M23LAW - News:

Justice for victims of anti-social behaviour?

2011-12-15T16:02:00.000Z

A recent article in The Times has discussed the coalition’s plan to scrap ASBO’s and introduce ‘Crime Prevention Injunctions’ to tackle anti-social behaviour. If a person were to breach their CPI, they face up to six months imprisonment – surely they would be considered a criminal? Oh no. If you were to be given a CPI, or even serve a few months imprisonment for breaching one, you would not have a criminal record. You see, breaching a CJI is a civil offence, not criminal. Breaching an ASBO on the other hand IS a criminal offence.

CPI’s are designed with time and cost in mind. The Government’s thinking is that by creating sanctions under civil law, anti social behaviour will be stamped out quickly, protecting victims and communities. Labour disagree however. Gloria De Piero MP has stated that the Government are ditching a “tried and tested system”. A tried and tested system, the use of which has been rapidly declining since 2005 due to the time and effort put into the casework. Furthermore, ASBO’s, introduced under the Labour government in 1998 also had the reputation of being a ‘badge of honour’ for youths who were awarded one.

Time for a change? Is there any real deterrent for those committing anti-social behaviour knowing there will be no criminal record of their offences?

Youth Justice?

2011-11-29T12:33:00.002Z

A 14 year old boy was recently spared a custodial sentence at Inner London Crown Court, having pleaded guilty to being in possession of two firearms and live ammunition. He was only sentenced to a youth rehabilitation order due to his age. If he had been 16, the judge would have sentenced him to a minimum of three years in prison.

Sentencing, Judge Chapple commented that “Parliament has tied my hands almost completely. I have no power at all in the particular circumstances of your case to send you to any form of detention.”

So this begs the question, does Parliament have too much control over sentencing guidelines? Or not enough? As has been well documented, two young men were recently sentenced to four years imprisonment for allegedly using Facebook as a vehicle to incite mob violence. Where is the consistency?

Practical, proportionate paedophile provisions

2011-11-22T15:05:00.000Z

A recent Court of Appeal ruling has disregarded some powers aimed at protecting children from abuse. The previous law allowed judges to ban convicted paedophiles from accessing the internet at all and even visiting their own children. This however was overturned in the Court of Appeal as these men and women have a ‘right to a family life’. Not allowing them to see their children or relatives who weren’t directly involved in the offences would be breaching their human rights.

A review by ministers has stated that the Human Rights Act has had a “chilling effect” on British Law. Philip Davies MP has stated that the criminal justice system is putting the rights of criminals before the victim. Is this really the case?

Having dealt with a large number of these cases, I for one can say that the measures imposed on some of my clients are far and above what is necessary. However,each case is different. The judges commented that not allowing those convicted of child porn cases to use the internet at all restricts the defendant in the use of what is now an essential part of everyday life.
An exceedingly difficult area to police post conviction in these chastened economic times.

Any comments fellow Tweeters, Bloggers, Facebookers or Linked-Inbetweeners?

2011-11-11T11:19:00.000Z

Just been defending on a child cruelty / assault case. This is against a backdrop of recent NSPCC research suggesting children under the age of 1 year old are 1 in 8 times more likely to be killed than any other age group.

It is said that these children are often born into families whose parents have mental health issues or addiction problems. Over the decades I have represented a number of clients with similar problems. There is often more to these cases than meets the eye on first glimpse however. It is glib to say but each matter has to be assessed and instructions taken. What might appear clear-cut allegations initially, sometimes turn out to be incorrect in fact or when reconciled to the relevant law. One case was where we proved that it was in fact a sibling of the victim who caused the non-accidental injuries. The parent client was acquitted but had suffered months of stress pending her trial.

I often utilise experts such as specialist paediatricians and forensic scientists. I have extensive experience acting for clients with Aspergers / Autism and special needs.

I get referrals to act from a variety of sources including well known Family Law firms in Surrey & Sussex. Also from teachers, social workers and health visitors. Other referrals frequently come from family or friends of the suspect. However, we only act for the accused and strict confidentiality applies as per our usual professional standards. We have represented on these cases at police stations and courts throughout England & Wales.

Winter is around the corner!

2011-10-07T00:05:00.000+01:00

Snow is forecast at the end of the month!It is certainly chilly tonight.
Andy Advice:
Do not allow your vehicle to be kept in a dangerous condition as this could lead to 3 points and a fine.
The police might deem snow on the roof of your car as a hazard, so be warned: You are on thin ice if you don't clear that compacted snow.

Graffiti: Art Or Just Criminal Damage?

2011-09-20T19:09:00.000+01:00

We have represented many "Tag Merchants" arrested for Criminal Damage over the years. Mainly by the British Transport Police in Greater London.

The athleticism of the adrenalin artists has to be admired in tagging difficult to reach but prominent locations. But the public audience sometimes struggle to perceive it is art and especially when it is your face at a building near you.

The police have purposely avoided using the word 'artist' as they launch an appeal for help in identifying the "owner of a graffiti tag" who's accused of causing £1 million damage.

Apparently "the author of this tag" has been busy in North London and Westminster, and prolific across sidings on the tube network.

Houses, schools, monuments and old folks' homes have been targeted with the ZERX tag.

We have even represented "Taggers" in a crown court who, while waiting to be sentenced, proceeded to tag away in the court building! They were subsequently sent down for a little holiday with Her Majesty.

So, art or damage? Which side of the tracks do you come down on? Comments please.

Official Secrets & The Fourth Estate.

2011-09-17T13:06:00.002+01:00

The arrest of journalists and pressure on The Guardian to reveal their sources is a retrograde step we believe.This follows leaks in the investigation into hacking in the Milly Dowler affair. There is to be an application by the Met Police in court next week to force the key Guardian documents to be disclosed. This is under section 5 of the Official Secrets Act 1989.We also understand that there are officers from outside the Met who are being brought in by the new Commissioner to look into the phone hacking investigation. Lawyers from M23law have experience of dealing with aspects of Official Secrets.

