Tag Archives: solicitor

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Harassment – the law, defences and sentencing

harassmentThere 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?

 harassmentThe 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

harassmentA 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.

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Benefit fraud – what do the prosecution have to show?

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

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.

benefit fraud

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.

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Is restorative justice appropriate in your case?

Restorative Justice, or ‘RJ’ as it is sometimes known, is a way of holding offenders to account and can be used as an alternative to a caution or conviction, or alongside a sentence.

What happens with Restorative Justice?

restorative justiceRestorative Justice gives a victim the opportunity to meet or communicate with an offender to help the offender understand the impact of the crime.  It can also provide the offender with the chance to make amends.

This may be done in a face to face meeting or by way of a written apology.  Alternatively the offender could make amends to the community rather than to the victim directly.

Communication takes place in a controlled environment, if the meeting is face to face.  A facilitator will also be present. The meeting would centre on the harm caused and ways to repair that harm.

When can Restorative Justice be used?

For any kind of communication to take place the victim must be happy to participate.  The offender will also have to have admitted the offence and be willing to take part.

Gareth Thomas, the former Wales rugby captain, chose to deal with his complaint in this way after he was the victim of a homophobic assault.

The young person involved admitted the offence, and it is being dealt with by way of Restorative Justice rather than via a caution or through Court.

Mr Thomas said he thought that the offender could learn more through Restorative Justice than any other way.

Restorative Justice can also be used when an offender has received a prison sentence.  In another case, Cathryn Walmsley of Bolton was assaulted, the offender pleaded guilty to causing grievous bodily harm with intent, and a four-year term of detention was imposed.

Mrs Walmsley read a victim impact statement out in court to set out how the offence had affected her. She also said that she would like to sit down with the offender to discuss what he did because she believes that this may give her “closure”.

It may also assist the offender, and it is hoped in these circumstances that it would reduce the likelihood of any future offending.

restorative justice

Does it work?

Research undertaken by the government in a seven-year period found that there was an 85% victim satisfaction rate with the process following the use of restorative justice.  There was a also a reduction in the frequency of re-offending of 14%.

How can we help?

Many decisions relating to whether Restorative Justice is an appropriate alternative to a police caution or prosecution will be made at the point of police interview under caution or shortly afterwards.

We offer free and independent legal advice at the police station or anywhere else where you may be interviewed by the police.

A number of benefits to seeking advice can be found here, but an important benefit is that we will be able to advise you as to whether restorative justice could be available in your case and make representations or negotiate with the police on your behalf.

An example of a case where we have successfully negotiated a restorative justice disposal can be found here.

 You can find your nearest office here.

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VHS Fletchers offices across the East Midlands

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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

Motoring law solicitor secures suspended sentence.

chesterfield motoring law solicitor
Chesterfield crime and motoring law solicitor Kevin Tomlinson

Chesterfield Crime Solicitor Kevin Tomlinson has a wealth of experience defending motoring law offences.  He is known for his calm and unflappable approach which places clients at ease in what is often an alien environment for them.  These qualities are demonstrated by this particular case.

 

Kevin was instructed by a client who was accused of drink driving.  She had provided a specimen of breath showing that she was nearly three times the legal drink drive limit.

Investigation of a procedural irregularity

chesterfield motoring law solicitorOur client was prepared to plead guilty to the offence and was seeking advice as to the likely penalty she would receive.  Kevin, however, sought his client’s instructions on the full circumstances of the offending and began to check the evidence that the prosecution had.

While there was no doubt that Kevin’s client had drunk alcohol before driving, the level has to be above the legal limit to drive. in order to convict her of the offence, therefore, the prosecution had to show that the evidence of the breath specimen was reliable.

If you are investigated for drink driving and provide a sample of breath at the police station you will be given a print out of the reading provided by the machine.

In this case, the printout provided to our client showed that there had been an error. The layout of the paperwork appeared to be wrong.  Kevin could not be sure that the breath test had been performed correctly.

At court Kevin spoke with the prosecutor to see if they had the same documentation as his client.   The prosecutor did not.  Their copy of the printout was correct.  It appeared, for whatever reason, that our client’s version had been incorrectly printed.

chesterfield motoring law solicitorKevin then took the time to speak with his client again.  It seemed clear that the machine had been working properly, bearing in mind his client’s instructions about how much she had had to drink and the prosecution copy of the printout.  Further, the decision that she made on plea would be important as the starting point on sentence in her case was a twelve week custodial sentence due to the level of the reading.

