Tag Archives: solicitor

News

Successful Crown Court Appeal of a Magistrates’ Court Conviction

crown court appeal legal aid solicitor
Senior Crown Court litigator Sarah Lees-Collier

Senior Crown Court litigator Sara Lees-Collier and solicitor-advocate Jon Hullis were recently instructed in a Crown Court appeal against conviction by the Magistrates’ Court.

Our client had been convicted after trial before the Magistrates of resisting a police officer in the execution of their duty.  Although she had only received a fine, this in combination with the prosecution costs meant that she had a substantial bill to pay at the conclusion of her case.

She was aggrieved with the outcome of the Magistrates’ Court trial.  She maintained that she was neither violent towards officers or attempted to resist arrest.  At the conclusion of the incident she had a broken arm.

The prosecution case

Police officers had attended an address to locate an offender.  Upon finding our client they discovered that she was subject to a warrant from the Magistrates’ Court for her immediate arrest in relation to road traffic offences.  Our client had already made arrangements with another police officer to surrender to that warrant.

When the police entered the property she was asleep in bed.  She had been drinking, and accepted that she was tired an annoyed by what was an unnecessary arrest bearing in mind her earlier conversation with the police.

The police maintained that she became abusive and then aggressive when the police attempted to arrest her.   It was alleged that she attempted to bite a female officer and then tried to resist arrest.  The police maintained that during their struggle to arrest her she had fallen off the bed and broken her arm.

Fault was said to lie with our client rather than the officers.

The reason for the Crown Court appeal

crown court appeal nottingham solicitor legal aidOur client’s version of events was very different.  She maintained that she had been handcuffed to one wrist while still on the bed.  A male officer had then taken old of the handcuffs while she was on t the bed.  He twisted her arm behind her back and pulled her off the bed with force.

As a result she fell to the floor breaking her arm.  The injury was extremely serious.  Her  arm was broken in three places.  She had to have an operation and metal plates were placed in her arm. At the time of her appeal she still had no feelings in her upper arm. Nerve damage had resulted and she remained on morphine and other medication.

The officer said to have caused the injury had been dismissed from the police for gross misconduct in relation to a separate incident.  He had given false statements in other cases. Despite that the prosecution still wanted to proceed with the appeal, but did not want to rely upon that officer at any appeal.

An automatic right to appeal

crown court appeal legal adviceOur client’s automatic right to appeal the conviction from the Magistrates’ Court to the Crown Court provided us with an opportunity to review whether additional evidence ought to be before the Crown Court on appeal.

At Jon’s suggestion, Sarah obtained a medical expert who prepared a report after liaison with our client’s treating consultant.  The report confirmed that the injury could not have been caused by a fall or slip off the bed.  There would have had to have been a twisting of her arm, consistent with her account, to cause the injury.  This increased the likelihood of her success with her Crown Court appeal.

Prosecution abandoned its opposition to the appeal

The report was served upon the Crown Prosecution Service who sensibly indicated that they would no longer be contesting the appeal.  The matter was listed before the Crown Court and the Magistrates’ Court conviction was overturned.

Contact us about your Crown Court Appeal

While there are always risks in pursuing a Crown Court appeal of a Magistrates’ Court conviction in terms of sentence and costs you will always want to seek our advice quickly.

The time limit for submitting any appeal is very short.  Legal Aid might be available, as it was in this case.

You can read more about how we will advise you in relation to any appeal here.

crown court appeal
Our offices across the East Midlands

Your nearest office can be found here.  Alternatively you can use the contact form below.

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News

Convicted Before A Magistrates’ Court – Can I Appeal?

Convicted Before A Magistrates’ Court – Can I Appeal?

If you have been convicted by the Magistrates’ Court you might feel aggrieved at the outcome.  It is natural that you will wish to consider a Magistrates’ Court appeal.

Your grievance may arise because you think that your case was not prepared correctly.  It might be that you believe that the Magistrates’ reached the wrong result on the evidence that was heard.

For many people, a conviction can be a major barrier to obtaining or keeping employment.  It may be an impediment to overseas travel.  This may well be the case even where the offence itself is relatively minor.

We acknowledge that the court process can be far from perfect. If you have a grievance, it is only right and proper that you consider your options. including a Magistrates’ Court appeal.

So, what can I do about it?