Riots:Our Jails Are Full.

2011-09-17T12:48:00.000+01:00

The hue and cry of politicians and the media led to much longer jail sentences for rioters. The sentences were up to three times longer than for the same categories a year ago.The average jail term for burglary was 14.1 months compared to 8.8 months a year back. The usual imprisonment rate is around 12% but has risen to 40% after the street disturbances.Latest figures for the prison population indicates that our gaols are fit to bursting. A record 87,120 are currently under lock and key in England & Wales. There have already been more problems in the Young Offender Institutions, with gang fights. How much longer before there are riots in our prisons?

Gangs And The Riots.

2011-09-08T14:54:00.001+01:00

Riots and Gang involvement: Home Secretary Theresa May told MPs it appeared the role of gangs was "not as high as people first thought". In London 19% of those arrested were gang members.
But there was "some evidence" gangs were involved in inciting rioting on social media, she said.
More than 2,700 people were arrested after violence and looting spread from London to other English cities.
Gangs got much of the blame for the spread of disorder - Prime Minister David Cameron promised a "concerted, all out war on gangs and gang culture", a gangs task force has been set up and former police chief of Los Angeles and New York Bill Bratton is to advise the government on the issue.
Criminality Mrs May said the Metropolitan Police and other forces were looking at the number of people arrested with known gang affiliations - the percentage of which had fallen over time, as total arrests have risen. About 25% of those arrested were juveniles, she said.
The Home Affairs Committee has already heard evidence that, of those arrested in London, about 19% were gang members - down from almost a third of those initially arrested.
It has been hard for law firms such as M23law to physically deal with the number and extent of the emergency calls for representation. However, in the great tradition of Hedley-Saunders, we survived and thrived!

Burglars Burgers & Fringe Sex Favours.

2011-09-08T13:54:00.000+01:00

Police took murder trial witness to brothel and allowed him to take drugs. Also to have sex with a policewoman!

Supergrass criminal Karl Chapman was given special treatment because he was the main prosecution witness in a case in West Yorkshire.
The Supreme Court found some officers took part in a "prolonged, persistent and pervasive conspiracy to pervert the course of justice".
The Police Authority said it would look at the conduct of officers involved.
The Supreme Court judgement revealed the "variety of wholly inappropriate benefits" bestowed on Chapman by officers, also included having sex with a policewoman and socialising at officers' homes.

'Gross misconduct'

Violent crimes allegedly committed by Chapman were also ignored by the force.
He received special treatment because he was the main prosecution witness in the case of Paul Maxwell.
M23law has given out witness expenses in the past, but for bus fares and not the fringe benefits as above. There was a period when the police would offer burglars burgers and visits to partners in order to facilitate post sentence (no additional penalty) "clear ups." It fell into disrepute when the burglar was found to have signed off crimes he couldn't have done as he was staying with "Her Majesty" at the time in question!

Community Penalty After Causing Death of Driver.

2011-09-06T19:43:00.000+01:00

A 37-year-old man has been ordered to carry out community service after a crash in which a man in a Mini died.Alvin Atkins, of St Leonards, admitted driving with undue care and attention (known as "Careless Driving") before the crash involving an East Sussex Highways vehicle and a Mini near Herstmonceux on 17 December 2010.

The Mini driver, Daniel Martin, 31, of Horam, died on the way to hospital after his ambulance also crashed.Atkins was disqualified from driving for 12 months by Eastbourne Magistrates Court.

M23law specialises in acting for defendants in these cases.

Penal Failings and Rioters.

2011-09-06T19:22:00.001+01:00

77 per cent of adults arrested for taking part in the August disturbances have a caution or conviction for a previous criminal offence.Justice Secretary Ken Clarke blames the penal system for failing to rehabilitate offenders.
I recall visiting the decaying Victorian gaols such as Wandsworth and Brixton. Prisoners had to defecate into a bucket not so long ago, called "slopping out" when they were emptied. Now the cells have flush toilets but basically, in my view, the prison overcrowding means that prisoners are locked up for long periods without any full scale education, group work or meaningful enterprise.
Drugs are readily available and lots of prisoners end up psychologically fragile, even if they weren't before they went in. I can often see the positive potential in young clients get denuded by ever longer captivity. Institutionalised, they frequently return to "Her Majesty" as they can't seem to adapt to life in their home communities. Pausing to party, procreate and offend en route of course. And so the cycle continues.

Shop Around For Discount Policing.

2011-09-05T22:23:00.000+01:00

Seven security officers based in a Surrey town have been accredited with certain police powers for use within a zone around its shopping centre.
They will be able to intervene in suspected offences of theft, vandalism, minor disorder and underage drinking around The Mall in Camberley.
The powers were granted by Surrey Police's Chief Constable Mark Rowley.
Policing on the cheap? And what training and supervision will there be? Will they have to wear their uniform to work?

Mistaken Identity "Rioter" Imprisoned for Nine Days.

2011-09-01T17:01:00.000+01:00

Following the Manchester riots, Dane Williamson was remanded in custody even though he had given an alibi with five corroborating witnesses at an early stage. He had been watching TV. Following checks of the CCTV footage, the alleged perpetrator was found to be wearing different clothing to the detained 18 years old Williamson. The case was formally discontinued by the Crown Prosecution Service.
However, while in prison he had his flat torched and all his possessions destroyed. This client is looking into compensation.

Government Back-track on Social Media Interference?

