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August 2023
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March 2020 Ministry of Housing, Communities and Local Government FURTHER BUSINESSES AND PREMISES TO CLOSE As a country, we all need to do what we can to reduce the spread of coronavirus. That is why the government has given clear guidance on self-isolation, staying at home and away from others, and asked that schools only remain open for those children who absolutely need to attend. On 23 March the Government, stepped up measures to prevent the spread of coronavirus and save lives. All non-essential premises must now close. Takeaway and delivery services may remain open and operational in line with guidance on Friday 20 March. Online retail is still open and encouraged and postal and delivery service will run as normal. Fraud Solicitors London Retail and public premises which we expect to remain open must:
These premises and other venues must close as they involve prolonged close social contact, which increases the chances of infection spreading. Criminal Solicitors London Takeaway and delivery facilities should remain open and operational. This means people can continue to enter premises to access takeaway services, including delivery drivers. Planning regulation will be changed to enable restaurants, cafes and pubs which do not currently offer delivery and hot food takeaway to do so. This will be clearly communicated by the government when in effect. People must not consumer food or drinks on site at restaurants, cafes or pubs whilst waiting for takeaway food, Those venues offering takeaway or delivery services must not include alcoholic beverages in this list if their license does not already permit. Length of closure We are asking the businesses and premises and other venues outlined above not to open for trade from close of trade 23 March 2020. The Government will look again at these measures in three weeks, and relax them if the evidence shows this is possible. Compliance Everyone is instructed to comply with the rules issued by the government in relation to coronavirus, in order to protect both themselves and others. As of 2pm on 21 March 2020, closures on the original list from 20th March are now enforceable by law in England and Wales due to the threat to public health. The government will extend the law and enforcement powers to include the new list of premises for closure. Further measures on enforcement could be taken following the passage of the Coronavirus Bill through parliament. A business operating in contravention of the Health Protection (Coronavirus, Business Closures) Regulations 2020 will be committing an offence. As agreed with the devolved administrations, these measures will be extended to Scotland and Northern Ireland by Ministerial Direction once the Coronavirus Bill is in force. Environmental Health and Trading Standards officers will monitor compliance with these regulations, with police support provided if appropriate. Businesses and premises that breach them will be subject to prohibition notices, and potentially unlimited fines. Financial Support Her Majesty’s Treasury also announced on 20 March 2020 a comprehensive series of measures supporting wages, cash-flow for businesses, and the welfare system. Business support In England, under the Retail, Hospitality and Leisure Grant (RHLG) announced on Monday March 16, businesses and premises in England in the retail, hospitality and leisure sectors will be eligible for cash grants of up to £25,000 per property. Eligible businesses in these sectors with a property that has a rateable value of up to £15,000 will receive a grant of £10,000. Eligible businesses and premises in these sectors with a property that has a rateable value of between £15,001 and £51,000 will receive a grant of £25,000. Businesses with a rateable value of over £51,000 are not included in this scheme. For more information please visit gov.uk. Business rates In England, as announced on Monday 16 March, the government will provide a business rates holiday for businesses and premises in the retail, hospitality and/or leisure sector. This includes the businesses and premises in scope for closure listed above. This will apply automatically to your next business rates bill in April 2020. For more information please visit gov.uk. Further information This guidance will be updated regularly as the situation develops. For information about support for business, please go to the Government’s Business Support webpage or visit gov.uk. March 2020 Ministry of Housing, Communities and Local Government What is the penalty if businesses defy the law? An unlimited fine can be imposed on the business and any officer of the company who has consented or connived etc. so keeping the business open (regulation 3). There are, however, other powers available to local authorities who are in charge of policing compliance with these regulations. Businesses that breach them will be subject to prohibition notices, and potentially unlimited fines. As a further measure, and if needed, businesses that fail to comply could also face the loss of their alcohol license. More draconian powers are also available under the Public Health (Control of Disease) Act 1984, and further powers will soon be law when the Coronavirus Bill becomes law. In some cases, injunctive relief may be granted, the breach of which could be punished by up to 2 years imprisonment. There are also reputational issues that need to be considered. We can advise on all aspects of criminal and regulatory law, if any business is uncertain as to its legal obligations during this worrying time, please do not hesitate to get in touch with us. 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. Ashmans Solicitors
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Review Of The Parole Board3/22/2020 The Parole Board is an independent body that carries out risk assessments on prisoners serving certain sentences to determine whether they can be safely released into the community. When a person is considered to be fit for release it means that their risk has been reduced to a level where it is low enough to be effectively managed in the community, not that they pose no risk at all.