Magistrates' Court appeal solicitor adviceThe first thing to remember is that you must act quickly.  You only have 21 days from the date of sentencing to appeal your conviction.  As a result you should not delay in contacting us to discuss your Magistrates’ Court appeal.

If more than 21 days have passed then all might not be lost.  Please get in touch as soon as possible so that we can advise you about the possibility of an ‘out of time’ appeal.

When you contact us, we will also be able to consider and advise as to whether there are other avenues of appeal.  These may be either by way of judicial review or appeal by way of case stated.  Both of these methods of appeal are to the High Court.  These might be more suitable.

I pleaded guilty, can I appeal?

You might be able to appeal against ‘conviction’ if you pleaded guilty.  This will only be possible in limited circumstances.  These will exist only if your plea is ‘equivocal’. In this instance, there are two potential remedies that we will discuss  with you.  We will provide advice accordingly.

Do I need permission for a Magistrates’ Court appeal?

An appeal against conviction from the magistrates’ court to the crown court is what is termed ‘an appeal as of right’.  This means that you do not need any permission to appeal as long as your appeal is in time.

In effect, you are entitled to ‘2 bites of the cherry’ in terms of your conviction.  There are, however, some other issues such as sentence and costs that you should consider first.

Is my Magistrates’ Court sentence suspended pending an appeal?

Your sentence is not suspended pending appeal, although:

  • we can apply for bail if you are in custody; and
  • Apply for any driving disqualification to be suspended.

If you have been made subject to a community order, this will need to be complied with.  We will, however, take steps to try and expedite the hearing.

What happens at the appeal hearing?

magistrates' court appeal legal aid solicitorThe crown court, presided over by a Judge and Lay Magistrates (rather than a jury), will hear the case afresh.

As a result we have a valuable opportunity to review the case again on your behalf.  We will be able to identify what might have gone wrong at the first trial.  This will allow us to take steps to remedy any failures.

We can also examine what other evidence ought to the gathered on your behalf.  We can advise on any additional lines of attack that can usefully be deployed against the prosecution case.

If I lose the appeal, what happens?

If this happens then you will be re-sentenced by the crown court.  In addition you will be liable for prosecution costs. We will have an opportunity to discuss the costs implications with you in detail before you make any decision as to whether to appeal.

It is important to note that the crown court is not restricted to the same sentence imposed by the magistrates’ court.  As a result you may receive a higher penalty.

This will be one of the risks that you will need to balance.  This is also why we will at an early stage examine the other avenues of appeal with you such as judicial review and case stated.

Can I get legal aid?

magistrates' court appeal legal adviceMany people are eligible for legal aid.  We will advise you as to your eligibility when we meet with you.

If legal aid is not available for your Magistrates’ Court appeal then we will be happy to discuss fixed fee arrangements.  The cost of our high-quality representation is almost certainly much less than you might imagine it to be.

If you are successful in your appeal, and have funded your case privately, then some of your costs may be refunded to you.

Contact your nearest office for advice

magistrates' court appeal legal advice east midlandsAlthough you must act quickly in relation to your Magistrates’ Court appeal you must also consider it fully.  Please contact your nearest office to speak to a solicitor experienced in criminal law to provide you with full advice.

Alternatively you can use the contact form below and we will be in touch with you.

Contact

 

 

News

Fitness to Practice Committee – Legal Representation

Regulatory and crime solicitor Martin Hadley recently represented a  pharmacist before the Fitness to Practice Committee.  His client faced allegations of dishonesty as well as  breaches of the Responsible Pharmacist & Controlled Drug Regulations.

A lack of early expert advice

In this case the Local Health Board acted upon issues raised by a “whistleblower”. Once the issues had been raised by the Board, our client’s then employer pursued a further investigation.

What was clearly a lengthy and often fraught disciplinary investigation then followed.  Unfortunately, rather than seek specialist legal advice, our client relied on guidance from informal advisers.  This remained the position throughout this stage of the process.

fitness to practice pharmacist legal advice solicitor

As a result our client had no idea that the evidence from this disciplinary investigation could and would be used in proceedings before the General Pharmaceutical Council and the fitness to practice committee.

Late instructions

Our client came to us very late in the process.  The case had already been heard by the Investigating Committee of the General Pharmaceutical.  A decision had already been made that there was evidence against the pharmacist upon which a decision could be made that fitness to practice as a pharmacist was impaired.

