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August 2023
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Price and service transparency11/2/2019 As of 6 December 2018, law firms are required to publish information about certain price, service and regulatory matters.
Who needs to publish information? An authorised firm or a sole practitioner must publish cost information on its website (or it must be available by request if there is no website). The requirement arises whenever a firm publishes that certain services are available (see below). What is cost information? Put simply it is the price of services. Why is this being done? The requirement is to ensure there is transparency and that a potential client can obtain information on cost without a formal appointment. Does it cover all fees? Only cost information on certain services needs to be provided. For individual clients, these are: • Residential conveyancing • Administration of an estate • Immigration (excluding asylum appeals) • Motoring offences (cases dealt with in a single hearing at the Magistrates Court) • Employment tribunal (advice and representation to employees for claims for unfair or wrongful dismissal) For businesses, the services requiring cost information are: • Employment tribunal • Debt recovery • Licensing applications The information must not be misleading or inaccurate; additional charges must be clearly expressed, as should the inclusion or otherwise of VAT. The information must be in a prominent place on the website and be clear and accessible. Is there anything else that has to be said? The experience and qualifications of anyone carrying out the work have to be stated, in a general way, this does not mean that individuals have to be named. For each heading of work listed above certain information has to be provided, particular to the area of law. Firms also need to make sure the detail of its complaints procedure is published along with their regulatory information. This would include the Solicitors Regulatory Authority number and (from next year) the SRA digital badge. How can we help? We have published cost information on our website (Motoring Defence Fees) to allow you to make comparisons should you wish to do so. If you would like a tailored estimate or to discuss any aspect of your case, please contact Criminal Solicitors in Leeds This article is intended as a brief overview of the new requirements, if you have any questions please do contact the office. Ashmans Solicitors – Park Square East, LeedsTel: 03330096275 Email: [email protected] Leeds OfficeBy Appointment Only 9 Park Square East Leeds West Yorkshire LS1 2LH United Kingdom
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Firearms - Sentencing Reform11/2/2019 The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences. At the moment, guidance is to be found only in case law, and this can lead to a challenging sentencing exercise.
The purpose of the guideline is to provide consistency in sentencing, and the impact assessment does not suggest that any general increase in sentences is to be expected, although in many instances the Sentencing Council was met with a weak evidence base to evaluate this one way or the other. If consistency is achieved, you would expect some sentences to increase, and some decrease, but overall average sentence lengths to be broadly level. However, experience with some other guidelines does suggest that sentence length may creep upwards. Overall, we would expect it to be easier to predict the likely sentence that a person might receive on a plea or after trial. One interesting observation is concerning statutory minimum sentences for some offences: "The Council was surprised to note that exceptional circumstances were being found in around two thirds of disguised weapons cases (section 5(1A)(a)) which appeared to run counter to the principle that in order to justify the disapplication of the five year minimum, the circumstances of the case must be truly exceptional." The Council, therefore, felt that: "Setting out the principles in a guideline is likely to lead to them being more consistently applied, which in turn could lead to exceptional circumstances being found in fewer cases." It was also noted that recent changes to Crown Prosecution Service charging guidance for some firearms offences would in itself lead to fewer mandatory sentence cases being prosecuted. Which offences will the new guideline cover? Eight guidelines will cover the following offences in the Firearms Act 1968: · Possession, purchase or acquisition of a prohibited weapon or ammunition · Possession, purchase or acquisition of a firearm/ammunition/shotgun without a certificate · Possession of a firearm or ammunition by person with previous convictions prohibited from possessing a firearm or ammunition · Carrying a firearm in a public place · Possession of firearm with intent to endanger life · Possession of firearm or imitation firearm with intent to cause fear of violence · Use of firearm or imitation firearm to resist arrest/possession of firearm or imitation firearm while committing a Schedule 1 offence/carrying firearm or imitation firearm with criminal · Manufacture/sell or transfer/possess for sale or transfer/purchase or acquire for sale or transfer prohibited weapon or ammunition. The consultation runs until mid-January, so it is likely to be Summer 2020 before any new guidelines take effect, but that is not to say that some judges will not have them in mind before then. How we can assist If you need specialist advice in relation to any criminal investigation or prosecution, then get in touch with Ashmans Solicitors Dewsbury and let us help. We can advise on all aspects of your case. Length Of Sentencing
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Acid Attacks - New Laws in Force11/2/2019 After a recent spate of assaults involving the use of acids and other corrosive substances, the government has acted to try and curb their use. At the present time around 15 offences per week involve the use of acid and other like substances.
In January 2018, the Home Office announced a voluntary agreement with a number of major retailers in which they made commitments about the responsible sales of corrosive substances including not selling products containing the most harmful substances to under 18s. The agreement was developed with the British Retail Consortium and also tested with thecAssociation of Convenience Stores and the British Independent Retailers Association to ensure that the commitments were proportionate and worked in the retail environment. The major retailers who have signed up to the commitments are: Wickes, Screwfix, B&Q, Wilko, Waitrose, John Lewis, Tesco, the Co-op, Morrisons, Aldi UK, Lakeland, Asda and Homebase. Recent developments On 1st November 2018 new legislation came in to force to strengthen further the controls against possessing corrosive substances. There are controls in the Poisons Act 1972 on corrosive substances that can be used as poisons or as explosives precursors. Although this legislation is not designed to limit access to corrosive substances used to assault people, its impact is to restrict access to some of the most harmful substances of concern. Parliament has enacted a statutory instrument which makes sulphuric acid a regulated explosives precursor above a concentration level of 15%. The effect of this will mean that members of the public will require a licence from the Home Office to be able to import, acquire, possess or use sulphuric acid. What is the penalty for breaching this law? If found guilty, the offence carries a maximum sentence of 2 years' imprisonment. Criminal Solicitors Leeds How can we help? The law is complicated and the potential consequences severe, for expert advice, please contact Tel: 03330096275 Email: [email protected] Domestic Abuse Sentencing
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[email protected] – or call us on 0333 009 6275On Monday the government unveiled its new strategy to tackle domestic abuse. This follows a consultation exercise carried out last year which drew over 3,000 responses.
The new measures are:
Criminal Solicitors Dewsbury While we will have to await the passage of the bill through parliament to see the final package, one thing of particular note to us as criminal lawyers is the proposal to create a Domestic Abuse Protection Notice and Domestic Abuse Protection Order. This will be based on the existing regime for criminal behaviour orders (formerly known as ASBOs). Breach of these orders will carry imprisonment of up to 5 years. While the existing legislative provisions could be used in the context of domestic violence, they rarely are. What we have seen over the years is the specific tailoring of the framework to meet particular problems (in terrorism and trafficking for example). We can, therefore, expect the effect of these orders to impact quickly, resulting in stiff prison sentences for those who breach them. The government estimates that hundreds more offenders may face imprisonment each year. We do however foresee some real problems. Domestic abuse is a particularly complex societal problem, relationships are often problematic and rocky, and it is possible that breach will be used as a 'weapon' against many defendants. It will, therefore, be imperative to ensure that recipients of these orders understand the severe impacts and consequences that will follow. It will also be essential to ensure that orders are only made in appropriate cases. As a firm, we closely monitor all legislative developments and will keep you updated as the bill progresses through parliament. How can we help? Cases of alleged domestic violence are important and sensitive cases to deal with. Our specialist lawyers can advise you on whether you have a defence, and help you put that defence forward, advising on prospects of success and navigating a successful path through the long and stressful court process. This is only a general overview of the law. For in-depth advice, call Ashmans Solicitors now to get in touch and discuss your case. [email protected] – or call us on 0333 009 6275 Solicitors Dewsbury |