It is an offence to supply a controlled drug. This includes the ones that will immediately spring to mind such as heroin, cocaine, cannabis and amphetamine. It also includes what are called Class B and C drugs such as steroids, khat and ketamine. Some of these may be lawful to possess but not supply.

What is meant by supply?

 supplying drugsThe word “supply” is to be given its everyday meaning. Buying drugs on behalf of a group of people and handing them out, even for no profit, is still supply.

Handing drugs to someone else for safe-keeping may not be supply (although even that is not clear cut), but if that person holds the drugs intending to return them to the first person, he may be guilty of possession with intent to supply.

The law relating to possession of drugs is some of the most complicated criminal law on the statute book.

How does the prosecution prove an intent to supply?

The easiest way to prove this is by an admission of intent. Other ways include an assessment of the circumstances in which the drugs are held and the circumstances and behaviour of the alleged offender.

The quantity of drugs, possession of cash, drugs paraphernalia, “tick lists” or debtors’ lists, and phone records and messaging recovered from mobile phones will all be considered.

If there is insufficient evidence of an intent to supply the prosecution may accept a plea to simple possession.

What about proving possession?

To have an intent to supply you also have to be in possession of the drug. A person has in his possession anything which is in his physical custody or under his control.  You need to have knowledge of the drugs, but you do not necessarily have to have them in your pocket or vehicle.

What sentences are given out for supplying drugs?

supplying drugsThe maximum sentence for Class A drugs is life, for Class B and C it is 14 years imprisonment.

If an adult defendant has two or more convictions for a Class A drug trafficking offence, a seven-year minimum sentence applies, unless it is unjust to impose such sentence.

The offence is aggravated for adults if the offence is committed on or in the vicinity of school premises at a relevant time.  A relevant time is when the premises are in use by persons aged under 18 or within one hour of the start or end of such time.

The offence is also aggravated if a courier under the age of 18 is used in the commission of the offence.

The sentencing court will use the specific sentencing guidelines for drug offences. Those involved in the supply of Class A drugs are more likely to receive custodial sentences. The Court will consider factors such as quantities, the role played, whether it is street dealing or a commercial enterprise, financial gain and, as always, credit is given for a guilty plea.

Drugs offences attract some of the lengthiest prison sentences handed out in our courts.

The full sentencing guidelines for drug supply and other offences can be found here.

Instruct criminal solicitors experienced in defending allegations of supplying drugs.

As you can see such offending is treated seriously by the courts so it will be important that you seek early advice from a criminal law solicitor.

We assess the evidence on your behalf, advise you as to plea and can give you an indication of likely sentence if convicted. There are a number of possible defences available that we will consider.

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

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

You can read more about drug supply cases that we have dealt with:

This case involved a sentencing for supplying drugs into prison.

In this case a guilty plea resulted in a suspended sentence.

Here we successfully argued for a discharge for allowing premises to be used for cultivation of cannabis.

In this case one of our Higher Courts Advocates successfully challenged prosecution expert evidence at trial.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

racially aggravated
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News

New Sentencing Guidelines for Manslaughter Offences

The Sentencing Council, responsible for setting sentencing guidelines in England and Wales, has today issued a new sentencing guidelines for manslaughter offences.

Which offences are covered by the new sentencing guidelines for manslaughter offences?

The guideline covers:

  • Unlawful act manslaughter – a common law offence
  • Gross negligence manslaughter – a common law offence
  • Manslaughter by reason of loss of control – a statutory partial defence to murder (sections 54 and 55 of the Coroners and Justice Act 2009)
  • Manslaughter by reason of diminished responsibility – a statutory partial defence to murder (section 2 of the Homicide Act 1957)

The offence of corporate manslaughter is covered by the Council’s health and safety sentencing guidelines.

new sentencing guidelines for manslaughter offences

When does the guideline take effect?

The sentencing guideline for manslaughter offences applies to all offenders sentenced on or after 1 November 2018.  This means that if you are charged before the guideline comes in to force, you may still fall to be sentenced in accordance with it if you plead guilty or are convicted.

What are the different types of manslaughter?

Unlawful Act manslaughter

This is the most commonly prosecuted form of manslaughter and includes deaths that result from assaults where there was no intention to kill or cause very serious harm.  The circumstances can vary greatly.

For example, it could involve a situation where two friends briefly argue and one pushes the other causing him to fall and hit his head with fatal results.

Alternatively, it could involve someone going out looking for a fight and attacking someone forcefully but not intending to kill.

It could also include unintended deaths that result from other crimes, such as arson or robbery.

105 offenders were sentenced for this offence in 2016.

Gross negligence manslaughter

This occurs when the offender is in breach of a duty of care towards the victim which causes the death of the victim and amounts to a criminal act or omission.

The circumstances can again vary greatly. In a domestic setting it could include parents or carers who fail to protect a child from an obvious danger. In a work setting, it could cover employers who completely disregard the safety of employees.

Just 10 offenders were sentenced for this offence in 2016.

Manslaughter by reason of loss of control

This arises if the actions of an offender, who would otherwise be guilty of murder, resulted from a loss of self control.  An example might be where there was a fear of serious violence.

12 offenders were sentenced for this offence in 2016.

Manslaughter by reason of diminished responsibility

Someone guilty of this offence would have been suffering from a recognised mental condition that affected their responsibility at the time of the offence, without which they would have been convicted of murder.

26 offenders were sentenced for this offence in 2016.

Why has this guideline been issued?

The new sentencing guidelines for manslaughter offences will  ensure there is comprehensive guidance where previously such guidance was very limited.

Until now, there has been a guideline only for corporate manslaughter, which comes under the Council’s health and safety offences guideline.  The only other guideline  was issued by the Council’s predecessor body for manslaughter by reason of provocation.  This is now out of date following legislative changes to the partial defences to murder.

The full guideline can be found here:

Manslaughter Definitive Guideline

Will sentence length increase?

The Sentencing Council predicts only a minimal impact, suggesting that only around ten extra prison places will be needed per year as a result of the guideline.  It cautions, however, that ‘it is difficult to ascertain how sentence levels may change under the new guideline.’

Experience tells us that there is a certain degree of sentence length ‘creep’ following the implementation of new guidelines. Our advocates are trained in the use of all sentencing guidelines and equipped to ensure that judges apply them correctly.

Contact a criminal law specialist

As the new sentencing guidelines for manslaughter offences show, manslaughter will always be treated seriously by the courts.  The issues that arise in the defence of such cases will be complex.

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

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

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