2011-08-27T12:09:00.000+01:00

Deputy Prime Minister Nick Clegg, on a visit to the North West, has indicated that the Coalition have no plans to seek new powers to interfere in the social media networks. This follows the heavy use of Twitter and Facebook during the recent riots.

Police Report Increase in Drink-Driving Offenders, Especially the Younger Driver.

2011-08-01T16:40:00.000+01:00

The June crackdown on drink-driving saw a higher (8%) proportion refusing or failing breath tests.Interestingly, there was a marked increase in the proportion of under 25-year-olds testing positive; up by 15%.
ACPO's Chief Constable Phil Gormley said the increase in percentage of positive drink-driving tests showed that the police were successfully targeting the offending drivers more effectively.
M23law has recently noticed an increase in clients accused of drink-driving offences.

Criminals' Assets Sold on eBay

2011-07-28T13:45:00.000+01:00

An account has been opened on the internet auction site eBay by Cheshire Police to sell off criminals' assets.

Under the Proceeds of Crime Act, offenders can be deprived of any financial benefit of their crimes.

They can be ordered to sell off assets in order to repay the money they have made.

The cash raised from the eBay auctions will go to the Home Office. Cheshire Police will receive a share of the profits, a spokesman said.

Det Sgt Karen Jaundrill, of Cheshire Police's Financial Investigation Unit, said: "By selling items in this way, we hope to generate a bigger income from criminal assets, which in turn will benefit victims of crime and be reinvested in local policing initiatives."

A television, DVD player, games console, vacuum cleaner and MP3 player, have been put up for auction.

Linford On The Wrong Track.

2011-07-21T20:47:00.003+01:00

Olympic gold medallist Linford Christie has been found guilty of careless driving after he crashed his car while driving on the wrong side of the road.

Christie, 51, of Twickenham, south-west London, was cleared of the more serious charge of dangerous driving.

Aylesbury Crown Court heard Christie had crashed head-on with a taxi carrying two newlyweds on the A413 in Buckinghamshire on 8 May 2010.

The former sprinter was disqualified from driving for 15 months.

He was also fined £5,000 and ordered to pay £1,000 prosecution costs.

M23law regularly defends in these cases. Please bear in mind that the standard in careless driving is very low and easy for the prosecution to prove. 'Momentary inattention' is often sufficient.

Kids in Handcuffs

2011-07-19T21:02:00.000+01:00

The Howard League for Penal Reform has discovered that about a quater of a million children under the age of 18 have been arrested every year since 2007.

Most shocking is that the number of kids aged between 10 and 13 years arrested was 37,187 in 2007.

The statistics are an underestimate as four police forces failed to provide the material.

M23law has a specially trained advisor to represent these young suspects.

Violent Crime: Perception, Stats and Reality.

2011-07-14T09:47:00.000+01:00

Violent crime has apparently gone down by half in the last 14 years and yet, in surveys. most people believe it has gone up each year.
The murder rate is 1.3 per 100,000 people per year in Britain, 5 in the USA, 13 in Russia and at it's peak in El Salvador at 75!
Are the Tabloids and media generally to blame for this perception of violence around very corner, with headline grabbing stories? How many crimes go unreported? We all have anecdotal accounts of contacts who can't be bothered to report a crime, for whatever reason.
Perhaps policing has actually improved or imprisonment does act as a deterrent.
What will be the effect of a lingering, miserable recession on violent and acquisitive dishonesty crime statistics? Our court capacity is shrinking and police custody suites less busy.This may be due to demoralised police officers not arresting as many people and certainly not now there is precious little overtime. Also due to diversionary projects and officers' increasing discretion.
Do we reckon there is less crime and feel safer on our streets? Perception and recorded stats.
Discuss!

Demise of News Of The World.

2011-07-08T10:56:00.000+01:00

Having had experience of clients facing exposure to the "Investigation" and attendant publication in the News Of The World, I am not too despondent at the demise of this title.See ECHR Shannon 2001 as an example of the fake sheikh variety.There will no doubt be other newspapers that have been indulging in these dark practices.
As one who has had a vast experience of representing clients in police stations, I am not surprised that officers have apparently been receiving income from the media. Bear in mind also that most private investigators are ex-officers who often rely on their former contacts.I am actually surprised that these issues have not surfaced years earlier. I am sceptical as to the outcome of a Met Police investigation into this murky area. Long grass and Public Inquiry ditto.

Ex-Servicemen in Prison in England & Wales.

2011-06-24T10:17:00.000+01:00

There are nearly 3 thousand ex-servicemen currently in our prisons and following the Afghan war, this figure is likely to increase.Most start getting criminal convictions about ten years after leaving the forces. In our experience in representing ex-military offenders, they often have mental health and alcohol dependency issues. They also have an apparently greater propensity to commit sexual or violent crimes.The transition from the military 'family' to civvy street is often too difficult.

Creeper Burglars to Face Longer Sentences.

2011-05-31T09:06:00.002+01:00

The Sentencing Council have put new proposals out for public consultation. If the victims are at home or suffer trauma, the perpetrator may expect up to six years in prison. Where a weapon is used, the Council suggest a sentence up to thirteen years.They propose up to four years for non-dwelling burglaries. The expression "Creeper" is used in police (particularly the Metropolitan Police Force) and justice circles to describe such offenders as in "there is a creeper on the premises."
A total of 17,387 burglaries were committed in 2009. 9,670 of which were the domestic variety.
In our Mr Parker's great experience, a lot of these "Creeper" burglaries are where the burglar has a drug addiction problem or where there are high value items to steal.
Final sentencing guidance is expected later this year.

Threat to Vulnerable Children.

2011-05-10T08:48:00.001+01:00

Barnardo's Chief Executive Anne Carrie has criticised the Home Office plans to force unaccompanied children under 16 years to return home. It could push them back into potentially harmful situations.
"If police send children back to abusive or unsafe households or move them on without consideration for the reasons behind their anti-social behaviour they could be placed in greater danger." It is believed that the Government is to discuss these views with the charity.

