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Criminal Defence Blog

Sentencing For Possession of Knife Offences

possession of knife offences

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.

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Am I Guilty Of A Sexual Offence If I Pretend I’m Someone Else?

Katie Forrest of Forrest Williams

Katie Forrest of Forrest Williams

 

A key issue with sexual offence cases is consent – did the complainant (the ‘victim’, in jargon-free language!) consent to the act?

 

However, there are cases where even if it is accepted that the acts took place with consent present, you could still be guilty of sexual offences such as sexual assault or even rape.

 

One of these scenarios arises whereby the victim argues that they only gave consent because you led them to believe you were someone else, and they believed this impersonation.

 

There are crucial points to note in relation to this.

 

Firstly, the prosecution must prove that you deliberately impersonated the person with the aim of inducing the victim’s consent.

 

Secondly, the impersonation must be of someone known personally (but not necessarily sexually) to the victim.  Impersonating a celebrity is not relevant to this issue.

 

Thirdly, the victim must have believed the impersonation.  If they didn’t believe it, or didn’t care either way as to whether it was genuine, this cannot be said to be the reason for consent.

 

This issue is of particular importance currently, with considerable attention focused on the question of whether an online contact is someone known personally and, therefore, whether impersonation of an online contact of the victim to induce consent would cause you to be found guilty of a sexual offence.

 

This is a complex legal issue and if you feel it may be relevant to a sexual offence case you are facing, you will need specialist sexual offence solicitors on your side.

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Law Update: Illegal Working In Proposed Immigration Bill

A new Immigration Bill has been proposed including an offence of illegal working.

 

The offence will apply to those who have entered the country legally but who have overstayed or are in breach of their conditions, as well as to illegal immigrants.

 

This offence will allow police to seize wages earnt from illegal working as proceeds of crime.

 

It will also become an offence for businesses and recruitment agencies to recruit abroad without advertising in the UK.

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