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August 2023
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Prison Contraband1/28/2020 The government has announced further funding to strengthen security measures at several prisons. The funding will go towards advanced body scan technology, aimed at preventing drugs, weapons, mobile telephones and other prohibited items from entering the prison estate. The scanners were developed specifically for the Prison Service and can produce instant images from inside the human body and reveal internally concealed contraband. Criminal Solicitors In Sheffield The technology will be installed first at 16 local jails with high volumes of remand prisoners – posing the most significant risk of smuggling. The £28 million that will pay for X-ray scanners across the estate is being funded from a £100 million package to boost security. The investment will support new measures to tackle drugs and violence in prisons, including X-ray baggage scanners and metal-detection equipment, phone-blocking technology and a new digital forensics facility. The installation at the 16 prisons will begin in Spring 2020, with all scanners expected to be in place by the Summer. The prisons receiving scanners are HMP Exeter, Durham, Preston, Liverpool, Birmingham, Hewell, Lincoln, Bedford, Norwich, Chelmsford, Winchester, Elmley, Pentonville, Wandsworth, Bristol and Cardiff. The technology is set to be introduced in other prisons across the estate later this year. Family members are often caught up with this type of illegal activity and it can be tempting to try and help a loved one asking for help, at what can be a painful time for all concerned. It is clear that the government and Prison Service appears to be clamping down on such behaviour, and therefore the chances of being detected are increased. Criminal Solicitors in Leeds Taking prohibited items into the prison estate is a serious offence that almost always results in a prison sentence. Suspended sentences are not endorsed by the Court of Appeal, which observed in a recent case: ‘We have considered whether the sentence should be suspended but we are satisfied that an offence of this kind is so serious that only an immediate custodial sentence is justified.’ In addition, coercion will provide little by way of mitigation, the court stating in one case that: ‘It should not be thought that the fact that someone who takes contraband into a prison has been put under pressure by a relative, partner, or friend, will carry much weight in the generality of these cases. It is relatively rare for people who carry such contraband to do so entirely at their own initiative and pressure of some sort is regularly brought to bear.’ How can we help? If you need specialist advice, then get in touch with Ashmans Solicitors contact and let us help. We can advise on a plea, defences and potential sentences in a wide range of circumstances. Speeding How Fast Is To Fast
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Speeding How Fast Is To Fast1/26/2020 The idea of speed limits causes immense confusion, with many people believing that the speed limit is at least the minimum speed you should ordinarily drive at.
Most of us have experienced the rage of a motorist behind us if we adhere to the limit, and a step below it to any degree can cause outrage. Sheffield Solicitors In reality, however, the safe speed is always linked to the conditions, so we need to factor in lighting, road conditions, traffic flow etc., but still having an eye on the overall speed limit. But, just how strictly are those limits enforced? Research published recently by Auto Express magazine showed that most police forces adopt a 10% +2 policy, so if the speed limit is 40 miles per hour (mph), there will be no fixed penalty or prosecution unless the speed exceeds 46 mph. Interestingly some police forces, including Greater Manchester and the West-Midlands among others, refused to confirm the margin. Lancashire Police and the Metropolitan Police stated that they adopt 10% +3, Essex said they operate no threshold, and several other forces refused to say anything about the issue. Even where a margin of error is allowed for, this would not preclude a prosecution if the police wished to pursue one, so unless you are going to drive around with a current and comprehensive list of speed policies in your head, the safe course is to stick to the limit. As well as exploring police policies to speed, the research also disclosed that car speedometers typically display a speed which is 1 or 2 mph above the actual speed of the vehicle, so this again provides some welcome tolerance for those times when you might not be fully observing the applicable limit. Criminal Offence Solicitors Leeds In criminal law terms, speeding is often seen at the bottom of the list when compared to other crimes. Despite the relative low penalties, those points can soon hit the magic 12, and the risk of disqualification can become very real for many people (and some new drivers may forfeit their licence after gaining only 6 points). Speeding far in excess of the speed limit can result in instant disqualification or being charged with a more serious offence such as dangerous driving. When looking at the more serious offences, in particular causing death by careless or dangerous driving, we see that excess speed is often a feature highlighted by the prosecution. What starts as nothing other than a rush to get home in time for the soccer can soon become an unintended tragedy for all concerned. Find out if can you go to jail for dangerous driving. How we can assist If you need specialist advice, then get in touch with Ashmans Solicitors 03330096275 and let us help, we deal with all manner of road traffic offences on a daily basis and have the expertise to get you the best result possible. Alternatively email us [email protected]