Would she choose to try and take advantage of a potential loop hole and risk loss of mitigation and prison if she was found guilty?

Suspended sentence followed a guilty plea

Having taken further instructions, it was clear that our client wanted to plead guilty and not try to challenge the reliability of the machine.

Following her plea, Kevin was able to advance substantial personal mitigation on her behalf which is always more compelling if it follows a guilty plea.  Kevin’s calm and measured approach persuaded the Magistrates that any sentence of imprisonment could be suspended.  In addition to the suspended sentence she also receive the inevitable driving ban.

She was extremely relieved and pleased with the outcome.

You can read more about the importance of an early guilty plea and and an expression of remorse here.

Contact an expert motoring law solicitor

Kevin Tomlinson is based at our Chesterfield office, but is able to provide nationwide advice and representation.  If you wish to instruct Kevin then his contact details can be found here.

We will always advise you as to your entitlement to criminal legal aid to ensure your free representation in the Magistrates’ Court.

You can read more about that here.

Alternatively, if one of our other offices is more convenient then you can find these contact details here.

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Government to focus on Controlling Dangerous Dogs?

The Environment, Food and Rural Affairs Committee’s report Controlling Dangerous Dogs calls for a full-scale review of current dog control legislation and policy to better protect the public. The report was published on 17 October 2018.

controlling dangerous dogs

The full report can be found here.

Is there a problem with controlling dangerous dogs?

According to the Committee there is.

In 1991 the Dangerous Dogs Act outlawed certain breeds and types of dog to protect the public from attacks.  Since then the number of yearly fatalities has continued to rise.

Hospital admissions for dog attacks have increased by 81% since 2005. An unacceptably high number of victims suffer horrific life-changing injuries in these incidents. Even where no physical injury occurs, dog aggression can cause significant psychological distress.

controlling dangerous dogs

At the same time, too many harmless dogs are being destroyed every year because they are banned and cannot be re-homed, even if they are well tempered and pose no risk to the public.

The Government has maintained that the breed ban is essential to public safety, arguing that these prohibited dogs pose an inherent risk. This inquiry found insufficient evidence to substantiate this claim.

The Committee agrees with the Government that it would be irresponsible to amend the breed ban immediately without adequate safeguards, but ‘that does not mean that the Government should continue to sit on its hands.’

The report argues that changing the law on Breed Specific Legislation is desirable, achievable, and would better protect the public, and that ‘…the Government’s lack of action on this front shows a disregard for dog welfare.’

controlling dangerous dogs

What action needs to be taken?

The report makes the following recommendations in relation to controlling dangerous dogs:

  • immediately remove the prohibition on transferring a banned dog if it has been behaviourally assessed by experts and found to be safe. This would prevent the needless destruction of friendly animals that could be safely re-homed;
  • commission an independent evidence review to establish whether the banned breeds or types present an inherently greater risk than any legal breed or cross breed;
  • commission a comprehensive review of existing dog control legislation and policy, with a view to developing an alternative model that focuses on prevention though education, early intervention, and consistently robust sanctions for offenders;
  • ensure all future strategies are developed with a full and transparent commitment to evidence-based policy-making. If the independent evidence review concludes there is insufficient evidence to support the Government’s position on Breed Specific Legislation, this aspect of the law should be revised;
  • introduce mandatory training and education courses for minor dog offences, similar to speed awareness courses for drivers;
  • support wider dog awareness training for schoolchildren, and run a targeted awareness campaign for dog owners and the general public on safe human-dog interaction;
  • increase support for local authorities and police forces to ensure they have the capacity to fulfil their duties; and
  • engage with international partners to learn lessons and best practice from abroad.

Will anything change as a result of this report?

It remains to be seen how if at all, the government will respond to this latest report.

Sentencing for dangerous dogs’ offences already results in severe sentences, but the focus here is more on trying to ensure that harm is not caused in the first place.

How we can assist?

Dog owners are often unfairly stigmatised and face severe punishment if found guilty of dangerous dog offences.

The legislation is extremely complex, but our solicitors have an in-depth knowledge of this area of law.

If you face investigation or prosecution it is important that you seek early advice.

The benefits of having free and independent legal advice from one of our solicitors in any interview with the police can be found here.

Any interview may well take place with the suspect being a volunteer.  This does not mean that the police are taking the case less seriously.