By the time Martin received instructions the evidence in the case was substantial.  The bundle of paperwork provided by the General Pharmaceutical Council was significant.  The page count was well over 500, comprising statements and exhibits.

Martin took our client’s full instructions.  This allowed us to make representations to the Council’s solicitors regarding the strength of their evidence on the dishonesty matters.  They agreed with Martin and the allegations were amended to remove certain aspects of the  dishonesty .

As part of our preparation Martin produced a bundle of documents to go before the fitness to practice committee for consideration.  This not only included documents in support of his client’s case but also admissions to be made by both parties as part of the hearing.

The fitness to practice hearing

At the hearing the General Pharmaceutical Council solicitors called two witnesses in support of their case.  Martin cross-examined them.  The questioning led the members of the Committee to agreeing that there was no case to answer in respect of one of the dishonesty allegations.

Once Martin’s client had given evidence the Committee announced that the Council had failed to prove the remaining matter of dishonesty.

A decision still had to be made as to whether Martin’s client was impaired in relation to practicing.  Martin made detailed representations based following his client’s evidence.  Taking these into account the Fitness to Practice Committee decided that our client was not currently impaired and was free to continue to practice

Contact Crime and Regulatory Solicitor Martin Hadley

pharmacist fitness to practice legal advice
Crime and regulatory solicitor Martin Hadley

Earlier advice and representation by an expert regulatory solicitor may well have made the entire process less fraught for our client.  We will always have an eye on the likely effect of an earlier investigation on later disciplinary procedures.

As a result, if you are notified that there is to be an investigation into any aspect of your practice please contact Martin immediately.  He can be reached by phone on 0115 9599550 or by email here.  Martin will be able to advise you wherever you are based in the country.  This will ensure that you make the correct decisions early on in your case.

News

Removal from the Sex Offender Register

Notification Requirements and the Sex Offender Register

How to Be Removed From The List

What is the ‘Sex Offender Register’?

Despite its name, there isn’t an actual sex offender register.  The phrase refers to the notification requirements imposed upon those offenders convicted of sexual offences. Over 50,000 individuals are currently subject to these notification requirements.

The duration of the notification obligation depends on the sentence received by an individual and the age of the offender. Below is a list of the relevant periods for adult offenders:

sex offender register notification requirements

What are the notification requirements?

The notification requirements imposed are complex.  They mainly involve keeping the police informed of your residence and any travel plans.  The police also require notification of changes to your personal details such as a change of name.  They will want to know whether a person is residing in a household with a child.  Bank and credit card details as well as passport/identity documents will need to be disclosed.

It may be that following sentence you do not understand your full obligations under the notification requirements.  If so, please contact us immediately so that we can give you specific advice.

What happens if I do not abide by the notification requirements?

It is important that you fully understand your obligations.  Non-compliance is likely to be a criminal offence.  You can be punished by up to 5 years imprisonment. Any breach is always treated seriously by a court.

Indefinite notification on the sex offender register

It can be seen from the table above that some offenders are subject to the notification regime for an indefinite period. When the regime was first introduced that meant that a person would be subject to the requirement for life.  A court judgment in 2012 changed that.

This change in the law now means that some offenders can apply to have indefinite notification requirements removed.

The law only changed, whoever, in relation to those with an indefinite period of registration.  If you are subject to notification requirements for a fixed term you are unable to apply to have them reduced or removed.

When can I make that application?

The timing of any application will depend upon your age at the time of the offence:

  • an adult can apply after 15 years
  • a juvenile can apply after years.

If you are also subject to a Sexual Offences Prevention Order that must be removed before an application can be made in respect to notification requirements.  Again, we will be able to advise and assist you in relation to this part of the procedure.

How do I go about doing that?

There is a 2-stage process.

Firstly you must make your application to the police. If that application is refused then the decision can be subject to appeal before the Magistrates’ Court.

Do the police always refuse these requests?

Although your initial feeling might be that they do,  in our experience this is not the case. Some police forces have reported an initial success rate in some two thirds of applications to be removed from the sex offender register.

It is not, however, a straightforward matter.  A simple letter to the police asking for the requirements to be lifted is unlikely to succeed. In considering your application, the police have to apply a statutory test.  As a result it is vital that your application is drafted professionally to give you the best chance of success.