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If you are being sentenced for an offence, the court will be aware of, and may take into account, any convictions you have. Whether this has any impact upon the sentence passed will very much depend on the date of those convictions and the relevance of any to the more recent offending. If you plead not guilty, the court or jury can only be made aware of any convictions in certain circumstances. The relevant law is known as the ‘bad character provisions”. Solicitors in Sheffield What are the circumstances? Prior to these provisions being introduced the court could be made aware of any bad character by way of similar fact evidence. So, for example, if a burglar had a particular or unusual way of committing offences, an ‘MO’, the detail could be given to the trial court. Whilst there were other ways in which evidence of bad character could be admitted, the general presumption was against evidence of previous convictions being used. The new provisions expanded on the old law. A defendant’s previous convictions may be admitted in court in the following circumstances: • all parties agree • a defendant introduces them himself • it is relevant to an important matter in issue between the defendant and the prosecution • it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant • it is necessary to correct a false impression given by the defendant • the defendant has made an attack on another person’s character If you said in evidence when charged with theft, that you would never steal anything, and you had convictions for theft, it would mean the court is likely to be told about them. If you called the prosecution witness a liar, you might find your convictions before the court. As with the old law, any convictions based on your ‘MO’ could also be introduced. So, if you have previous convictions for burglary and are now charged with burglary, the prosecution may apply to admit this evidence. Does this only apply to defendants? You can also make an application for the bad character of a non-defendant or witness to be out before the court in certain circumstances. Criminal Solicitor Leeds How can we help? The law in respect of the bad character provisions is extremely complicated, there is extensive case law on the subject and this article is a very brief overview. Some practitioners are of the view that there is little that can be done to avoid bad character evidence being admitted – this is not something that we agree with, no concession should be made unless and until a detailed analysis of the circumstances has been carried out. We can oppose any application on your behalf or make an application for a non-defendant’s character to be introduced. We have the knowledge and experience to make these arguments on your behalf and guide you through the process. The introduction, or otherwise, of any convictions may play a crucial part in the outcome of any trial. If you would like to discuss any aspect of your case, please contact Ashmans Solicitors
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Driving Disqualifications1/22/2020 read more The Sentencing Council is responsible for issuing guidelines on sentencing for the courts to follow. Guidelines must be followed unless it is in the interests of justice not to do so. New guidelines are now being proposed in respect of disqualifications from driving.
What is being proposed? The guidance mainly relates to cases dealt with in the magistrates' court. Minor changes are proposed to sentencing guidelines for driving while disqualified, and more significant changes are proposed in respect of the 'totting up' provisions. What is totting up? The 'totting up' provisions come into play when an offender incurs 12 or more points on their driving licence. Once 12 points are imposed, the offender must be disqualified for a minimum period of time. The length of that period depends upon whether the offender has been disqualified before. This disqualification can be avoided if the offender can successfully argue that not being able to drive would lead to 'exceptional hardship'. Exceptional hardship The new guidance sets out the considerations for the court in deciding whether or not there are grounds to reduce or avoid a disqualification. The court will be told to have regard to the following:
What else is proposed? In the guideline for driving while disqualified, it is proposed to make it clear that an existing disqualification should be added to any new disqualification period. At the moment if an offender receives a six-month disqualification and a week later gets another six-month disqualification, he would end up with a six-month one-week disqualification, as they run alongside one another. Under the new proposal, his total disqualification would be for 51 weeks. Motoring Offences The Chances Of Conviction What happens next? The changes are subject to a consultation seeking comments on the proposals. The consultation closes on 15th April 2020, so the guidance will not be in force prior to that date. It is clear however that a much more rigorous approach will be taken by the courts, sooner rather than later, and we can reasonably expect that courts will have in mind these proposals even though not yet in force. Read more on the no entry sign penalty. How can we help? If you need specialist advice, then get in touch with Ashmans Solicitors and let us help. We can advise on a plea, defences and potential sentences in a wide range of circumstances. Find out if can you go to jail for dangerous driving.