Last year the Parole Board decided that the so-called ‘black cab rapist’, John Worboys, was fit for release. Various challenges were made to the decision and it was subsequently overturned by the High Court, and he remains in prison. As a result of that case the Parole Board system was reviewed, following the review there was a public consultation on further reforms. The government have now reported on the outcome of the further review and announced various changes to be introduced. Fraud Solicitors London Reconsideration mechanism The main change is to create a new reconsideration mechanism. A model has been developed for how this should operate, and it will apply where it appears the decision is legally flawed or meets judicial review type criteria. A victim liaison officer will advise victims on how the process operates and the timescales involved. The representations will be made to the Public Protection Casework Section so there will be no need for court proceedings, thereby reducing the cost considerably. The PPCS will then refer appropriate applications to the Parole Board for reconsideration. Prisoners will also be able to apply for reconsideration if they believe a decision not to release them was flawed. These applications will be made directly to the Parole Board. Fraud Defence Solicitors London Victims A Victim Contact Scheme is to be rolled out to a wider range of victims with an aim to improve victim engagement and communication. Victims will be provided with information on the sentence, how it operates and when a prisoner is likely to be considered for release. A victim can make representations to be considered by the Board for licence conditions and will be told the extent to which the representations were considered, and a decision summary can also be requested. A Victim Personal Statement can be produced, and the Victims’ Code will contain a presumption that those who wish to read out their VPS can do so unless there is good reason not to, such as safety or security issues. A victim will also be able to request that their VPS is not disclosed to the offender. Transparency and openness The Parole Board will publish a series of Standard Practice guidance to provide clear and public information about what sort of information and factors are taken into account in decision making. Consideration was given to allowing public access to hearings; this is not to be allowed due to the privacy, security and practical barriers as the hearings are held in prisons. Evidence requirements Standard Directions on evidence will be published to make clear the standard requirements for parole cases, and the requirements for a “core dossier” will be set out. New rules on service and transmission of evidence will be introduced along with new timescales. Crucially, guidance has now been issued outlining how wider alleged offending can be taken into account. This means that offences that haven’t resulted in conviction can, for the first time, be considered. Quality assurance A tailored review (see below) will look at statutory options which could include the creation of quality assurance or inspectorate style functions. Training will take place for members on how to deal with un-convicted offences, and there will be mandatory training on effective questioning skills. Efficiency and effectiveness Measures are planned to ensure cases are processed and concluded in a robust and timely way. A new Policy Framework will implement identified improvements to timescales, and the Standard Practice guidance will clarify the procedures and processes to follow. What happens now? Some of these measures are already being introduced and others are expected over the coming months. A Tailored Review of the Parole Board will now take place to consider whether there is a case for further, more fundamental, reforms. This will include considering whether the Parole Board should be reconstituted to become a judge-led tribunal and whether the powers or responsibilities conferred on the Board should be changed. How can we help? If you would like to discuss any aspect of your case, or how your sentence may be affected by this review, please contact Ashmans Solicitors 03330096275 Alternatively email us [email protected]
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Trail Delays3/17/2020 A defendant has the right to a fair trial within a reasonable time. In exceptional cases, a delay will lead to a stay of proceedings as an abuse of process.