When they determine an application, the police must—

(1) have regard to information (if any) received from a responsible body;

(2) consider the risk of sexual harm posed by the offender and the effect of a continuation of the indefinite notification requirements on the offender; and

(3) take into account the matters listed below:

(a) the seriousness of the initial offence;

(b) the period of time which has elapsed since the offender committed the offence (or other offences);

(c) where the offender falls within section 81(1) of the 2003 Act, whether the offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d) whether the offender has committed any offence under section 91 of the Act;

(e) the age of the offender at the qualifying date or further qualifying date;

(f) the age of the offender at the time the offence was committed;

(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the offender at the time the offence was committed;

(h) any assessment of the risk posed by the offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;

(i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;

(j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);

(k) any caution which the offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;

(l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the offender for any offence listed in Schedule 5 where the behaviour of the offender since the date of such conviction or finding indicates a risk of sexual harm;

(m) any other submission or evidence of the risk of sexual harm posed by the offender;

(n) any evidence presented by or on behalf of the offender which demonstrates that the offender does not pose a risk of sexual harm;

and

(o) any other matter which the relevant chief officer of police considers to be appropriate.

How can we assist in your application?

sex offender register notification requirementsYou will appreciate from the list of considerations that the appeal process is complex and will require a detailed application from you.

We can assist you in collating the material necessary to draft and submit an application.  This will ensure that any application you make has the best chance of success.  This will be true whether it is considered by the police or before a court.

Contact a specialist criminal solicitor

We have a number of solicitors who will be able to assist you with any query or application relating to the sex offender register.  Please find information about your nearest office here.  Our team provide nationwide advice and representation, so if it is difficult for you to make an appointment then please contact is using the form below and we can contact you to discuss how best to progress your case.

Contact

 

 

News

Training on the role of the criminal defence solicitor in Derby

On Friday 6 October Derby criminal law solicitor Nick Wright gave a presentation to the Magistrates’ Association at Derby Magistrates’ Court.

Derby magistrates' court training
Derby crime solicitors Andy Cash (l) and Nick Wright (r)

This was at the invitation of Barbara Richardson, Chair of the Bench, and Chris Walker who is in charge of training.  Nick was joined by fellow local solicitor Andy Cash.  Andy gave his presentation about client issues relating to legal aid and other funding.

Nick relied upon his years of experience to give an insight into the role of the defence solicitor at the police station and at court.  He also helped the Magistrates understand the work that goes into the preparation of a case before it is presented in court.  He also brought Magistrates up to date with the current situation in relation to he potential for further criminal legal aid cuts.

The event was well attended by fifty or so local Justices of the Peace from East Midlands courts.  Feedback suggested that the presentation was much appreciated.  Over the two and a half hours Nick and Andy were able to answer many questions and hopefully provide a better understanding of defence work.

We are pleased to be able to continue a long tradition of providing such training to the Magistrates when asked.  Nottingham partners Nick Walsh and Andrew Wesley have both helped with similar events in Nottingham over the years.

Contact a criminal law specialist

It may make sense for you to instruct a criminal solicitor who trains the very Magistrates who will be making a decision about your case.  If you have court proceedings before Derby Magistrates’ Court then please do not hesitate to call Nick on 01332 546818 or use the contact form below.

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News

Our Crown Court representation secures not guilty verdict

Senior Crown Court litigator Caine Ward and in-house counsel Steve Gosnell provided crown court representation to a client crown court representation sexual offencecharged with a serious sexual offence.

The offending was said to have occurred over a period of two days and the alleged victim was known to  Caine’s client.  Originally there were two allegations made by the same complainant.  He was in his forties and of previous good character.

Free and independent police station advice

crown court representation nottingham sexual offencesCaine’s client took the opportunity to have free and independent legal advice in the police station.  He answered all questions put to him.  He maintained that they were in a relationship and any contact was consensual.

Further, he went on the state that there would be material on both his and her phone that would support his account.  In particular, there would be messaging between her and her friends that would corroborate what he said.

Our client was released on police bail.  He was told that this was to permit the interrogation of the mobile phones in the case.  He remained on police bail for seven months.

Following investigation, the police and prosecution made a bizarre decision not to charge the most serious offence, but simply proceed with one of the allegations.  Bearing in mind both allegations hinged on the credibility of the same complainant this was hard to understand.

