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Offences Related To State Benefit11/27/2020 There are two main offences that are prosecuted in relation to benefit fraud, one involves dishonesty, the other does not.
The dishonesty offence It is an offence to dishonestly make a representation in order to obtain benefit, and this includes a dishonest failure to promptly notify a change in circumstances as well as making a claim that is dishonest from the outset. False accusations dwp. The offence absent dishonesty 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 actually mean? The following definitions are given: Dishonesty - has its normal meaning in criminal offences, although the lesser offence does not require dishonesty it 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 a dishonesty related offence. Change in circumstances – there must be proof that the offender knew there was a change of circumstances and that the change would have affected a change in benefit. Changes in circumstance could include starting to live with a partner, gaining employment or a change in finances. 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. What is the likely sentence? The non-dishonesty 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 and carries a maximum of seven years imprisonment. The main factors for consideration in sentencing will be the length of time of the overpayment, the value of benefits overpaid, and 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. How can we help? Prosecutions for benefit offences frequently generate vast quantities of paperwork. We have a great deal of experience in considering such evidence, and our involvement may mean a lesser value is given to the overpayment which can have a direct impact on the potential sentence. We can also assess any possible defences that may be available to you. Expert advice is crucial if you would like to discuss any aspect of your case, please contact Ashmans Solicitors
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Met makes further EncroChat arrest in Wales11/26/2020 Officers from the Met, with support from colleagues from South Wales Police, arrested a man in South Wales on the morning of Tuesday, 24 November.
The arrest was part of Operation Eternal, the Met’s operation that feeds into the national Operation Venetic led by the National Crime Agency (NCA) to tackle crimes being committed on encrypted mobile phones. A 32-year-old man was arrested on suspicion of being concerned in the supply of Class A drugs. The arrest took place on Wyverne Road in Cathays, at around 10:00hrs. He has since been further arrested for firearms offences and conspiracy to murder. He remains in police custody. Detective Chief Inspector Driss Hayoukane, from the Met’s Specialist Crime Command, said: “Our pursuit of criminals using encrypted devices to try and hide their illicit activities has not let up. We are still following investigative leads and arresting those we believe are breaking the law. “Working with colleagues across the United Kingdom, no criminal is beyond the reach of UK law enforcement.” (source) Do you think you may be caught in the Encro net ? Can the Encro evidence be used against you ?
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More Encrochat Arrests11/18/2020 Specialist officers have this morning made seven arrests and seized cash and a suspected firearm at addresses in east London and Essex. The activity is linked to Operation Eternal, the Met’s investigation to counter the use of encrypted devices by criminals to avoid detection. Operation Eternal is the Met’s investigation name for its involvement in Operation Venetic, led by the National Crime Agency. The warrants in Redbridge and Havering were carried out in the early hours of this morning, Wednesday, 18 November by the Met’s Specialist Crime Proactive Hub, aided by the Territorial Support Group. At the same time, searches were carried out at addresses in Essex. The warrants relate to an investigation into people who thought their criminality was hidden behind security devices to distribute messages and images in order to carry out their crimes Images are used by the criminals to show the illicit items and the one attached shows what is attributed to be a 1 kilogram block of cocaine. The investigation relates to EncroChat, which was one of the largest providers of encrypted communications and offered a secure mobile phone instant messaging service, but an international law enforcement team cracked the company’s encryption. On 13 June 2020, EncroChat realised the platform had been penetrated and sent a message to its users urging them to throw away their handsets. The phones – which have pre-loaded apps for instant messaging, have a kill code which wipes them remotely – have no other conventional smart phone functionality and cost around £1,500 for a six-month contract. As a result on the investigation on Tuesday, 17 