Selling Personal Information.

2011-04-28T09:33:00.001+01:00

The Information Commissioner has said that there is the "modern scourge" of selling personal information illegally. This was"hugely profitable" and greater sanctions were needed to tackle it. There are calls for greater penalties as in the magistrates court the maximum fine is £5000.

The Commons Home Affairs Select Committee was informed that the profits of this selling were in millions of pounds. It will be interesting to see the reaction of the Coalition to these serious breaches.

Hot weather equals more arrests for Drink Drive and other offences.

2011-04-27T09:56:00.001+01:00

Last weekend Sussex Police arrested 31 people on suspicion of drink driving. Road policing officers attributed that high figure to the sunny weather. Superintendent Tony Blaker, from the Road Policing Unit, said, “It is disappointing to see this many drivers arrested in such a short period of time, even though we are used to seeing a bit of a spike during warm weather." “Some people blatantly risk being caught, while others may unintentionally take themselves over the limit as they quench their thirsts in beer gardens or at barbecues". “Sussex Police will continue to target these people and as 31 drivers are about to find out, it’s going to cost them a lot more than a fine and their driving licence.”

M23LAW has represented on more drink drive cases recently, not just in the Crawley area but all over the South East. This also takes into account cases of Careless Driving and Dangerous Driving where alcohol is a significant factor.

Divine Retribution.

2011-04-07T16:43:00.002+01:00

A thief who stole £30,000 worth of lead from church roofs was caught after he dropped a probation service letter! James Wall was jailed for 15 months after he admitted four counts of theft and asked for eight others to be taken into consideration at Oxford Crown Court.

Cyclists causing death.

2011-04-07T16:09:00.001+01:00

There has been a campaign for the creation of a new offence of ‘causing death by dangerous or reckless cycling’ after acting for clients whose daughter was killed by being hit by a cyclist. Currently the penalty for an offence of dangerous cycling is £2200.

A Luton MP has secured a ten minute rule bill last month which proposed that deaths caused by cyclists should be treated similarly to other road traffic deaths. While such a procedure is normally used to highlight issues and does not result in legislation, the proposed new offence will be included in a future transport bill, with other measures to update road traffic offences.

Experts are liable.

2011-04-07T16:02:00.002+01:00

Expert witnesses have lost their immunity from being sued over the evidence they give in court cases, following a landmark Supreme Court ruling last week. By a majority of five to two in the case of Jones v Kaney, the court removed the 400 year old protection that meant expert witnesses were immune from suit for breach of duty, whether in contract or negligence, in relation to their participation in legal proceedings.
Giving the leading judgement, Lord Phillips said the evidence did not suggest that removing immunity would discourage experts from providing their services to the court. Drawing an analogy with barristers, he said “The removal of immunity for advocates has not diminished their readiness to perform their duty, nor has there been a proliferation of vexatious claims or multiplicity of actions”.

Royal Wedding Community Payback.

2011-04-06T12:14:00.001+01:00

· In the cold, windswept tunnels beneath the Royal Parks they stand, in single file with mop and bucket. They are a 21st-century chain gang reluctantly returning the beauty to the grubbier corners of the royal wedding route. Over their blue boiler suits are orange jackets with the words "Community Payback" printed on the back.

· "We set up this scheme because we wanted get the place sorted out and looking nice for the royal wedding," says Lisa Houslin, the Community Payback Scheme Manager in charge of the project. Over the next four weeks offenders with convictions ranging from driving offences to public disorder will clean the pedestrian tunnels beneath Hyde Park Corner, a key thoroughfare for the expected millions who will arrive from all corners of the globe to witness the nuptials of Prince William and Kate Middleton.

. Community Payback, coming to a corner near you soon?

Police Priorities.

2011-04-05T13:43:00.003+01:00

We read yesterday about a 13 year old schoolboy being investigated by Devon & Cornwall Police regarding the throwing of a marshmellow at another pupil. His father is furious at what he feels is a waste of police time and of it being quite traumatic for his son. While not knowing the specifics of this inquiry, M23LAW has defended on many more allegations of minor Common Assault in the last decade than hitherto.
The Blair/Brown years did prioritise domestic violence of course and in many cases with due cause. However, it will be interesting to see how an increasingly demoralised and perhaps understaffed police force deals with the less serious levels of alleged assaults.Will all the domestic violence/community safety specialist units be pared back?
In recent weeks there has been a noticeable drop in cases going through the justice system and it will be interesting to see what lasting effects the cutbacks have. We have also seen first hand the impact on young people of being processed by police custody suites ( personal data, fingerprints, photos, DNA, interrogation etc) for the first time on relatively minor or perhaps trivial allegations.

Serial drink-drivers could have their cars seized under proposals being considered by the Government.

2011-04-05T13:08:00.004+01:00

The powers would bring England and Wales into line with Scotland where anyone convicted a second time is at risk of losing their car.
According to the latest figures nearly one in four motorists banned for drink or drug driving will have at least one previous conviction for the same offence
The problem appears to have worsened over the past decade. In the year 2000, 13,299 motorists received at least their second ban for driving under the influence, by 2009 this had risen to 19,605
Since the confiscation powers were introduced in Scotland in 2009, police have caught 357 repeat offenders. This has resulted in the 105 cars being seized, of which 72 have been confiscated permanently
The threat to confiscate cars from serial drink drivers is among a series of measures contained in the Government strategy.
Other changes will see offenders who are considerably over the limit will be subject to tougher controls before having their licences returned.

Derbyshire motorists hit by police crackdown.