Prosecution pressured to review the case

When the case was first before the court statements were served.  It became clear why the prosecution were not proceeding with one of the charges as the complainant had changed her account in a significant way.  It remained hard to see why the prosecution were continuing with the second allegation in the circumstances.

Of greater concern was that requests for the phone evidence that the police had had seven months to secure went unheeded.  Caine drafted a defence statement.  This demonstrated the importance of the phone evidence.  He repeated the request when the defence statement was served.

Again, the prosecution delayed in providing the information.  Eventually, it was confirmed that the complainant had refused to hand over her mobile phone to the police so downloads could not be obtained.

The matter was listed for two pre-trial reviews so that pressure could be placed on the prosecution to review the case.  On both occasions, different Judges raised concerns about the wisdom of proceeding with the case.  In having the case listed we were able to keep up pressure on the prosecution to drop the prosecution.

Missing phone evidence

crown court representation solicitor nottinghamThe prosecution finally confirmed that not only had the complainant’s phone not been handed to the police but that she had disposed of it and now had a new one.  As a result, all of the evidence had been lost.  The complainant maintained that she had never been asked for her phone.  This was at odds with unused material that Caine had seen.

In the end the prosecution were compelled to review the case one further time and decided to offer no evidence in the week before the trial.  A not guilty verdict was entered. This was clearly the right decision and removed any risk that our client would be convicted before a jury.

All of this was achieved with our client having the benefit of Crown Court criminal legal aid.

Instruct experts in Crown Court representation

crown court representation nottingham
Senior Crown Court litigator Caine Ward

We have an experienced team of crown court litigators and in-house advocates to provide you with expert crown court representation.  An important part of the preparation of your case will be to see whether the prosecution can be put in a position where it has to drop your case before trial.

If you wish to instruct Caine in a case then please telephone him on 0115 9599550 or use the contact form below.

Contact

News

Environment Agency Clamping Down on Criminal Activity

Environment Agency Clamping Down On Criminal Activity

People who illegally dump waste have cost land and property owners millions of pounds in the last year, according to the Environment Agency.

The financial impact, which relates to the cost of removing waste dumped in fields and empty commercial properties lawfully, could be even higher if land is contaminated or insurance premiums rise as a result. Dumped waste is also a major fire risk.

What is being done?

business defence solicitor nottingham environment agency prosecutions

In a bid to reverse this problem, the Environment Agency is reaching out to property and land owners, commercial property agents, trade associations and local authorities. Their aim is to warn of the dangers posed by waste criminals and advise them, their clients and their members how they can better protect themselves. It is likely that this increased level of activity will lead to more criminal investigations and prosecutions.

Jamie Fletcher, from the Environment Agency said:

“Waste criminals operate throughout the country, offering to remove waste cheaply and then dumping it in fields or empty warehouses. They tend to move to new areas as enforcement agencies become wise to their activities.

We know it’s only a matter of time before they target us again so we’re sending out a strong message: Waste criminals are not welcome here and we’re doing everything in our power to deter and catch them.
We can’t do it alone.

We work closely with partners to share intelligence on illegal waste activity. And we’re encouraging everyone to do their bit: for property and land owners to be vigilant and better protect themselves and for all businesses, organisations and individuals to manage their waste responsibly, preventing it from getting into criminal hands in the first place.”

Land and property owners are advised to:

  • Check any empty land and property regularly and make sure it is secure.
  • Carry out rigorous checks on prospective and new tenants. Land and property owners have a responsibility to ensure anyone leasing their land/property complies with regulations. They may be committing an offence by allowing waste to be stored on land or property without the relevant permissions and could leave them liable to prosecution.
  • Be vigilant and report any unusual behaviour.

Change on the roads

business defence environment agency prosecutionsIn a related development, the Environment Agency and Driver and Vehicle Standards Agency (DVSA) have officially agreed to carry out joint operations across England to cut the transportation of illegal waste and to improve road safety.

The memorandum of understanding will see the Environment Agency and the DVSA using their combined enforcement powers to tackle the transportation of waste to illegal or poorly-performing permitted sites.

The agreement will involve:

  • DVSA staff located within Environment Agency teams to ensure a coordinated and effective approach
  • sharing of information to increase the effectiveness of roadside enforcement on waste industry vehicles up and down the country
  • providing enforcement teams with intelligence relating to waste industry operators
  • identifying high risk or illegal goods vehicle operators involved in waste transport
  • reducing the number of seriously and serially non-compliant waste industry vehicles on England’s roads.

