Archive for the ‘Criminal Offences’ Category

Sentencing For Possession of Knife Offences

Posted on: June 11th, 2015 by steve

Sentencing Trends For Possession of Knife Offences.
Photo credit: Didriks

Sentencing Trends Show Importance of Investing In Specialist Representation

Between January and March 2015, while the number of people charged with possession of knife offences was fairly stable compared to previous periods (showing a gradual increase), sentencing trends are alarming.

Just 10% of adult offenders received cautions, which is the lowest level since 2007, while suspended sentences continue to be imposed at an increasing rate. Offenders are 22% more likely to receive a suspended custodial sentence than they were just a year ago.

Juvenile offenders are more likely to receive immediate custodial sentences than they have been in previous months.

The criminal justice system continues to deal with a high number of possession of knife offences, with a total of 4,117 offences recorded in this period. This number is steadily increasing.

The most common sentence imposed for possession of knife offences is an immediate custodial sentence.

These are serious cases and it is vital that your case is thoroughly reviewed to discover whether you may have a defence to the case. Failing that, a strong mitigation case prepared by specialist solicitors will increase your chances of obtaining a lenient sentence.

NEED URGENT ADVICE? CALL US NOW ON 01623 397200

Bribery: What Is It and What’s The Penalty?

Posted on: March 24th, 2015 by steve

Bribery: What is it and what’s the penalty?

Bribery can be defined as giving someone a financial or other advantage to encourage the person to act improperly or to reward them for having acted improperly.

The Bribery Act 2010 is the main legislation in this area of domestic law, but it is vital to understand that the legislation forbids companies based in the UK from using bribes to gain business anywhere in the world – even in places where these types of gestures are common.

Any company that has failed to prevent bribery will be guilty of both a criminal offence and a corporate offence.

This raises questions about what exactly a company can do in terms of building relationships, or thanking clients, without it being accused of bribery.

Guidance states that activities focused on establishing cordial relations or enhancing ability to present products or services is acceptable, if it is an established way of business. It is, however, very clear that the use of hospitality and other similar business expenditure can constitute a bribe.

While bribes are a normal part of business in some countries, a business based in the UK that enters into a bribe in another part of the world will be guilty of the offence under domestic law.

There are defences that a company can argue if they are charged with bribery. A common defence is that the organization has tried their best to prevent bribery – this will require evidence, not a simple assertion.

The penalty for bribery is up to 10 years in prison and an unlimited fine for individuals, and unlimited fines for companies.

If you are being investigated for, or charged with, bribery, it is important that you get experts on your side immediately. Call our dedicated team of criminal defence lawyers now on 01623 397200.

What is an Alcohol Abstinence and Monitoring Requirement?

Posted on: March 24th, 2015 by steve

What is an Alcohol Abstinence and Monitoring Requirement?

The Alcohol Abstinence and Monitoring Requirement (AAMR) is a power given to the courts in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 that allows them to order offenders to abstain from alcohol for a period of up to 120 days and to be regularly tested for compliance.

This is a tool designed to address issues of alcohol misuse, not alcohol dependency, which the courts have long been able to address via an Alcohol Treatment Requirement.

This move follows estimations that around 44% of all violent offences are committed by offenders under the influence of alcohol.

The approach is based on a model from South Dakota, USA but operated following UK legislation, and will operate on a pilot scheme initially from 31 July 2014.

The pilot aims to:

Test how widely an Alcohol Abstinence and Monitoring Requirement will be used within the Magistrates Court system;
Test compliance rates with the Requirement; and
Test the effectiveness of transdermal tags (ankle tags) in monitoring alcohol abstinence
Target between 100-150 offenders during its course

Alcohol Abstinence and Monitoring Requirements will be piloted in Croydon, Lambeth, Southwark and Sutton.

An AAMR will be available for the courts to impose as part of a Community Order or Suspended Sentence if all of the following criteria are met:

Consumption of alcohol must be an element of the offence or an associated offence, or a factor that contributed towards the offence being committed
The offender must not be dependent on alcohol
Probation staff must carry out pre-court screening, which will include alcohol screening
The court must not include an Alcohol Treatment Requirement, as these are for dependent drinkers only
There must be alcohol abstinence monitoring arrangements available in that area
The offence must have taken place in Southwark, Lambeth, Sutton or Croydon
The offender must reside in Southwark, Lambeth, Sutton or Croydon
The offender must have a fixed abode

If the offender fails to submit to monitoring, this will be a breach of the requirement and will be treated as a standard breach of the Community Order or Suspended Sentence.

An Alcohol Abstinence and Monitoring Requirement can be imposed for offences including drink driving, common assault, actual bodily harm, assault PC, criminal damage and theft.

If you are at risk of an Alcohol Abstinence and Monitoring Requirement and do not believe that this is a suitable penalty for you, call us now to discuss your case on 01623 397200.

Criminal Defence Blog

Archive for the ‘Criminal Offences’ Category

Sentencing For Possession of Knife Offences

Bribery: What Is It and What’s The Penalty?

What is an Alcohol Abstinence and Monitoring Requirement?

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