2011-04-04T12:12:00.001+01:00

· Three vehicles have been taken off the road in a crackdown on motoring offences in Derbyshire.

· Police in Tibshelf near Bolsover found eight with faulty windows, tyres or number plates - three serious enough to be unable to continue.

· The operation also caught 44 drivers not wearing seatbelts, 10 using a mobile phone and two using red diesel.

· Officers said the would continue to target motorists who acted in a dangerous or inconsiderate manner.

· One of those caught using a mobile phone was issued with a summons to court as the driver already had nine penalty points.

· Another driver was given a warning for a public order offence for using threatening, abusive or insulting language.

· Pc Lorna Evans, said: "Unfortunately, some people are still running the risk of fines or worse by not wearing their seatbelt or using their mobile phone.”

The public will cop it?

2011-04-04T12:06:00.001+01:00

A top cop warned last night crime will rocket as police spending is slashed. Meredydd Hughes said budget cuts will hit every area of his South Yorkshire force. Mr Hughes warns cuts will mean more crime predicted, increasing unemployment, shrinking prisons and fewer bobbies on the beat would be an explosive mixture. He also said there would be fewer units to tackle serious and organised crime while cuts in support staff would saddle officers with extra duties away from the frontline.

In a report to his police authority, Mr Hughes says: “The reduction in prison places may result in prolific offenders living in our communities as opposed to serving time. We can anticipate an increase in unemployment. This will bring additional pressures on some individuals to commit crime. All this takes place against the backdrop of fewer police and staff able to provide support to communities.”

Locals trap locals.

2011-03-28T19:54:00.001+01:00

Police in Derby will issue speed guns to residents so they can measure the speed of passing cars in the local area. The Community Speed Watch project is a scheme to help people reduce speeding traffic through their communities. Speeding checks have often revealed that many drivers who exceed the speed limit are in fact local to the area where they are checked.

Well, well, well what 'av we 'ere then?

2011-03-28T19:35:00.001+01:00

Boothtown (West Yorkshire) residents chased a 21 year old suspected burglar from the scene of a break-in.
Unfortunately for the young man from Halifax, he fell down a 30foot well and had to be rescued by local firefighters after calling for help!

New 80mph Speed Limit?

2011-03-17T11:02:00.002Z

The Coalition has signalled it may allow drivers to drive at 80mph. The government may attempt, after public consultation, to turn the proposal into law before the parliamentary recess in the summer. The present speed limit dates from 1965 and some suggest that the figure was decided as it was the top speed that a 1960's Ford Anglia could manage as a typical family car. Part of the consultation will discuss whether the new limit should come into effect on all motorways.

The proposal finds support from the road safety campaign group Safe Speed. The group’s co- founder Claire Armstrong said: “To set it at 80mph is fair and reasonable as drivers are doing it any way.” “Research suggests that even if you set it at 90mph, you find people will still drive between 80 and 85mph.” Also in agreement with the plans is the AA.

In France and Italy the maximum speed limit is 81mph, while in Ireland and Spain the limit is 75mph. The economic benefit to the government of drivers spending their money on petrol. Apparently, we use 25 per cent more fuel at 80mph then we do at 70mph. Another factor in the mix is the decrease in revenue from speeding tickets.

Contrasting views:

Kelvin Clinton the head of road safety at the Royal Society for the Prevention of Accidents: “It would be a mistake to increase the limit on motorways because higher speeds would mean not only more crashes but more severe crashes.” “Higher speeds would also mean increased fuel consumption." Also against the move is the Parliamentary Advisory Council on Transport Safety, which has argued that an increase in speed will mean an increase in road accidents of between 5 and 10 per cent.

M23LAW would welcome any comments on this proposal.

Criminals to exploit cuts?

2011-03-14T20:24:00.001Z

The think tank Civitas reckons that the Government's 20 per cent budget cuts and pay review could encourage criminality. Criminals might perceive that police resources are stretched and be more encouraged to commit crime. This was based on a study of the 43 police forces in England and Wales.

Robbery in Crawley, West Sussex.

2011-03-14T20:13:00.001Z

A security guard was tied up and assaulted during a robbery at a business park in Crawley. The man was taken to East Surrey Hospital with facial injuries following the robbery at the Tilgate Forest Business Centre. Officers were patrolling the Brighton Road at 0210 GMT on Friday 11th. March 2011 when they spotted a suspicious vehicle. A spokesman for Sussex Police said: "They entered the park and disturbed two men at the rear of the premises. "The pair ran from the area on foot and the officers gave chase but were unable to find them." When officers returned to the business park, they found the security guard tied up inside the building.

Frank Lampard Accelerates.

2011-03-14T19:49:00.001Z

Chelsea and England footballer Frank Lampard has been banned for driving at more than 90mph on the A3 in Surrey. Lampard had admitted speeding in a 50mph zone in his Range Rover at Claygate at a previous hearing. Staines magistrates were told the footballer, who was not in court, was clocked driving towards London at 91mph in March 2010. He was banned from driving for 90 days and fined £850. Lampard was also ordered to pay £2,300 costs.

Police Officers Refused to attend Fatal Stabbing

2011-03-14T15:46:00.002Z

Two police officers who refused to attend an incident where a woman was stabbed to death have been disciplined. The Northamptonshire officers said they were too busy to attend a house near Northampton where Louise Webster, 40, was later found dead. Her partner Martin Ashby was jailed for life last week for her murder. An Independent Police Complaints Commission (IPCC) inquiry found that although the two were close by, another officer had to disarm the suspect. The officers have received final written warnings. The IPCC concluded the officers would not have been able to save Ms Webster but would have been able to detain the suspect, Ms Webster's partner Martin Ashby, who was convicted of murder last week and assisted those who remained in danger. Police received an emergency call at 0011 GMT on 18 January 2010 from Ms Webster's home where screaming and shouting could be heard and two minutes later it was confirmed that someone had been stabbed.