November, police arrested a man in Maldon, Essex, on suspicion of directing the supply of drugs into east London and Essex between April and September 2020. Also seized at the time of the arrest was a knife that is also suspected to be a stun-gun. The 52 year-old man [A] is currently being questioned by detectives and following the arrest, a residential property was searched in Liverpool In addition, other addresses in east London and Essex, believed to be linked to the organised crime group, were searched today (18.11.2020) as police sought further evidence of drugs supply. At an address in Havering, a 40-year-old man [B] was arrested on suspicion of possession of criminal property and cash, believed to be in excess of £100,000, was seized. Three addresses in Ilford that were searched resulted in three arrests. At one a 46-year-old-man [C] was arrested on suspicion of conspiracy to supply controlled drugs. A suspected firearm was also found in the search, this awaits forensic examination. At the second address a 48-year-old woman [D] was arrested on suspicion of possession of criminal property and about £6,500 in cash was seized. At a third Ilford address, officers executed a search warrant and arrested a 45 year-old man [H] on suspicion of possession of drugs with intent to supply. At an address in Grays, Essex, two 18-year-old men [E] and [F] were arrested on suspicion of conspiracy to supply controlled drugs. At another Grays, Essex, address a 23-year-old man [G] was arrested on suspicion of cultivation of cannabis. Lastly at an address in Clacton-on-Sea, Essex, police executed a search warrant and discovered a cannabis factory. There were no occupants or arrests. Currently, as a result of the operation, eight people have been arrested. Police continue to identify other subjects concerned in the supply of drugs and offences under the proceeds of crime act. Detective Inspector Niall McSheffrey, from the Specialist Crime Command, said: “The action taken today demonstrates the Met’s continued fight to tackle serious and organised crime. The extent of this organised crime group’s criminality is clear from the messages and images on the encrypted devices. I hope today’s activity sends a clear message to criminals that they have nowhere to hide.” “The National Crime Agency played a key role combatting encrypted communications through Operation Venetic and due to extensive and thorough investigations a number of EncroChat users have been found.” (source)
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A teenager who raped an 18-year-old woman in Peckham has been given a custodial sentence. Tamoy Bailey, 18 (20.09.2002) of Hastings Close, Peckham, SE15, was sentenced on Monday, 9 November after he was convicted of rape and false imprisonment following a trial at Inner London Crown Court. Do you need to speak with rape solicitors. Bailey, who was aged 16 at the time, carried out the attack at an address in Peckham on 31 March 2019 after meeting the then 18-year-old victim earlier that day. The woman was asked to go to the house and when she got there, Bailey locked her in the bathroom and subjected her to verbal abuse before raping her. He also threatened her with a knife and said he would stab her if she did not have sex with him. After the attack, the woman managed to leave the address and get to safety, where she immediately called police to report the attack. Bailey was arrested on Tuesday, 2 April and charged with rape and false imprisonment, all relating to the same 18-year-old victim. Judge Donne sentenced him to a five-year custodial sentence with a two year parole extension due to the danger he poses to potential victims. He was given three year sentence to run concurrently in relation to the false imprisonment. Judge Donne said, “The victim pleaded with you stop, and you replied, ‘Do I look as if I care?’ This exemplified your attitude towards her. You did not care about her, you wanted sex and were willing to do what was necessary to obtain it.” He also stated that Bailey represented a “significant risk of harm to the public.” Detective Constable Jake Good, of the Met’s Central South safeguarding team, said: “Bailey is a violent sexual offender and an ongoing risk to women. He was arrogant in the extreme and thought he could get away with raping this young woman. “I hope this result and the sentencing brings her some degree of comfort. Importantly, I would like to recognise her dignity while confronting the trauma he put her through, in addition to the stress of the court proceedings.” (source) Falsely accused of sexual assault ? find out more
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So in the UK we have had for a time a rule of 6 and you could have 15 people at a wedding. However people have been blatantly breaking this rule on many occasions. Some others have be very creative with solutions as to keep others safe and also not breaking the law.