Legal Advice for Business Defence

There are thousands of commercial properties across the Country thought to be empty, which are owned by businesses and organisations, including fund management companies and local authorities.

The Environment Agency is also advising businesses and organisations of their responsibility to ensure their waste is managed appropriately. Anyone who produces, stores and manages waste is obligated to ensure waste does not cause harm to human health or pollution to the environment under Duty of Care legislation.

Waste crime diverts as much as £1 billion per annum from legitimate business and the treasury. Since April 2011 the Environment Agency has invested £65.2 million nationally to address it. Its specialist crime unit uses intelligence to track and prosecute organised crime gangs involved in illegal waste activity and to ensure any necessary action is taken against them.

Action you need to take

Environmental crime and regulation is a specialist area of business defence law.  Whether you need advice about your legal obligations, or representation if facing an investigation or prosecution, our team of lawyers is here to provide it.

The penalties in relation to environmental offences can be very high, sometimes reaching the hundreds of thousands of pounds, and in some cases resulting in imprisonment. For example, United Utilities was fined £666,000, with costs of £32,000 after pleading guilty to pollution offences at Manchester Crown Court.

Contact a Business Defence Solicitor

Nottingham business defence solicitor Martin Hadley
Nottingham crime and regulatory solicitor Martin Hadley

With cases such as this being decided against companies, you cannot afford to leave your case to chance.  Please contact business defence solicitor Martin Hadley on 0115 9599550 or alternatively use the contact form below.

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News

Criminal Finances Act 2017 – What You Need to Know

Change Ahead

The main provisions of the Criminal Finances Act 2017 came into force on 30th September 2017, and there are some important effects that any business ought to know.

New Provisions

criminal finances act 2017While tax evasion is already an offence, currently there is no obligation on a company to take steps to stop another person engaging in such illegal activity. With a few exceptions, if you do not personally participate, you can stand idly by while another person offends. These provisions bring this situation to an end so far as certain aspects of taxation are concerned.

How?

criminal finances act 2017 legal advice

The Act will render any business (which includes partnerships) liable to prosecution if a ‘tax offence’ is committed by an employee or other person performing services for the company. This will include agents of the business.

To be guilty, the following must apply:

  • There has been a criminal evasion of tax (whether that resulted in prosecution or not).
  • An ‘Associated Person’ facilitated the commission of that offence (i.e. a person linked to your business).
  • A failure by the firm to prevent that facilitation taking place.
    The final requirement imposes a strict liability element. Those running the business need not know that anything unlawful was taking place.

The definition of ‘Associated Person’ is broad. It means: ‘…an employee, a person acting in the capacity of an agent, or any other person who performs services for or on behalf of your company who is acting in the capacity of a person performing such services’.

The provisions apply in relation to both UK and foreign offences.

Do you have a Defence?

The good news is ‘Yes’.

But only if you can prove:

(a) That you had in place such prevention procedures as it was reasonable in all the circumstances to expect you to have in place; or

(b) It was not reasonable in all the circumstances to expect you to have any prevention procedures in place.

Therefore, your business needs to have reasonable safeguards in place to be able to try and prevent tax evasion.

What is the Penalty?

Your company could face an unlimited fine.

At the moment, although there aren’t any sentencing guidelines, we can reasonably anticipate these to be very large. In some cases these will be measured in the tens of thousands of pounds and above.

Additionally, you would also need to try and measure the reputational and other damage (such as loss of future contracts) that might follow.

That Doesn’t Sound Good, What Can I Do To Protect My Company?

Your business will need to commit to policies and processes designed to prevent your employees and others committing tax facilitation offences. There is no ‘one size fits all’ policy toolkit that you can purchase off the shelf.

To devise such procedures, you will need to:

  • Carry out a risk assessment.
  • Decide on what is a proportionate response to that risk.
  • Ensure top-level commitment within the organisation to implementing any policy/procedure.
  • Maintain due diligence.
  • Communicate the policy/procedures and train all employees/agents who carry out work on your behalf.
  • Monitor and review the policies and procedures to ensure continued effectiveness.

We Will Certainly Put This On Our ‘To Do’ List

While HMRC doesn’t expect you to have everything in place on 30th September 2017, it does have some ‘day one’ requirements, with HMRC stating in its guidance that:

‘[We expect] there to be rapid implementation, focusing on the major risks and priorities, with a clear timeframe and implementation plan on entry into force.’