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Helens Law1/16/2020 In 1998 a 22-year-old insurance clerk called Helen McCourt was murdered and Ian Simms was convicted of that murder. The Parole Board recently directed Simms's release saying that they were satisfied that imprisonment was no longer required for the protection of the public. Helen's family are objecting to the release as Simms has never revealed the whereabouts of Helen's body as he continues to deny responsibility for her murder. ‘Helen's Law’ would be the culmination of a campaign by Helen's family to change the law to ensure that murderers must reveal the location of their victim before they were considered for parole. Fraud Solicitors London What is being proposed? The proposed law would require the Parole Board to take into account any failure by a prisoner serving a sentence for unlawful killing, or for taking or making an indecent image of a child, to disclose information about the victim. In particular, with convictions for manslaughter or murder, where the Parole Board does not know where and how the victim's remains were disposed of, and it believes the prisoner has information about it that has not been disclosed, it is proposed: "when making the public protection decision about the life prisoner, the Parole Board must take into account –
In respect of indecent images, the Parole Board must take account of the same non-disclosure in respect of the identity of a child in any relevant image. Criminal Solicitors Leeds What stage has been reached? The Prisoners (Disclosure of Information about Victims) Bill 2019-20 was announced in the Queen's Speech on 19th December 2019. A second reading took place on 8th January 2020. What does the Parole Board do? The Parole Board is required to protect the public from the risk of serious harm, a risk to life and limb. The test to be applied is that a direction for release cannot be given unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. Fleet St Solicitors What is taken into account? The Board has to consider:
In assessing the level of risk, the Board take account of a list of issues including the nature and circumstances of the index offence, any impact on the victim’s family and the lifer’s awareness of the impact of the index offence The current Parole Board guidance is already quite clear that the withholding of information by an offender has to be taken into consideration. It may mean that the offender still poses a risk to the public and would not, therefore, be eligible for parole. Is Helen's Law needed? Strictly speaking, the Parole Board already considers the exact issues that it would be required to take into account under Helen's Law. The only difference would be that the Parole Board's established practice would become a legal requirement. Other issues The Criminal Justice Act 2003 specifically refers to an aggravating factor in sentencing being the "concealment, destruction or dismemberment of the body". The Courts can, therefore, impose a longer sentence for those who conceal the location of their victim. Helen’s Law is unlikely to amount to much of a change in criminal sentencing, but it does demonstrate the new government’s renewed focus on sentencing issues, suggesting that a tougher sentencing framework may be imminent. How can we help? If you need specialist advice, then get in touch with Ashmans Solicitors and let us help. We can advise on a plea, defences and potential sentences in a wide range of circumstances.
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Date Rape Drugs and The Law1/14/2020 Reynhard Sinaga was sentenced to life imprisonment for the rape and sexual assault of 48 victims. The student is believed to have laced drinks with GHB to make his victims lose consciousness and have no recollection of what happened. He denied the offences saying that the acts were all consensual and the men would "act" as though they were asleep in order to fulfil his fantasy.
