Archive for September, 2016

Psychoactive Substances Act 2016

Posted on: September 12th, 2016 by steve

Psychoactive Substances Act 2016

If you are being investigated for, or charged with, an offence under the Psychoactive Substances Act 2016, our expert team are on hand 24/7 to advise you on all aspects of the legal process, your rights, and the best defences. Call us now on 0800 1933 999.

Q: What is the Psychoactive Substances Act 2016 and when did it come into effect?

A: The Psychoactive Substances Act 2016 came into force on 26 May 2016 and introduces a variety of measures relating to so called ‘legal highs’.

Q: What activities are now defined as offences?

A: The Act introduces a number of offences relating to these substances including:

producing a psychoactive substance (section 4)
supplying, or offering to supply, a psychoactive substance (section 5)
possession of psychoactive substance with intent to supply (section 7)
importing or exporting a psychoactive substance (section 8)
possession of a psychoactive substance in a custodial institution (section 9).

Q: What sentencing powers relate to this Act?

A: Those convicted of an offence under sections 4-8 of the Act face a sentence of up to 7 years, with those convicted under section 9 facing a sentence of up to 2 years.

Q: Are there any civil sanctions under the new Act?

A: Yes. The Act also introduces new civil sanctions including prohibition and premises notices to allow police to shut down ‘headshops’ and UK-based online dealers.

Q: What if a person fails to comply with the civil sanctions?

A: Those who do not comply with these sanctions face up to 2 years imprisonment.

Q: How can I find out more about the new Act?

A: The Psychoactive Substances Act 2016 can be accessed in full here.

Are you worried about a drugs-related charge? If so, call our office on 01623 397200 for free initial advice.

Private Prosecution Solicitors – We Fight For Your Rights

Posted on: September 9th, 2016 by steve

Private Prosecution Solicitors – We Fight For Your Rights

Q: What is a ‘private prosecution’?

A: Private prosecutions date back to the earliest days of the legal system. They are prosecutions started by a private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority. A ‘prosecuting authority’ includes, but is not limited to, an entity which has a statutory power to prosecute.

Q: What legislation covers the right to bring private prosecutions?

A: The right to bring private prosecutions is preserved by section 6(1) of the Prosecution of Offences Act (POA) 1985.

Q: Why would a person need to take out a private prosecution?

A: Private prosecutions are on the increase as police budget cuts and pressures on the justice system force people to fund their own criminal actions. They are often instigated following a failure of the police to investigate, or by the Crown Prosecution Service being unwilling to press ahead to trial. Our private prosecution solicitors are in high demand to help people get the justice they deserve.

Q: What type of matters are suitable for a private prosecution?

A: Private prosecutions can be taken out for a wide array of offences including sex attacks, violent assaults and frauds. Our private prosecution solicitors can advise you further.

Q: Have there been any high-profile private prosecutions?

A: Yes, lots of them have made the news. One that is particularly note-worthy is the private prosecution taken out by the family of Stephen Lawrence in 1996, against five suspects after three years of bungled police investigations. The case resulted in only three making it to trial and they were acquitted on the orders of the judge. The family took out a private prosecution as they wanted to see the men who had murdered Stephen in an unprovoked racist attack brought to justice.

Q: Can the Crown Prosecution Service (CPS) take over a private prosecution?

A: Yes, the Director of Public Prosecutions – the head of the CPS – can take over cases and stop them if they are considered “vexatious” or “malicious”.

Q: Can a private prosecution be stopped?

A: Yes, if it interferes with other criminal cases, or is considered not in the public interest, according to prosecutors’ guidance.

If you are thinking of taking out a private prosecution, please call our expert team now for free initial advice on 01623 397200.

Conditional Caution Domestic Violence

Posted on: September 8th, 2016 by steve

Conditional Caution Domestic Violence

Are you being investigated for or charged with a domestic violence offence?

If so, it is vital that you get expert legal advice as soon as possible.

Our dedicated team can help. Call us now on 01623 397200.

Domestic violence cases are treated seriously and have been the topic of much scrutiny recently, with the Crown Prosecution Service issuing strict guidance on how such cases should be handled.

Domestic violence cases are specifically flagged by prosecutors to mark their severity and delicate nature, and even if an alleged victim of domestic violence retracts their statement and does not want a prosecution to occur, you may be surprised to discover that the case against you will usually continue regardless.

The Government’s current definition of domestic violence is:

“Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of gender of sexuality.”

While most people imagine that domestic violence refers to incidents between spouses, it is much wider than that and extends to family members such as mothers, fathers, sons, daughters, brothers, sisters and grandparents and includes in-laws and step-relations.

A domestic violence element to a criminal charge is an aggravating factor, and makes the matter more serious.

But, is it possible to obtain a conditional caution domestic violence?

This question has recently been considered in the Royal Courts of Justice, where a person investigated for a domestic violence offence was not offered a conditional caution because the decision maker involved in the investigation process believed that conditional cautions can never be offered in domestic violence cases.

The review of the case held that this was an incorrect belief and that it is possible to obtain a conditional caution domestic violence cases in some situations.

Forrest Williams know this to be the case and have a successful track record of securing conditional caution for domestic violence cases.

If you need a legal team on side who understand the intricacies of the law, call us now on 01623 397200.

Criminal Defence Blog

Archive for September, 2016

Psychoactive Substances Act 2016

Private Prosecution Solicitors – We Fight For Your Rights

Conditional Caution Domestic Violence

Forrest Williams TV