More information about this type of interview can be found here.

You can read more about how to contest destruction orders made with a view to controlling dangerous dogs here.

Contact your nearest office

We provide nationwide advice and representation in criminal law matters from our offices across the East Midlands.

You can find your nearest office here.

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VHS Fletchers offices across the East Midlands

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Distressing case before Chesterfield Magistrates’ Court

activation of a suspended sentence
Chesterfield crime solicitor Denney Lau

A recent case involving activation of a suspended sentence nearly brought Chesterfield crime solicitor Denney Lau to tears.  Despite having been qualified for 11 years and having represented any number of clients with many different circumstances before the court, this case was still able to cause distress.

Denney’ s client was appearing before the court in relation to breach of a suspended sentence order.  The starting point for breaching such an order is that the suspended sentence term must be activated.  It is possible to avoid this if the court can be satisfied that it would be unjust to do so in all of the circumstances.  As a result, Denney’s client was very much at risk of a custodial sentence.

The breach information set out that although our client’s initial compliance had been good, after several months he had simply stopped attending the appointments.  No explanation had been given.  On the face of it, our client was guilty of a complete disregard of a court order and there was unlikely to be any argument to avoid a prison sentence.

However, upon further investigation, this view of the case could not be further from the truth.

Compelling personal circumstances to avoid activation of a suspended sentence

During private consultation Denney was able to learn the full circumstances of his client’s failure to keep to the terms of the order.  His client had lost touch with the probation service following difficulties in his partner’s pregnancy.

During a routine scan, no heart beat had been detected.  Attempts were made to induce the birth.  Further complications arose and his partner had to undergo emergency surgery.

Although the baby was born, within two months our client was attending the funeral of his child.  He struggled to cope with these life changing events and had made several attempts to take his own life.

He had sought medical help and mistakenly believed that all of the professionals involved with his family would have liaised with each other so that compliance under the probation order had been suspended.  Unfortunately, the order does not work like that and it had continued.

Denney had to advise his client that despite his personal circumstances he was in breach of the suspended sentence order,  Had he spoken with the probation service they may have been understanding of his circumstances, but he had not.

It appeared, however, that the information from the client provided compelling reasons for the court to permit the order to continue.  The court agreed, having heard the mitigation, that it would be unjust to activate the suspended sentence.

The importance of instructing a criminal solicitor

This case illustrates the importance of instructing an expert criminal defence solicitor, whether you face activation of a suspended sentence or any other criminal offence.

Denney and his colleagues are used to hearing about people’s lives in great detail, whether that is by way of a police allegation or as part of a defence or mitigation.  As a result, we are experts at gathering relevant information and will have heard very similar cases many times over the years.  The horrific ordeal suffered by our client in this case still has the power to shock.

We were able to represent this client under the legal aid scheme.  This means that our representation before the Magistrates’ Court was free of charge to him.  This means that he was spared the ordeal of explaining deeply personal information to both the probation service and Magistrates.

You can read more about legal aid here.

You can contact your nearest office for an appointment to discuss your case.  Our contact details can be found here.

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Fireworks and the Law – how to avoid trouble

Fireworks and the Law

fireworks and the lawAs Bonfire Night approaches families will be looking forward to enjoying the displays.  These might be in the garden or an organised display.  While the night sky is brought alive by the vibrant explosions of noise and colour there remains. lurking in the background, a risk that failing to deal with fireworks safely and responsibly could bring an individual to the attention of the police and the courts.  The issue of fireworks and the law can be complex, with regulations changing regularly.

It will be important that retailers who are thinking of supplying fireworks for the first time consider their obligations relating to fireworks and the law.  They will need to ensure that they are sufficiently familiar with the complex rules that regulate the sale and possession of fireworks.

Contravention of the rules can result in substantial fines being imposed, or even a prison sentence.

One of our crime and regulatory experts Martin Hadley explains the law.

Classes of firework

There are four general classifications for fireworks:

  • Class 1 – Indoor fireworks
  • Class 2 – Garden fireworks
  • Class 3 – Display fireworks
  • Class 4 – Professional fireworks

Certain fireworks are banned entirely, such as mini-rockets, bangers, firecrackers, ‘jumping fireworks’ and air bombs.

There are also fireworks referred to as ‘adult fireworks’, which are subject to a local authority licensing regime.

Importation of Fireworks

It is a criminal offence to import fireworks unless notice of the fact is given to HM Customs and Excise, and details of the importer’s name and address where fireworks will be kept.