Indian families are well know for their lavish and large weddings and with the Indian wedding season just starting will the situation get worse? typical the Indian wedding season takes place from October to December. There are different months of the year for the wedding season dependant on what part of Indian you live or come from. Weddings And Covid 19 A wedding that took place in mid-June, and was attended by more than 300 guests in the city of Patna, in the northeastern state of Bihar, according to relatives who were there. The groom himself fell ill at the wedding and apparently was unwell even before the marriage. However his parents insisted that he attended the wedding. It turns out that he was unwell due to having the Coronavirus himself. It was later discovered that over 100 of the guests also contracted covid 19. This sparked a major investigation from the Indian authorities as conflicting stories as some family members insist he wasn’t unwell before the event. court attendance during covid Drive In Wedding A couple got around Covid-19 restrictions by staging a "drive-in wedding" in front of about 250 guests. Roma Popat and Vinal Patel tied the knot at Braxted Park, near Witham, Essex, as people watched the ceremony from their cars on big screens outside. The 30-year-old newlyweds then waved at friends and family during a golf buggy tour of the grounds. Guests were given hampers of snacks and hand gel, and could use a website to order food, delivered by waiters. (source) Breaking The Law UK Weddings Two men have been reported for consideration of a fine after hosting a wedding party in a restaurant in west London with approximately 100 guests. At 19:07hrs on Sunday, 1 November, officers were called to the Chaudhry’s TKC venue in Southall, following a report of a large wedding inside. After arriving on scene, one of the event organisers attempted to convince officers that there was only a wedding party of 15 people. However, behind a curtained off rear room, officers discovered a large reception gathering of approximately 100 attendees celebrating a wedding. Officers explained to the organisers that the gathering was in clear breach of the Coronavirus regulations. Under the regulations wedding ceremonies and sit-down receptions are only permitted to have 15 attendees. The event was shut down. Chief Superintendent Peter Gardner, BCU Commander for the West Area, said: “We are still in a national pandemic and infection rates are steadily rising - restrictions around weddings have been put in place to save lives. “Coronavirus remains a real and deadly threat and more officers will be deployed in every borough to help keep people safe. They will patrol public spaces and will respond swiftly to incidents where groups gather in large numbers. “It is very clear that the police cannot control the spread of the virus through enforcement alone, and we need Londoners to work with us. Therefore, please continue to act responsibly. Maintain social distancing, respect the new regulations and guidance, and help keep yourself, your friends and family safe.” (source) Wedding Venue Owner Fined £10,000 The owner of an event venue in west London has been reported for consideration of a £10,000 fixed penalty notice, after they allowed a wedding reception to go ahead that attracted more than 100 people. Officers from the Met Police were called to the Tudor Rose in Southall shortly after 6.30pm on Tuesday, 13 October. After arriving on scene, it was clear to officers that a high number of people had crowded into the venue to celebrate a wedding. This was in clear breach of the regulations, which have been put in place by the Government to protect people from Coronavirus. As officers walked through the venue, they saw no clear evidence that guests were maintaining social distancing, nor were guests taking any reasonable steps to protect others and prevent transmitting the virus. Under current regulations, weddings are permitted, however, guest numbers are limited to 15 persons. Likewise, the venue must adhere to strict COVID Secure guidelines in order to keep people safe. In clear breach of these regulations, officers dispersed a large number of the guests to ensure numbers complied with the law. After considering the risk, senior officers decided to report the owner of the venue for consideration of a £10,000 fixed penalty notice. BCU Commander, Chief Superintendent Peter Gardner, said: “This was a dangerous and foolish breach of the regulations, which have been designed specifically to keep people safe from transmitting a deadly virus. Restrictions on large gatherings, such as weddings, have been in place for months and quite frankly there can be no excuse for this flagrant violation of the law. “There was clearly no attempt by the venue owner to enforce the regulations or keep their patrons safe – it is for this reason we have reported them for a £10,000 fine. “Everyone has a responsibility to keep themselves, and their families, safe from Coronavirus. As cases of Coronavirus rise across London, officers throughout the Met will be redoubling our efforts to clamp down on those individuals and businesses who breach the regulations and put themselves, and others at risk.” (source) Old Kent Road Wedding Shut Down Over 250 Guests A wedding, attended by an estimated 250 guests, in flagrant breach of COVID regulations, was shut down by police. Officers were first called to the venue on Old Kent Road at 20:20hrs on Sunday, 18 October, after concerned residents suspected the address was being burgled. It appeared that those attending the ceremony had closed the shutters at the front of the venue, in an attempt to mask the celebration. At the scene, police dispersed the crowds. Two people at the event were advised that they had been reported for consideration of a fixed penalty notice. The reports will be considered by a dedicated crime team who will assess the breach in line with the legislation. Detective Superintendent Nicky Arrowsmith, said: “This event was a blatant breach of the regulations and could have been a breeding ground for transmitting the virus. There were over 200 people inside, no social distancing and indeed no attempts to make the venue COVID secure, in line with the Government guidelines. “The guidelines are there for a reason, to keep people safe. “Being reported for a fine is clearly not a wedding present people would be expecting, however as this was such a flagrant breach of the regulations, it was entirely necessary. “Officers across the Met will continue our efforts to keep London safe by shutting down those events which deliberately and dangerously put people’s health at risk. “If you are planning a wedding this weekend please make sure it falls within the current regulations.” (source) What happens if you can't attend court due to illness ? |