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
New health and safety rules for the self-employed
Quentin Hunt, barrister at 2 Bedford Row and a member of the Attorney General's 'A List' of approved advocates for health and safety and regulatory work, explains what changes will mean in practice.
POSTED: Tuesday, August 18, 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
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
How Can I keep my driving licence? Special reasons arguments
In many driving cases people commit offences in circumstances that are really not their fault. This stems from the fact that the vast majority of driving offences are what lawyers call ‘strict liability’ offences. This means that you are guilty whether or not you actually meant to commit the offence. Read further to find out more..
POSTED: Tuesday, March 10, 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
Can I change a plea of guilty?
Changes to the criminal justice system of late have been very much focussed on encouraging defendants to plead guilty. ‘Early guilty plea’ schemes have been rolled out across the country and a full discount for pleading guilty is only available if the plea is entered at the first opportunity, often before the evidence has been served by the prosecution in proper and full form. Read further to find out more ..
POSTED: Wednesday, October 29, 2014
What to do if I am accused of VAT fraud?
If you are being investigated or have been charged with an offence of VAT fraud it is essential that you seek specialist legal representation at an early stage. How the matter is conducted from the outset will shape the course of the case against you. Read further to find out more ..
POSTED: Friday, October 10, 2014
Example of a VAT Fraud in Action
If you are being investigated or have been charged with an offence of VAT fraud it is essential that you seek specialist legal representation at an early stage. How the matter is conducted from the outset will shape the course of the case against you. Careful consideration of the evidence is essential as well as an excellent working knowledge of this sort of case and experience in dealing with HMRC and the CPS. Read further to find out more ..
POSTED: Friday, October 3, 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
What is exceptional hardship?
Disqualification is generally compulsory. However, if you are able to persuade the court that there would be exceptional hardship amounting if you lose your licence they may allow you to keep your licence despite the fact that you have 12 penalty points or more..
POSTED: Tuesday, July 22, 2014
When can a Court extend Custody Time Limits?
CTLs shall not be extended unless the Prosecution can show good and sufficient cause and that they have acted with all due expedition. Read this FAQ to find out more..
POSTED: Monday, May 19, 2014
What is ‘totting’ penalty points?
When a driver receives penalty point supon his licence he may continue to drive when the number of points remains below 12..Read this FAQ to find out more..
POSTED: Monday, May 12, 2014
Driving while using a mobile Telephone. What are my options?
The offence of using a handheld mobile telephone while driving is punishable with a fine of £60 on a fixed penalty notice or up to £2500 on conviction as well as 3 penalty points endorsed upon your licence. Read this FAQ to find out more..
POSTED: Monday, May 5, 2014
What is Dangerous driving?
Dangerous driving has been defined as driving in a manner which falls far below that of a competent and careful driver in circumstances Read this FAQ to find out more..
POSTED: Thursday, May 1, 2014
What sentence would I get for speeding?
This will depend upon a number of factors, chiefly the level that you were above the speed limit. Penalties range from a three point licence endorsement to an immediate disqualification as well as a financial penalty. Read this FAQ to find out more..
POSTED: Wednesday, April 30, 2014
What sentence would I receive for an offence of drink driving?
This will depend upon the level of alcohol in your breath or blood. The minimum is a 12 month driving ban with accompanying fine for a first offence up to a maximum of a sentence of imprisonment starting at 12 weeks and a 3 year ban as a maximum. Read this FAQ to find out more..
POSTED: Tuesday, April 22, 2014
How do I get a legal second opinion?
Getting a legal second opinion is easy and quick and can provide you with the reassurance that you need if you suspect that the advice you have been given is either incomplete or incorrect. Read this FAQ to find out more..
POSTED: Friday, April 4, 2014