A stay of proceedings is an extremely rare outcome, with the Court of Appeal making the following observation in R v PS [2013] EWCA Crim 992: "The courts have decided that even very considerable delays in bringing prosecutions can, save exceptionally, be managed in the trial process." A prolonged delay between the commission of the alleged offence and the complaint leading to trial is capable of leading to forensic disadvantages and an unfair trial process. In cases in which there has been a significant delay, the jury needs to be directed on the relevance of that delay including the impact on the preparation and conduct of the defence and the relationship with the burden of proof. Such a direction is only required where the potential difficulty arising from delay is significant and becomes apparent in the course of the trial or where it is necessary to be even handed between the accused and complainant. Whether a direction on delay is to be given and the way in which it is formulated will depend on the facts of the case. Driving offence solicitors London Directing the jury Where there has been a substantial delay between the alleged offence(s) and the current criminal proceedings, it will probably be necessary to give specific jury directions, tailored to the individual case. The following factors will need to be considered in relation to witnesses ("W") and defendants ("D"): (1) The passage of time is bound to have affected the memories of the witnesses. (2) A person describing events long ago will be less able to remember exactly when they happened, the order in which they happened or the details of what happened than they would if the events had occurred more recently. (3) A person's memory may play tricks, leading them genuinely to believe that something happened (to him/her) long ago when it did not. This will only arise in the rare case where it is suggested W suffers from Recovered Memory Syndrome, and expert evidence must always be called on this point. (4) The jury must therefore consider carefully whether the passage of time has made the evidence about the important events given by any of the witnesses concerned less reliable than it might otherwise have been because (depending on the evidence in the particular case) they cannot now remember particular details / they claim to remember events in unlikely detail/their memories appear to have improved with time. (5) The passage of time may also have put D at a serious disadvantage. For example (again depending on the evidence in the particular case): (a) D may not now be able to remember details which could have helped his/her defence. (b) Because, after all this time, W has not been able to state exactly when or where D committed the crimes of which D is accused, D has not been able to put forward defences, such as showing that he/she could not have been present at particular places at particular times, which D may have been able to put forward but for the delay. (c) D has not been able to call witnesses who could have helped his/her defence because they have died / cannot now be traced / cannot now remember what happened. (d) D has not been able to produce documents which could have helped his/her defence because they have been lost/destroyed/cannot be traced. (6) [If appropriate]: The fact/s that (a) D is of good character or (b) No other similar allegations have been made in the time that has passed since the events alleged is/are to be taken into account in D's favour. The jury should take all these matters into account when considering whether the prosecution has been able to prove, so that the jury are sure about it, that D is guilty. Motoring Offence Solicitors London Conclusion It can be seen that the issue of delay raises a large number of trial issues that need to be appropriately addressed. Our lawyers will always ensure that any disadvantages are mitigated. Fraud Solicitors London 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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Intermediaries3/12/2020 The use of intermediaries during criminal trials is becoming increasingly commonplace. An intermediary may be used to assist any witness, including a defendant, give evidence.
The functions of an intermediary "Intermediaries are communication specialists (not supporters or expert witnesses) whose role is to facilitate communication between the witness and the court, including the advocates. Intermediaries are independent of the parties and owe their duty to the court." Fraud Solicitors London Directing the Jury At the trial, before the witness or defendant gives evidence, the judge should explain to the jury the following: (1) The need for an intermediary: e.g. by identifying the problems arising from the age or other difficulties of the defendant or witness. (2) The purpose of an intermediary: which is to assist in communication, among other things by helping advocates to ask questions in a way the defendant or witness can understand and/or assisting the defendant or witness to communicate his/her answers to the jury. (3) The intermediary is independent of the parties, is present only to assist communication and is not a witness and so is not permitted to give evidence. (4) The use of the intermediary must not affect the jury's assessment of the evidence of the defendant or witness and is no reflection on the defendant or witness. (5) If the defendant elects to give evidence, it may be appropriate at this point to give more detail of any difficulties the defendant has, if those difficulties may affect the perception of the jury of the defendant's evidence. Fraud Solicitors in London Assisting a Defendant The current provisions concerning intermediaries are very much stacked in favour of assistance for prosecution witnesses, but case law makes it very clear that defendants are entitled to equal treatment. Recent case law (e.g. Dean Thomas [2020] EWCA Crim 117) has placed further hurdles in the way of defendants seeking assistance, but we will always ensure that the legal rights of those we represent are fully protected. Giving evidence is daunting for most people, but particularly so for defendants facing the considerable pressure of being accused of an offence that they deny. You can be assured that we will always act to enable you to present the best evidence possible. 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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Criminal Justice and Coronavirus3/11/2020 As the UK prepares to move into the 'delay phase', changes are expected to criminal justice procedure. So, what might be expected to change?
