What Are The Requirements Of The New HMO Regulations
It is an offence to let a HMO without a licence. If you do so, the Local Housing Authority will have two options. The first will be to impose a civil penalty of up to £30,000 under section 249A of the Housing Act 2004. The other option open to the Local Housing Authority is to pursue a prosecution against you under section 72 of the Housing Act 2004.
POSTED: Friday, September 28, 2018
Success in Vacation of Plea application
If you have entered a plea of Guilty and feel that you were not truly admitting your guilt or that there was a problem in the procedure leading up to the entering of the plea you may have ground to vacate your guilty plea.
POSTED: Wednesday, September 5, 2018
Success in significant financial reduction in Proceeds of Crime Act case
Quentin put forward a good defence to the claim by the prosecution leading to the prosecution entering into negotiation with the defence and eventually brokering a settlement on behalf of his client of £141,000, an enormous reduction from the £1.12M initially claimed.
POSTED: Thursday, August 23, 2018
Perverting the course of justice
Defendants who are otherwise law abiding people get caught out telling stupid lies to the Police and Courts without realising the dire consequences of getting caught.
POSTED: Monday, July 2, 2018
New Test of Dishonesty
In the New Test of Dishonesty the defendant can no longer use his own standards or what he understands the standards of society to be as a defence.
POSTED: Monday, June 11, 2018
Unexplained Wealth Orders explained
The Unexplained Wealth Order (UWO) is a tool designed to help enforcement agencies tackle the longstanding issue of unexplained wealth in the UK. This has been recently highlighted in the media in recent press articles and fictionalised television series such as McMafia.
POSTED: Monday, May 14, 2018
Are you GDPR ready? Take the quiz
GDPR comes into effect on 25 May 2018. Test your understanding of your GDPR and Data Protection responsibilities
POSTED: Thursday, May 3, 2018
Breach of s33 Environmental Protection Act 1990
Section 33 is one of the most prosecuted offences under the of the Environmental Protection Act 1990, it covers all manner of depositing of waste from small scale ‘fly tipping’ to industrial scale waste disposal.
POSTED: Friday, March 2, 2018
Dramatic rise in recorded rape cases explained
As the black cab rapist John Worboys case continues to navigate the legal system, Quentin takes a look at the way in which significant changes in police and Crown Prosecution Service guidance have had a dramatic impact on the number of recorded cases.
POSTED: Monday, February 26, 2018
Success in Shotgun Licence Appeal
As a result of the strong arguments put forward by Quentin at an appeal hearing at Birmingham Crown Court the Police indicated that they were not going to resist the appeal. The appeal was therefore successful.
POSTED: Thursday, August 24, 2017
Court of Appeal reduces sentence by half in Fraud case success
Following oral submissions by Quentin the appeal was allowed by the Court. The sentence of 24 months imprisonment was reduced by half to one of 12 months. This meant that VP was eligible for release on a home detention curfew tag the week after the hearing in the Court of Appeal.
POSTED: Thursday, July 13, 2017
Quentin sets legal precedent at the High Court in Planning Enforcement Guilty Plea hearing
Quentin analysed their case and discovered that there was a material problem with the procedure that had been followed at the guilty plea hearing in the Magistrates Court. As a result of Quentin’s representation the matter was therefore remitted to the City of Westminster Magistrates Court where the defendants indicated Not Guilty pleas and elected for the matter to be sent to the Southwark Crown Court for trial.
POSTED: Monday, July 10, 2017
Am I guilty of fraud?
what can I do if I am accused of fraud and what are the defences to fraud charges?
POSTED: Friday, March 17, 2017
Quentin gains success for client in Nightclub assault case
Quentin represented AC, a student at Newcastle University who was accused of two counts of assault. Following under 10 minutes of deliberation the Court returned a Not Guilty verdict, AC was acquitted and was awarded costs
POSTED: Tuesday, February 14, 2017
Motor trader keeps his driving licence after successful appeal
Quentin represented Mr RC, a successful trader of prestige and high performance cars in respect of an appeal against a conviction for failure to provide driver’s details contrary to s172 of the Road Traffic Act 1988.
POSTED: Tuesday, January 3, 2017
Guilty verdict in successful Private Prosecution
Due to instructing Quentin Hunt and instituting a private prosecution Mr B secured justice in respect of an important breach of his privacy and the compromise of his divorce proceedings.
POSTED: Thursday, August 11, 2016
No Further Action taken in Voyeurism case
Following a lengthy investigation, the police made a decision to take No Further Action against WS. This meant that he was released from bail and would face no charges and would have no criminal record, caution or adverse record against his name.
POSTED: Tuesday, July 19, 2016
A guide to the law on Rape
This article examines the elements of the offence of Rape, possible rape defences and the current state of the law; it cannot hope to be definitive but should serve as a good layman’s guide to the law.
POSTED: Thursday, June 30, 2016
This article will consider the legal definition of sexual assault, what must be proven for there to be a conviction, and what you should do if you have been accused of sexual assault.
POSTED: Monday, June 27, 2016
Taking children out of school during term time? A Criminal Barrister's view.
The question of the legality of taking children out of school without permission has been a hot topic in the news and on the internet recently. As a result, I have been both amused and dismayed to see quite a lot of misinformation and dubious ‘facts’ being portrayed as the state of the law.
POSTED: Monday, April 11, 2016
This article will consider the offence of unlawful eviction set out in section 1 of the Protection From Eviction Act 1977.
POSTED: Thursday, March 10, 2016
The Real Cost of Legal Aid
Should you find yourself facing a criminal matter it is vital that you obtain legal representation as soon as possible. Quentin answers many questions about Legal Aid for when a person is charged with a criminal offence.