GHB, sometimes referred to as the date-rape drug, is often used recreationally to reduce inhibitions. When taken in a larger quantity, it leads to unconsciousness, as with Sinaga's victims. The drug is almost odourless and has a slightly salty or soapy taste which makes it easier to disguise in a drink. If you think you have been a victim then speak with our rape solicitors London. The Home Secretary, Priti Patel, has asked the Advisory Council on the Misuse of Drugs to review the classification of the drug. In her letter to the Council, the Home Secretary refers to the use of the drug by Sinaga and also by convicted murderers Stephen Port and Gerald Matovu. GHB, or gamma-hydroxybutyric acid, and GBL, gamma-butyrolactone, are currently Class C drugs. The drugs have a legitimate use, so it is legal to import, export, produce, supply, offer to supply or possess, except for the purpose of human ingestion, other than as a flavouring in food. The Council is being asked to undertake an urgent review of the classification of GHB and GBL under the Misuse of Drugs Act 1971, and the scheduling of the drugs under the Misuse of Drugs Regulations 2001. Solicitors in Sheffield What does this mean? It is already an offence to supply or possess the drug if you know or believe it will be swallowed or ingested. The Home Secretary is, presumably, wanting it to be a more serious offence. As a Class C drug, the maximum penalty for possession is 2 years imprisonment and 14 years for supply. As a Class B drug, for example, the maximum penalty for possession is 5 years, but for supply, the maximum is still 14 years. The only real difference would be the increase in the maximum penalty for possession of the drug. Is a change of classification needed? In the context of the case of Sinaga the issue wasn't just the possession or supply of GHB but the fact it was used to incapacitate his victims. There is a separate offence under the Sexual Offences Act 2003 of administering a substance to a person with intent to overpower that person to enable sexual activity with them. Such a substance would include GHB, the offence is not changed in any way by the classification of the drug used as the offence refers to a ‘substance’ rather than a drug. That offence carries a maximum of 10 years imprisonment. In reality, however, when a defendant is facing allegations of rape, or murder, it is unlikely that the administering of such a substance would need a separate offence to be charged. The offence of administering a substance with intent tends to be charged when, for example, a drink has been laced with the intent that sexual activity would take place, but the offence doesn't get as far as the sexual activity. The fact the drug was given would, undoubtedly, be treated as an aggravating factor during the sentencing process. The sentencing guidelines for rape specifically refer to the aggravating factor of the use of alcohol or drugs on a victim to facilitate the offence. As an aggravating factor, it demonstrates higher culpability placing the offence at a higher starting point for the sentence. Rape Solicitors How can we help? If you need specialist advice, then get in touch with Ashmans Solicitors 03330096275 and let us help. We can advise on a plea, defences and potential sentences in a wide range of circumstances. Alternatively email us [email protected]
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It’s a Genuine Fake!1/8/2020 Unauthorised use of a registered trademark is a criminal offence, so selling fake goods at a car boot sale or on internet selling sites can get you into serious trouble.
Few people appreciate the offences that can be committed, and ignorance is usually no defence. This article seeks to explain the background to some offences in respect of trademarks. What is a trademark? A trademark is a badge of origin, any sign capable of being represented graphically, which is capable of distinguishing goods; they may consist of words, personal names, designs, letters, numerals or the shape of goods. Fraud Solicitors London What are the offences? The offence is to apply the mark (that is the copied trademark), sell goods with it on, or have goods in your possession in the course of a business. There are also offences covering the copying of a symbol or sign on labelling, packaging or advertising. The law covers all goods from baseball caps and handbags to wheel trims and counterfeit drugs. Is there any defence? It is a defence to show that you believed, on reasonable grounds, that the use of the sign was not an infringement of the registered trademark. You need to demonstrate that not only did you honestly believe that the sign did not infringe registered trademarks but that you also had reasonable grounds to believe that. If you believed that the goods were genuine, that is also a defence. For the offence to be committed the trademark has to be one that is registered and also one that has a reputation in the UK. If the fake is terrible quality that is no excuse, the fact that no one would believe it was genuine does not matter as the use of the trademark is still an offence. What can happen to me? The offences are serious, possession of a few items can lead to a community order while a central role in a large operation can mean a sentence of up to ten years imprisonment. A conviction for this type of offence can also lead to confiscation proceedings being brought against you. These proceedings involve an assessment of the benefit or profit made from the offence, and if there has been a benefit, you can be ordered to pay that back from your assets. Even if you did not have any assets an order can be re-visited in the future should you come into any money. Fleet St Solicitors How can we help? If you would like to discuss any aspect of your case, please contact Ashmans Solicitors 03330096275 Alternatively email us [email protected]
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Notification Requirements - Removal1/6/2020 A large number of people are subject to notification requirements under Part 2 of the Sexual Offences Act 2003, many for an indeterminate period. The notification framework is often referred to as the 'sex offender register', and around 60,000 people are affected (although not all of those are subject to indeterminate notification).
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