Criminal Investigations In the event of any public disorder, work on low priority criminal investigations may slow or stall entirely as police resources are diverted elsewhere. Most police custody suites hold relatively few individuals and they are generally not held in close proximity, so this should not present any particular difficulties for policing. If police officers are off sick, capacity may be affected, and this again may impact on police work volumes. Precautions already in place, such as not shaking hands and being extra vigilant to observe basic hygiene rules are likely to be emphasised. Leeds Criminal Lawyers Criminal Proceedings Some criminal processes can be changed by way of secondary legislation, so it is possible that custody time limits which regulate the maximum period a person can be held in custody, might be lengthened (The Prosecution of Offences (Custody Time Limits) Regulations 1987). Other processes will need to be changed by way of emergency legislation. The Civil Contingencies Act 2004 does not permit changes to 'criminal proceedings'. The term 'criminal proceedings' is not defined in the Act and has been the subject of intense discussion in the past (concerning terrorist provisions), but would likely be interpreted as being the point from charge. Therefore, it is likely that the government will have to introduce further emergency legislation to deal with changes to video-link arrangements and case management, particularly as the use of juries may become too high a risk. We are however unlikely to see the equivalent of 'Diplock Courts' (trial by Judge alone). Solicitors In Sheffield Prisons Prisoners are held in a large population at close quarters, and this makes the prison estate a high-risk area for the spread of infection. The absence of prison staff due to illness will increase pressures further and may leave some prisons too challenging to manage. The Secretary of State already has powers that would allow for the early release of prisoners, and this may need to happen, no matter how politically unattractive this may seem. We will have to wait and see what proposals emerge as the coronavirus spread continues. Be assured, however, that at the forefront of our thinking will be safeguarding of fundamental rights, and we will not hesitate to challenge any processes that threaten to weaken these. 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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Circumstantial Evidence3/5/2020 Circumstantial evidence is widely misunderstood, and many people cannot understand how a case can be advanced without primary evidence of wrongdoing.
To illustrate this, we can use two examples relating to burglary. Burglary can be committed in quite a few different ways, but the most common allegation is that a person entered a building as a trespasser and stole something that did not belong to them. Scenario 1: David breaks into a home; he is seen by a neighbour who calls the police. When the police arrive they arrest David inside the house, he has jewellery in his bag and was intent on stealing more valuables. This is a classic case of burglary, with direct evidence of David being in the property and having stolen something. Scenario 2: A neighbour hears a house alarm and goes to investigate. Upon seeing a man (David) acting suspiciously further down the street, the neighbour apprehends the man. When the police arrive, they discover that David has jewellery, which is traced back to a local house that has been burgled. Solicitors in Huddersfield In this case, there is no direct evidence that David entered the property, which is a vital element of the offence of burglary. However, his presence in the vicinity and possession of the stolen property (referred to as 'recent possession' in law) is strong circumstantial evidence of David having entered the property. How otherwise did he come into possession of the jewellery (there may be other reasons, but that will be something for David to explain when interviewed by the police). Fleet St Solicitors In law, circumstantial evidence can be explained in this way: "A circumstantial case is one which depends for its cogency on the unlikelihood of coincidence: circumstantial evidence works by cumulatively, in geometrical progression, eliminating other possibilities". The prosecution seeks to prove separate events and circumstances which can be explained rationally only by the guilt of the defendant. Those circumstances can include opportunity, proximity to the critical events, communications between participants, scientific evidence and motive. Fraud Solicitors London The subsequent conduct of the defendant may also furnish evidence of guilt, for example evidence of flight, fabrication or suppression of evidence, telling lies or unexplained possession of recently stolen property." The question for the jury is whether the facts as they find them to be drive them to the conclusion, so that they are sure, that the defendant is guilty (McGreevy v DPP [1973] 1 WLR 276). Some degree of caution must however be exercised. It has been held that circumstantial evidence must always be: "...narrowly examined, if only because evidence of this kind may be fabricated to cast suspicion on another. …It is also necessary before drawing the inference of the accused's guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference." (Teper [1952] UKPC 15). Teper and McGreevy were considered in Kelly [2015] EWCA Crim 817 in which Pitchford LJ said: "The risk of injustice that a circumstantial evidence direction is designed to confront is that (1) speculation might become a substitute for the drawing of a sure inference of guilt and (2) the jury will neglect to take account of evidence that, if accepted, tends to diminish or even to exclude the inference of guilt. However, as the House of Lords explained in McGreevy, circumstantial evidence does not fall into any special category that requires a special direction as to the burden and standard of proof. The ultimate question for the jury is the same whether the evidence is direct or indirect: Has the prosecution proved upon all the evidence so that the jury is sure that the defendant is guilty? It is the task of the trial judge to consider how best to assist the jury to reach a true verdict according to the evidence." Conclusion As can be seen from the above analysis, circumstantial evidence can be powerful and compelling evidence against a person accused of criminal activity, but it must always be analysed with the utmost care. As experts in criminal law, we are acutely aware of the dangers of circumstantial evidence and take care to ensure its relevance is appropriately understood and not overestimated. 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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Many professionals are held by their regulators to a higher standard than other members of the public. Conduct which may fall well short of being criminal in nature may nonetheless excite the interest of a regulator, with the potential for censure.