POSTED: Monday, January 18, 2016
How couples can protect their assets in confiscation proceedings
How can couples protect their assets in confiscation proceedings, how can a partner protect their interests in confiscation proceedings and when should a partner assert interest in Confiscation proceedings? Confiscation or enforcement?
POSTED: Tuesday, December 8, 2015
How to avoid a prison sentence
This article explores the sentencing regime and the ways in which the risk of immediate custody can be reduced therefore answering the question of ‘How can I avoid a custodial sentence?’
POSTED: Friday, November 20, 2015
Personal liability of directors for criminal offences
This article will explore the general principles of personal liability of directors for criminal offences and examine what I have found to be the most common examples of such liability coming before the criminal courts
POSTED: Tuesday, October 6, 2015
Social Media Crime - prosecutions for use
There is an increasing trend towards prosecuting individuals for their online activity from Internet ‘trolls’ to the increasing reports of ‘revenge porn’
POSTED: Thursday, September 24, 2015
Direct Access Litigation Qualified Barrister
Although there are many direct access qualified barristers only a very small minority of those at the Bar are qualified to conduct litigation. This can have an enormous effect upon the conduct of your case.
POSTED: Monday, September 21, 2015
Not guilty verdict in harassment case
A Not Guilty verdict was essential to TL as she works within the legal industry and could not have a conviction recorded against her name. She described the result as ‘Amazing… fantastic’.
POSTED: Wednesday, July 1, 2015
Not guilty verdict in knifing case
Quentin represented a Miss SM who was accused of cutting her partner’s neck with a kitchen knife during a domestic incident in Chichester
POSTED: Friday, June 26, 2015
Quentin ensures acquittal in offensive weapon trial
Quentin represented Miss RM, a commodities trader who stood accused of possession of an offensive weapon and two counts of assault. RM attended a meeting of Haringey Justice for Palestinians where a protest took place.
POSTED: Sunday, June 21, 2015
Changing a guilty plea - a case study
Changing a Guilty plea is not an easy exercise. The Court of Appeal has stated on a number of occasions that ‘the cases must be comparatively rare where it would be proper to allow a change of plea’. This case study discusses the issues.
POSTED: Wednesday, June 3, 2015
Causing Serious Injury by Dangerous Driving
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduced an offence of Causing Serious Injury by Dangerous Driving; this came into force on 3rd December 2012. As always it has taken a long time for the Police and CPS to start using the offence on a regular basis but we are now seeing the offence being prosecuted with some vigour. Read further to find out more..
POSTED: Wednesday, April 8, 2015
According to Home Office Statistics the offence of Criminal Damage is one of the top ten most prosecuted crimes in the United Kingdom. It is also one of the most frequently abused by way of prosecutions being brought against individuals in circumstances where no offence has been committed. Read further to find out more..
POSTED: Friday, March 13, 2015
What is Unlawful Eviction and Harassment?
Local authorities are becoming increasingly trigger-happy in respect of landlord and tenant prosecutions. Such prosecutions can occur when there is a dispute with a tenant over the circumstances of their leaving a property. Often such disputes can be the word of one party against the word of another. As such it is essential that a landlord or other party accused of such an offence gain specialist legal advice if being either investigated or prosecuted. Read further to find out more..
POSTED: Monday, February 23, 2015
Blackmail is an offence under section 21 Theft Act 1968. It is a serious offence and is tried only in the Crown Court before a judge and a jury. The maximum penalty on conviction is 14 years’ imprisonment. Read further to find out more..
POSTED: Tuesday, February 10, 2015
Serious Crime Prevention Orders
The Courts have recently seen a marked increase in prosecution applications for Serious Crime Prevention Orders especially in cases prosecuted by HMRC and the NCA. Read further to find out more..
POSTED: Friday, January 30, 2015
Special Procedure Production Orders - How practice has not caught up with the law
Applications for special procedure production orders are some of the most common applications before the Crown Court. Many Crown Courts will hear a few applications in a 9:30am list before trials or case management hearings and each numbered application can contain any number of substantive sub-applications against different institutions. Most applications for special production orders are not opposed as they are made as against financial or other institutions who will not produce material without such an order and will not oppose the order being sought.
POSTED: Wednesday, December 10, 2014
Cautionary tale about having someone else take your penalty points
Taking penalty points is a serious criminal offence and perverting the course of justice. It was all over the news a short while ago. But now the convictions of Chris Huhne and Vicky Price for perverting the course of justice have faded in time and are no longer in the public consciousness the courts are once again seeing the return of people accused of perverting the course of justice due to others ‘taking their points’. Read further to find out more..
POSTED: Monday, September 15, 2014
Witness intimidation is a serious offence and a conviction for the offence will, unless the offence is fleeting and in the heat of the moment, there is a high likelihood that any convicted defendant will end up with a sentence of imprisonment unless handled with the utmost skill and judgement. Read further to find out more..
POSTED: Wednesday, September 10, 2014
What to do if I am summoned for driving without insurance?
What to do if I am summonsed for driving without insurance?
It is a criminal offence for a person to “use” a motor vehicle on a road or “cause” or “permit” any other person to use it on a road while uninsured.
These offences can only be dealt with in the Magistrates’ Court and are typically punishable with a fine and the imposition of between 6 and 8 penalty points on your licence or a disqualification from driving. Despite the fact that these are “summary only” offences that can only be dealt with in the Magistrates’ Court, they are treated seriously..
Read further to find out more..
POSTED: Wednesday, September 3, 2014
Death by Dangerous Driving
Causing death by dangerous driving is the most serious driving offence that you can be prosecuted for. If you are being investigated for this offence, have been charged or are under suspicion it is essential that you get legal representation. The representation you will require will need to be not just a ‘criminal’ lawyer but a lawyer with specialism in Road Traffic Offences.
POSTED: Monday, August 11, 2014