Need help?

Laws relating to business can be challenging at the best of times, but when they could also land your company before the courts and facing crippling fines, it is best to act in advance and do all you reasonably can to put protections in place.

The provisions of the Criminal Finances Act 2017 are only summarised above; it will hardly surprise you to know that they are in fact much more complex, so you should take care to understand in detail your actual obligations.

Read more about our business defence services here.

Contact us for advice

criminal finances act 2017
Nottingham solicitor Martin Hadley

Should you wish to discuss any aspects of the Criminal Finances Act 2017 or wish specific advice then please contact partner Martin Hadley at our Nottingham office on 0115 9599550 or email him here.

Uncategorized

Studying and working in the law – advice given to local students

studying law
Education law solicitor Clare Roberts

Education Law and Criminal Defence Solicitor Clare Roberts was welcomed by students at West Bridgford School on the afternoon of Monday 21 September.  Following an invitation she delivered a talk about ‘Routes into Law’ to sixth form students who are contemplating studying law at university.

The talk focused on university applications including what to do if you do not get your expected grades, as well as the proposed changes in the route to qualification as a result of the proposed scrapping of the Legal Practice Course in 2020.

Clare also spoke with students about ‘a day in the life of a solicitor’ so that they had a sense of what a day at court was like, including the unpredictable hours!  Further information about the unpredictable nature of the work can be found here.

The students who attended the talk had lots of questions to ask about studying law at university.  Clare was also able to help with how the training within a firm thereafter will work.

Clare was really impressed with how knowledgeable the students were about their career options but also impressed by the careers education scheme run by Caroline Nolan at the school, which sees a variety of different professionals give talks to sixth form students at the school over the next few months.

Positive feedback for Clare’s presentation

It appears that the students were equally impressed by Clare, who received some positive feedback.  We hope we will be able to assist this and other schools again in the future.

If you think your students might be helped by a presentation such as this one then please contact us using the form below.  It is likely that we will be able to provide a solicitor local to your school or college to assist with any information you might need.

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News

A Freshers Guide to staying out of trouble…

…With the university

We have all been there. It is after midnight and in less than nine hours your 3,000 word assignment is due. You’ve given it some thought, procrastinated, and are only now starting to put fingers to keyboard.

Procrastination?

The stress involved in meeting last minute deadlines means that many an essay has been produced under chaotic, sleep deprived and less than ideal circumstances.

Although it will be obvious to all that copying an essay word for word from a text book without attribution will lead you into trouble for plagiarism, there are different concerns that might be less apparent.

Plagiarism?

student plagiarism disciplineFor example, if a student types out your essay and accidently forgets to cite some sources, or make it clear that the text is a quote from another source, then they can also find themselves in deep water with the university plagiarism officer too as well.

There will be a definition of plagiarism in your university student handbook. It will cover blatant instances, but also inadvertent plagiarism. The latter will have been caused by a lack of understanding or carelessness. We have sadly seen students face academic disciplinary hearings for matters which, with some careful understanding on the rules of correct referencing, could have been avoided.

Collusion?

Similar concerns arise in relation to collusion. This may sound a familiar scenario – your housemate intended to write their essay through the night. They weren’t up to the job, taking to their bed with the essay half finished. An hour before the deadline they ask to borrow yours. You feel like you don’t want to say no to your friend. They then use yours to copy content and before you know it, your lecturer has spotted too many similarities and you are both hauled before an academic disciplinary hearing. Your marks for that subject or even your degree at risk.

Read the handbook

student plagiarism legal adviceWe say the same to all students – your university student handbook may be about the most boring document you will ever have read but it is always worth looking up the regulations covering academic misconduct. If you do this at the start of your degree then you will understand what the academic requirements are and what could get you into trouble.

We have sadly seen a foolish mistake cost some students their degree or the marks that they were aiming for.

Contact education law specialists

plagiarism student allegation legal advice
Education law solicitor Clare Roberts

If you do encounter any academic misconduct issues you may want to seek early legal advice.  Please do not hesitate to contact education law solicitor Clare Roberts.  Although based at our Nottingham office she will provide appointments at all of our offices across the East Midlands.  Please call her on 0115 9599550 to make an appointment or do discuss a case.

Alternatively you can use the contact form below.