Pavement Sex only "Floor Play."

2011-03-09T16:11:00.001Z

This "Crazy Paving"case is similar to one that Andrew Parker represented on a few decades ago in South London:

A TEENAGER who tried to have sex with the PAVEMENT in a busy street claimed yesterday it was a drunken prank - and escaped being put on the sex offenders' list.

Motorists looked on in shock as Steven Marshall, 18, hauled down his trousers and started to simulate sex on the floor.
Marshall - drinking while taking pills for arthritis - also carried out a vile sex act in front of a horrified female taxi driver in Galashiels, Selkirkshire.
He admitted a charge of public indecency at Selkirk Sheriff Court and got 12 months probation.
Sheriff Drummond commented: "This was bizarre. Anyone who lies on the road in the daylight, is significantly intoxicated and is partially undressed has a problem."
But Marshall will NOT be put on the Sex Offenders' Register after Sheriff Drummond accepted the June offence "was not primarily sexually motivated".
Published: 18 Dec 2007 The Sun Newspaper.

Wig and Down - Descent in Court.

2011-03-09T15:19:00.001Z

Old Bailey Tuesday 8th, March: A Woolwich Crown Court judge, HHJDouglas Marks Moore, rugby tackled a sex offender to the ground as he ran out of the judge's door. He successfully prevented the defendant Paul Reid from escaping from court after Reid was giving evidence from the witness box during his trial. Two years ago this defendant successfully escaped from another court.
Andrew Parker of M23LAW has also had a client who smashed through the supposedly unbreakable glass around the dock in the soon to be defunct Sutton Magistrates Court in Surrey. A few days later, Andrew persuaded the client to give himself up. He received a year in custody, which is usually the sentencing norm for this offence depending on the circumstances.

ACPO

2011-03-09T14:53:00.001Z

The Association of Chief Police Officers is responsible for defining national standards and professional practice in key areas of policing. Standards and practice provide a framework which supports accountability, interoperability and improvement in working practices across the police service and its partners. In high risk areas of policing they help ensure consistency of approach, underpin training and business processes and thereby better protect the public. All standards and practice are agreed collectively by Chief Constables through ACPO Cabinet and Council before adoption. ACPO guidance and practice advice defines nationally agreed good practice for forces, but accountability as to whether to adhere to such guidance rests with chief constables who are operationally independent.
There is, for example, the ACPO Code of Practice for Operational Use of Road Policing Enforcement Technology. This has in recent years provided guidance for implementation and correct use of items such as radar and laser speed camera devices. It is currently in abeyance as it is being redrafted.

European Court of Human Rights.

2011-03-09T13:05:00.001Z

Just a little bit of information on the ECHR:

The court sits in Strasbourg and was formed against the backdrop of the Second World War. British jurists or lawyers contributed.

Our parliament passed the 1998 Human Rights Act giving British judges the ability to implement the ECHR in UK courts.

When cases reach Strasbourg, the panel of judges includes a British judge.

Andrew Parker and Paul Hedley-Saunders have taken a case all the way to the ECHR on the issue of entrapment by the press. This was when we acted for an actor who was caught in a News of the World fake sheikh "sting."

John Shannon (also known as John Alford) had supplied just over two grams of cocaine, worth about £200, and a small amount of cannabis resin worth about £40 on the same date to a News of the World journalist posing as an Arab sheikh in an elaborate stratagem designed to obtain evidence of drug offences against him.

We attempted to exclude all the prosecution evidence on the ground that it was agent provocateur evidence unfairly obtained contrary to section 78 of the Police and Criminal Evidence Act 1984 which deprived the appellant of a fair trial guaranteed by article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

M23LAW believe in the ECHR as we feel that on balance it has helped protect the rights of all Britons.

Around 700 police officers in Wales are off sick or on reduced duties

2011-03-09T10:56:00.000Z

Almost one in 10 police officers in Wales is either on sick leave or carrying out limited duties, according to new figures. Around 700 of 7,422 officers are unable to perform full duties, with 162 on long-term sick - 28 days or more. The Taxpayers Alliance in Wales said the figure was too high. But the Police Federation of England and Wales, which represents officers, said policing was a "contact sport" where injuries were possible. The figures have been compiled from Freedom of Information requests by the BBC Wales news website to the four Welsh forces. Steve Williams, secretary of the Police Federation in Wales, said: "Policing is very much a contact sport for want of a better term. "It very often involves violence and can lead to injury.' But Lee Canning, of the Taxpayers’ Alliance in Wales, said he believed the one-in-10 figure was too high. And he said he was concerned about the amount of bureaucracy involved before officers could return to work after an injury. The figures suggest North Wales Police has the lowest proportion of officers on sick leave or restricted/recuperative duties - one in 15. For the other forces in Wales, the figure is around one in nine or 10 officers. North Wales Police also has the fewest number of officers on long-term sick leave, despite having more officers than Gwent and Dyfed-Powys. The figures mostly relate to 21 January this year, the date the request was made to the forces.

Speed Trap - £1 million failure

2011-03-05T18:42:00.000Z

An average speed system on the A 537 in the Peak District between Macclesfield and Buxton has failed to lead to a single prosecution! The system cost almost a million pounds and measures average speed. It was installed after many fatal accidents on this road.Motorists have cheated the system by using shortcuts and the scheme may now be scrapped.

Secret court forced to open doors in custody battle

2011-03-02T13:12:00.001Z

A father’s struggle to be allowed to care for his autistic son made legal history yesterday when a judge ruled that the story of his ongoing battles with his local council could be made public.

Mark Neary attracted a wave of public sympathy when it first became known that the council had separated from him from the son he had been looking after for 20 years. But after the initial outcry, silence descended over the case when Hillingdon Council took it to the Court of Protection.

