Whiplash fraud is a hot topic currently, as the government continues to announce further reforms for the handling of personal injury claims and assessment. While this area is under the spotlight, whiplash claims are being reviewed and the criminal justice system has shown its willingness to become involved to help curb whiplash fraud.
A West Midlands man was recently jailed for making false statements in a £15,000 claim.
Charges of fraud by false representation are laid when a person is alleged to have made a false representation dishonestly, knowing that the representation was or might be untrue or misleading, with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss. It is important to note that a gain or loss does not have to occur, it being intended is sufficient.
It is important to note that a representation can include omissions, for example an omission to mention certain pieces of information, and can also include a failure to correct a false impression after a change in circumstances.
A representation is “false” if it is untrue or misleading and the person making the representation knows that it is, or could be, untrue or misleading.
Your behaviour will be judged based on whether it would be considered dishonest by the standards of regular, reasonable and honest people.
As whiplash fraud solicitors, we review the evidence against you and pro-actively prepare your case to either build your strongest defence or gather mitigation for you.
Whiplash fraud, charged as fraud by false representations, carries a maximum sentence of 10 years’ imprisonment.
It is vital that, if you are being investigated for whiplash fraud, you get the experts on your side at the earliest possible opportunity. Our whiplash fraud solicitors are here to help on 01623 397200.
As specialist virtual court hearing solicitors, we are receiving many questions about the new Virtual Court Hearing system. This post is our overview of the new system. If you are in need of Virtual Court Hearing Solicitors, call our expert team now on 01623 397200.
What is the background to Virtual Court First Hearings?
Since 2009, magistrates’ courts have been able to conduct first hearings of criminal cases by a live link between the court and police stations. This means the defendant may appear by live link from the police station to court, rather than being taken to court to be physically present.
Does a defendant have to consent to this process?
No, not any more. Since 14 December 2009, a former requirement that a defendant must consent to participate in a live link hearing (contained in sub-section 57C (7) of the Crime and Disorder Act 1998) was removed by the Coroners and Justice Act 2009. Accordingly, it is no longer a requirement that the defendant consent to appear in court by way of the video link from the police station.
Are more defendants now appearing at court hearings by video link?
Yes. The suitability criteria custody officers use to initially assess the suitability of defendants to appear by video link have recently been relaxed. As a result of this more defendants are eligible to appear in this way at their first court hearing. (There may be regional variations as different police forces may apply different suitability criteria. In addition, youth court cases hearings will be conducted by video link.)
What is a Virtual Court First Hearing (VCFH)?
In a VCFH, the defendant is not produced at court but appears in the magistrates’ court by a video link from a room in the police station custody suite.
The magistrates (or district judge), court staff and prosecutor will be at court.
The defence solicitor will either be at the police station or the court. (This is a decision they need to make with regard to the best interests of the defendant.)
VCFHs may take place in respect of any offence.
Custody officers initially decide if a case is suitable to be heard by live link by referencing suitability criteria. (Representations may be made to custody officers regarding their decisions and a copy of the suitability criteria can be requested by legal professionals.) There are also regional variations in terms of which cases are deemed eligible for VCFH. A risk assessment is also carried out as due consideration has to be given to the possibility of violent behaviour from the defendant prior to or during a VCFH.
The final decision to proceed by way of a live link hearing is made by the court. Section 57C (6)(A) of the Crime and Disorder Act 2006 states that ‘a live link direction under this section may not be given unless the court is satisfied that it is not contrary to the interests of justice to give the direction’.
Is the Defendant Fit for this Process?
The defendant’s legal representative has a duty to ascertain that the defendant is fit – physically and mentally – to take part in the proceedings. The following indicators should be addressed for each defendant if they:-
are under the influence of drugs or alcohol, or suffering the effects of withdrawal
have cognitive, mental or physical health issues that may affect their rights while in police detention
have been subject to inappropriate police pressure
have the necessary communication skills and abilities.
Similarly, due care should be taken for defendants who require an appropriate adult (Police and Criminal Evidence Act 1984) or interpreter. It is crucial that defendants are able to understand and cope with the virtual court process. If they are not, this would form the basis of an application to the court that it would not be in the interests of justice to make the direction.
If you have received notification that a VCFH has been fixed, and need virtual court hearing solicitors, contact us on 01623 397200 for free initial advice.
A Gov.UK report examines the effectiveness of the Modern Slavery Act one year after it’s creation.
The report aims to answer four main questions:
Is there sufficient awareness of the criminal justice measures contained within the Act?
How well are the measures in the Act being implemented?
Are there gaps in the provisions of the Act?
What recommendations are there to fill any gaps found?
As practitioners, it is clear that while the number of prosecutions have increased in the last year (most still under the old offences) the Modern Slavery Act continues to present challenges to the police and Crown Prosecution Service. There remains a lack of consistency in how these cases are dealt with, and we are pleased to see this reflected in the report.
Indeed, the report recognises that this particularly challenging area of the law requires frontline staff to be equipped with tools, training and processes that are currently lacking.
The report makes several specific recommendations, including:
Each police force should appoint or identify single points of contact on modern slavery and exploitation – one at strategic command level and one at tactical investigative level
Training for police officers, to include basic training for every police officer on modern slavery and trafficking to be incorporated into the national policing curriculum
Training for prosecutors, lawyers and the judiciary. The Crown Prosecution Service website in particular was found to be out of date.
Modern Slavery Act cases to be referred to a Complex Case Unit within the CPS, with each CPS region’s Complex Case Unit comprising a senior charging lawyer trained to deal with exploitation and slavery cases
Consideration to be given to creating a Visa order preventing an offender from applying and/or sponsoring another person’s entry into the UK
Consideration to be given to enhancing police powers of detainment for own protection
It is clear that the Modern Slavery Act is being implemented in its current, imperfect form, and has resulted in 884 modern slavery crimes being recorded across England and Wales between April 2015 and March 2016.
As well as the Modern Slavery Act, convictions have been secured for:
Slavery, servitude and forced labour
Human trafficking for sexual exploitation
Human trafficking for non-sexual exploitation
Nine Slavery and Trafficking Risk Orders (STROs) have been applied for, and sixteen Slavery and Trafficking Prevention Orders (STPOs) have been made under s14 Modern Slavery Act.
These numbers are significantly lower than the Government’s estimates of the number of slavery victims in the UK, and defence firms should see this as a signal that the Modern Slavery Act will be used as a continued focus on these offences and securing an increased number of prosecutions.
If you, or someone you know, is being investigated or prosecuted for a Modern Slavery Act related offence, our expert team can help. Call us now on 01623 397200.
Whiplash Fraud Solicitors