In the most recent case of Diggins v Bar Standards Board [2020] EWHC 467 (Admin), a barrister failed in his challenge to a sanction being imposed in respect to an unpleasant social media post. Solicitors Sheffield No ‘second bite of the cherry’ The court emphasised that an appeal was not a de novo exercise, allowing for another chance to litigate the same points in the hope of a different finding. The court held: "There is another strand to the self-restraint required of an appeal court that is relevant here. This is an appeal against a professional disciplinary Panel. Where the Court considers on appeal a decision of a profession's regulatory or disciplinary body it: "...will place weight on the expertise brought to bear in evaluating how best the needs of the profession and the public should be protected" (Council for the Regulation of Healthcare Professionals v General Medical Council [2005] EWCA Civ 1356 [2005] 1 WLR 717 [78]). In the context of sanctions imposed by regulators of the legal profession, the Court will keep in mind that the tribunal ".. comprises an expert and informed tribunal, which is particularly well placed in any case to assess what measures are J required to deal with defaulting solicitors and to protect the public interest. Absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal. Nevertheless if the High Court, despite paying such respect, is satisfied that the sentencing decision was clearly inappropriate, then the court will interfere."" This part of the judgment is a salutary reminder that it is all essential to get things right at the first hearing. Any professional faces regulatory proceedings should take particular care to ensure that the solicitors and barristers instructed are sufficiently expert in this field of law. Leeds Solicitors in Criminal Law Right to a private life? The central ground of challenge was that the regulator had no jurisdiction to deal with disputes of this nature, with Diggins arguing that: "...participation in a "twitter spat" was an aspect of his private life which, on the proper interpretation of the BSB's own rules and guidance and/or as a matter of human rights law, falls wholly outside the proper scope of professional regulation" The court empahsised that the regulators own guidance makes very clear that transgressions in a professional's private life may be considered. The court went on to reject a large number of ECHR human rights challenges. Rather tellingly the court held: "...[caselaw does not] provide any support for the further argument advanced to me by the appellant, that the Panel could not properly find against him because “Twitter is famously rude and offensive and complaining of that is like going to a Motorhead concert and complaining it is too loud”. It is a notorious fact that many on Twitter use rude and offensive language, indeed that some engage in harassment of others, or wounding “pile-ons”. But I have no evidence, nor is it a matter of common knowledge, that everybody on Twitter behaves in these ways. Even if that was so, a descriptive norm of that kind could not confer a right on any individual user to post rude or offensive messages. If the argument is that every Twitter user makes a voluntary submission to behaviour of that kind, no such argument was advanced below, and I consider it to be untenable. I see no evidential or other basis for concluding that all Twitter users consent to being treated abusively or offensively." Conclusion In all probability, we have not seen the last of these challenges to the jurisdiction of a regulator to police behaviour of this type. It is, however, becoming quite clear that the courts appear to take little issue with the regulatory approach, and all professionals would be wise to reflect on how they interact on social media and other platforms. If you are facing proceedings relating to professional conduct and regulation our team are here, ready to assist. 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. Dewsbury Solicitors |