These courts, which deal with very vulnerable people, very rarely allow any of their proceedings to be reported. But a media campaign produced a breakthrough yesterday when Mr Justice Peter Jackson ruled that the press would be allowed into the hearings that would determine Steven Neary’s future, and could report details of the case.

Mr Neary's mistake was to turn to Hillingdon Council in December 2009 when he was suffering from flu-like symptoms. He asked them to take his son into a residential care home, supposedly for just three days to give him respite. The 20-year old's behaviour deteriorated and social workers suggested that he should be moved to a specialist behavioural unit. His father agreed. One night in April, Steven escaped from the council home in his pyjamas, met a Vicar on the street, removed his glasses and threw them on the ground. Hillingdon Council’s response was a Deprivation of Liberty Order, under which Steven was allowed home for only two hours at a time and was barred from staying overnight.

Two court hearings still have to be held. The first will consider an allegation that Hillingdon Council acted illegally by deprived by the youth of his liberty. There is also a hearing into his future care arrangements set for Monday.

Please remember that M23LAW has acted for many suspects and defendants who fall within the autistic spectrum, such as Aspergers.

Liberty and Kettling.

2011-03-02T13:01:00.000Z

Liberty asked to observe policing of anti-cuts rally

Civil liberties campaigners have been asked by police to act as legal observers at this month’s anti-cuts march, following heavy criticism of “kettling” at recent demonstrations.

The rally in central London on 26 March – three days after the Budget – is expected to attract at least 200,000 marchers in the biggest trade union show of strength for decades. In an unprecedented move, Scotland Yard and the TUC have invited Liberty to monitor the march to ensure policing is safe and proportionate.

The move follows anger over the use of kettling – confining marchers to one area for hours – during the G20 demonstrations of 2006 and last year’s student tuition fee protests.

Please see Andrew's blog of 7th. December 2010.

Bury St Edmunds Magistrates Court.

2011-02-28T16:37:00.000Z

Using a mobility scooter while more than three times the drink-drive limit landed a pensioner in court.

David Hutchinson had been drinking the night before to celebrate his 65th birthday.

He admitted a charge of being drunk in charge of a pedal cycle at Red Lodge when he appeared before magistrates at Bury St Edmunds.

As the mobility scooter is not classed as a mechanically propelled vehicle, he was prosecuted for being drunk in charge of a bicycle. The court heard that at the time of the offence, Hutchinson was already the subject of a suspended prison sentence for driving a car while disqualified and with excess alcohol.

Magistrates extended the period of his suspended four-month prison sentence by three months, ordered him to pay a £75 fine and £100 costs

Guide to shoplifting?

2011-02-22T18:14:00.001Z

Students have published a "guide to shoplifting," which includes top-techniques on how to avoid CCTV and plead innocence if caught. The British Retail Consortium have branded the guide,which urges cash-strapped students to ignore moral concerns and follow it's guidelines, an irresponsible piece of writing. One of the editors has apparently responded by saying that the whole piece is merely satirical.

Stems from stem.

2011-02-22T17:59:00.001Z

New insights into neural studies tend to show that potential criminal and psychopathic behaviour may be predicted in children even as young as six months of age. Apparently traits within the brain that predict anti-social behaviour can be detected and used to determine whether a child is likely to commit offences in later life. It is still under research, but experts say it could be possible to carry out these somewhat controversial tests in the near future. Big brother and the potential end of the extensive court system?

Gender and vehicle insurance.

2011-02-21T14:44:00.000Z

Giant price changes are likely to happen if the European Court rule on the 1^st March to condemn insurers for charging different insurance prices according to gender. If such a ruling was passed, then gender will no longer be taken into account as much as it used to. Younger women, who pay less on average for motoring insurance than men, would find prices increasing massively. Younger men may experience a slight drop in premiums. However, gender could be a very variable factor in accounting for coverage, owing to the increased likelihood of certain illnesses in either sex.

Drink Driving 'Bill' Star.

2011-02-07T18:54:00.000Z

Louisa Lytton, better known as PC Beth Green in The Bill, found herself on the other side of the law when she was charged with drink driving. She was alleged to be under the influence of alcohol after going out in Central London on Saturday evening. She is due to appear in the magistrates court on February 11^th.

When to ignore the Sat-Nav directions?

2011-02-07T13:05:00.000Z

A four year old girl died in a car crash after the family Sat-Nav gave them instructions contrary to the road signs. Ariana Bardhaj was killed when her parent’s car collided with another on the A6. Parents Fernando and Trish Bardhaj said they hadn’t seen the ‘no right turn’ signs when they turning onto station road.

Ariana died of multiple injuries She and her brother were sitting in the back of the family's Vauxhall Astra when it collided with an Audi A5. The Audi struck the back passenger door where Ariana was sitting. A Greater Manchester Police officer told the hearing:

‘They were following a Sat-Nav that told them to turn right, however there’s plenty of signage saying ‘no right turn.'

The Sat-Nav did carry a warning telling motorists to follow road signs. However, the learner driver Mr Ariana (who had just taken over the driving from his wife) apparently ignored these warnings.

Villa player lacking a defence?

2011-02-07T12:29:00.000Z

Aston Villa defender Richard Dunne has been banned from driving after ignoring a no entry sign and driving the wrong way down a one way street.

Magistrates were informed that he had already ‘totted up’ nine points on his licence and told him he would be disqualified from driving for six months. Dunned pleaded guilty last month telling the court he had been ‘very apologetic’ and pulled over immediately when he was stopped by an unmarked police car. In mitigation it was said that the 31 year old was trying to find a place to park his Range Rover and that the traffic on the road was ‘light to medium’. Dunne was ordered to pay a £333 fine.