Given the sizeable market in illegal and unsafe imported fireworks, it is always wise only to purchase from established, recognised retailers.

Sale of Fireworks

Retailers must display specified signage warning that it is illegal to sell fireworks to those under 18 years.   This prohibition extends to sparklers.  Retailers should have robust training procedures in place to ensure that store staff know how to recognise under-age purchasers, and challenge as to age in appropriate cases.

There are licensing restrictions on the supply of adult fireworks.

You can only buy fireworks (including sparklers) from registered sellers for private use on these dates:

  • 15 October to 10 November
  • 26 to 31 December
  • 3 days before Diwali and Chinese New Year

At other times you can only buy fireworks from licensed shops.

Possession of Fireworks

fireworks and the lawIt is an offence for a person under 18 years to possess most fireworks in a public place. There are limited exceptions for those employed in the business of firework displays and other relevant occupations.

The possession of category four fireworks is prohibited save for those employed in the business of firework displays and other relevant occupations.

Weight and time limits apply to how much of each type you can store at home before you need to register your storage or apply for a licence.

If you are buying just selection boxes and sparklers from the supermarket, small quantities of fireworks in general or are buying your fireworks a day or two before you let them off, you do not normally need to worry about storage laws as they would not apply.

Night-time Restrictions

With certain exceptions for particular notable days of the year, the use of adult fireworks is not permitted during the hours of 11 pm – 7 am.

Again, there are specific exemptions:

  • November 5th – You can let fireworks off until midnight.
  • New Year’s Eve – You can let fireworks off until 1am.
  • Diwali – You can let fireworks off until 1am.
  • Chinese New Year – You can let fireworks off until 1am

Noise Levels

Category 3 fireworks are restricted to a sound impulse sound pressure level of 120 decibels. It is an offence to supply any firework that contravenes this restriction.

Public Order, arson, violent and Other Offences

Fireworks are dangerous incendiary devices and in the wrong hands can cause serious injury to persons, animals and property. Many of these offences carry substantial criminal penalties.

Transporting fireworks

Fireworks are explosives and cannot be sent through the post. This also applies to sparklers. Fireworks can only be shipped using an explosives courier and must be clearly marked as such.

Contact a criminal law specialist

Bonfire Night is a time for fun but can land the unwary in hot water with the police.

A person can be fined up to £5,000 and imprisoned for up to 6 months for selling or using fireworks illegally. You could also get an on-the-spot fine of £90.

Separate offences can be convicted if fireworks are used to cause a nuisance.

the law and fireworks
Nottingham crime and regulatory solicitor Martin Hadley

We can advise on any aspect of criminal law including fireworks and the law, so if in doubt contact your nearest office to speak to a criminal solicitor.  If you are a business under investigation for contravening the relevant regulations then please contact crime and regulatory solicitor Martin Hadley.

Alternatively you can use the contact form below.

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Justice Week – What is it and what will it achieve?

justice weekJustice Week is a new initiative setup by the three legal professional bodies; the Law Society, the Bar Council and the Chartered Institute of Legal Executives (CILEx).

The purpose of the week is to boost the profile of justice and the rule of law, helping to place them at the centre stage of public and political debate.

With many parts of the system at breaking point, now is the time to make a strong and clear case for why they are so fundamental to our society, economy and democracy.

Justice Week will launch a week-long programme of research, public events, and digital content, bringing together media, politicians, industry, the third sector and the general public.

Justice Week aims to:

  • promote the value of justice and the rule of law to audiences beyond the legal community to inspire and activate those who have not been a part of conversations on justice or listened to by decision-makers
  • build public support for core campaigns on access to justice and the rule of law
  • increase public understanding of the role of government in the administration of justice and how the legal profession supports the justice system.
  • demonstrate to decision-makers that the impact of justice policy is widely felt and understood, and that a wide range of communities and constituents can articulate their concerns and demands
  • highlight the work undertaken every day by individual legal practitioners – particularly that work which is undertaken pro bono – to improve access to justice and the rule of law

When is it Justice Week taking place?

In 2018, Justice Week will run between Monday 29 October and Friday 2 November.

Pro Bono

National Pro Bono Week (NPBW) was conceived in 2001 by the then Attorney General and the Attorney General’s Committee to recognise the contribution that legal professionals make, free-of-charge, to people and organisations in need of legal advice and representation who would otherwise be unable to afford it. It was run and funded by the three professional bodies.

Building on the achievements of National Pro Bono Week, Justice Week will celebrate the pro bono work of legal professionals and support, guide and encourage those who or are looking to undertake pro bono work for the first time.

The Law Society, Bar Council and CILEx continue to support the pro bono sector with:

  • Guide to pro bono support
  • Funding for events
  • Providing publicity on initiatives and areas of concern
  • Providing events and support during Global Pro Bono Week

What can we do?

The Law Society’s Richard Miller

Richard Miller, head of the Justice Team at the Law Centre, commented:

“If we want to win the arguments about justice, we have to get smarter at explaining to people what it means in relation to their day to day lives, and why they should care as deeply as we do that access to justice in this country is under threat, as Supreme Court Justice Lord Wilson said in September 2018.

There is no one approach that will engage people. But there are reasons why people, whatever drives them, should care about access to justice.”

We are always trying to increase the awareness of the services provided by this firm and others within the criminal justice system.

For example, we have published a series of posts about the advantages of taking advantage of free and independent legal advice at the police station.

You can read ten good reasons to do so here.

Our posts try to explain the ingredients of offences and any defences that might be available,

For example, you can read about drug driving offences here.

The articles also illustrate the value that a solicitor can bring in the preparation and presentation of a case:

Here are some thoughts on expressions of regret and remorse in mitigation.

Hopefully articles such as this can make small changes over time in the public perception of criminal legal aid lawyers.

Discuss your case with a solicitor specialising in crime

If you know that the police wish to speak to you, or have been interviewed, or face court proceedings, then please speak with one of our criminal solicitors.

You can find your nearest offices here.

justice week
VHS Fletchers East Midlands offices

Alternatively you can use the contact form below.

Contact

News

I have received a postal requisition – what should I do?

Since the change in the rules relating to police bail a postal requisition has, in many cases, replaced a formal police charge in bringing a defendant to court.

What is a postal requisition?

postal requisitionA postal requisition is a summons to court, telling a defendant what they have been charged with.  It will also contain the date and time that you must attend a particular Magistrates’ Court.

They will be used in cases where the police do not seek bail conditions.  They will be appropriate where there is no language or communication problems and there is a known fixed address for the defendant.

 

When will I receive one?

Although a postal requisition will be used in motoring offences in a similar way that a summons would have been issued, they are also used for a wide range of criminal offences including the most serious.

As a result, if you have been interviewed by the police as either a volunteer or while under arrest and been released under investigation the first thing you hear about the outcome of the investigation might be the postal requisition.

Unfortunately, the timing of the requisition will be hard to predict.  It could be received within weeks of a police interview, or months afterwards.

What happens if I don’t attend court?

If you fail to attend court in answer to the postal requisition then it is likely that a warrant without bail will be issued for your immediate arrest.  This means that the police will arrest and detain you at a police station in order to bring you before the next available sitting Magistrates’ Court.  This could be on a Saturday or Bank Holiday and you could spend many hours in custody.

Bearing in mind the possible delay in sending the requisition it is extremely important that you check your post regularly and keep the police informed of any change of address to avoid an unnecessary arrest.

postal requisition
A helpful reminder outside our Chesterfield office

If we have provided you with free and independent legal advice in your police interview then we will make regular contact with the police to ensure that you know what is happening with the investigation.  We will be able to keep the police informed on your behalf of any changes of address.  We will also be able to tell you when the investigation has been concluded and if you are likely to have to go to court.

Even if we have not advised you in interview, please feel free to contact us afterwards.  We will be able to advise you on the likelihood of further interviews, and provide the same service to you as we would to those who we represented in interview.

What should I do if I receive a postal requisition?

Hopefully you will have already taken advantage of our free and independent legal advice at the police station so in those circumstances simply contact the lawyer at this firm who dealt with your case.

We will be able to provide you with advice as to the availability of criminal legal aid or discuss private funding with you.  We will also be able to make a request for the papers in your case prior to the first hearing and begin to take instructions and advise you as to plea.

postal requisition
VHS Fletchers offices across the East Midlands

This will ensure that you have representation at this all important first hearing and will have investigated any defence that you might wish to put forward.

If you did not have representation in interview or this was from a different solicitor, then we will still be more than happy to receive your instructions in your case.  Please contact your nearest office when you receive the postal requisition.

Alternatively you can use the contact form below:

Contact