Policing after dark - too dangerous?

2011-02-07T12:12:00.000Z

A police chief from Cambridgeshire was put under heavy fire when he banned his officers from going to a local children’s playground when it is dark because ‘it might be too dangerous’. Residents in the local area have complained that troublemakers hanging around the area have made it ‘off limits’ for years. Inspector Andy Sullivan told councillors that the £1m adventure playground was still ‘like a building site’ with no lighting. Town councillor David Wheeler described the inspector's stance as ‘potty.' He went on to say:'Policing is policing – it should be 24-7, wherever it is.'
Andrew reckons that with the decrease in the ranks caused by budget cuts, perhaps nocturnal police promenades will be as rare as red squirrels in your local woods.

M25LAW

2011-01-28T17:27:00.000Z

M23Law act on cases throughout the M25 area. We regularly attend all London police stations and courts. The M25 motorway has proved to be a constant source of cases and we often act for lorry drivers, hard pressed reps and bikers confronted with the law. It is not always a car park!

The level of representation can be tailored to meet your specific requirements. We are able to offer:

An initial consultation either at our offices or over the telephone.
Ongoing case management and representation on an administrative basis.
Representation at the police station level.
Representation at court at every stage in proceedings. Representation can be either by one of this firm's solicitors or one of our selected barristers.

We are able to offer private representation for all areas of this specialist work. Legal aid might be available in a limited number of cases.

Please call 0844 2640 999 for further information.

Ride a motor bike? Think M23LAW, The Biker's Brief. Visit our motor bike section here.

Football

2011-01-28T17:17:00.000Z

This firm has a long history of representing individuals and groups charged with football violence and similar matters. Our Mr Parker has attended police stations on these cases as far afield as Doncaster to Hereford. Indeed, he once represented ten fans from a football league team who got arrested under the Public Order Act 1986 and after a lengthy Crown Court trial, 8 of the 10 defendants (who all stayed as our clients) were found not guilty.
We have experience of dealing with Banning Orders under Section 14(a) of the Football Spectators Act 1989 and we have had many calls to represent clients during the current World Cup. Most of these were under the Offences Against the Person Act 1961, Criminal Justice Act 1988 or Public Order Act 1986. Interestingly, most involved copious amounts of alcohol, which generally speaking is no defence in English law, as it leads to a self-induced state.
Our facial mapping experts have been used to great effect in public order violence cases, such as the Bradford riots were we acted for the apparent ring leader.
M23Law (Hedley-Saunders & Co) are a leading independent firm of solicitors, specialising in all aspects of motoring and criminal law. We regularly deal with all areas of Road Traffic law, ranging from speeding, drink driving and careless / dangerous driving. We mainly operate throughout London, Sussex, Surrey, Kent, Essex, Berkshire and Hampshire. Our lawyers are authorised to deal with all criminal matters ranging from major murders to minor thefts. If the case is serious or we are privately instructed, we are able to act on cases throughout England and Wales

We operate regularly in the London, Sussex, West Sussex, East Sussex, Crawley, Horsham, Surrey, Kent, Berkshire, Essex, and Hampshire area.

RSPCA Cases

2011-01-28T17:16:00.000Z

M23LAW and defending RSPCA animal welfare prosecutions.
Cases relating to animal welfare and animal cruelty raise intense emotions in the general public when compared to other more common offences such as shoplifting. The Press and TV often exacerbate the whole affair and we have experience of weathering the media firestorm on behalf of our clients. Whether the case results in a conviction or not, the defendant is often the victim of abuse or a hate-campaign. It is therefore important to us to minimise the publicity and ensure the case is dealt with as quickly and efficiently as possible.

Both action and omission can result in prosecution and an intention is not necessarily required.
There seems to be much public confusion regarding the powers of the RSPCA. The public and any individual suspect needs to be made aware of what powers the RSPCA do have and know that it is only the police that have powers of entry, arrest and seizure. Individuals are not obliged to answer any RSPCA questions. It is important that a suspect is advised by M23LAW before he undertakes any interview if possible.
We often feel it is advisable to utilise one of our experts in addition to, or in place of, the client’s own vet.
M23LAW advises our clients with animals to keep good records of animal illness and any veterinary advice given or instructions which they are following.
Knowing what the correct standard of care is for a certain species may be difficult and again at M23LAW we utilise the great depth of knowledge of our experts in this regard.
Funding: legal aid may not be available, however witnesses may be paid out of central funds (Government coffers). However, given the current financial conditions, this might be the subject of review. At M23LAW we mainly act on a private basis in these cases. Caution

It is most important that anyone under suspicion contacts one of our advisers a.s.a.p. Interviews under caution (Police and Criminal Evidence Act – PACE) often take place in the suspect’s home location, inquiry office, police station or similar premises.
Our strong advice is to have one of our lawyers present in order to safeguard the suspect’s interests. We often find that clients come to us for help when they have already been interviewed and “damage done.”
Remember that we defend all over England and Wales.

Farming and Environmental Law

2011-01-28T17:04:00.000Z

M23LAW are able to represent and assist with the following types of cases:
DEFRA – Department of Environment, Food & Rural Affairs. Central Government.
Responsible for policy and regulations on the environment, food and rural affairs.
Previous cases include: damage to the resting place of any animal species, ‘baiting’ wildlife with aggressive animals (e.g. dogs), dealing with endangered species, egg collecting, damage to sites of special scientific interest.
We also defend: obstructing/providing false information to officials investigating whether the regulations are being held, causing unnecessary suffering to any animal, not ensuring the welfare of animals under their care (also neglect), keeping an animal tethered without good reason, not providing a suitable diet/environment, selling/buying/winning animals below the minimum age (16), not disposing of waste products correctly...
Local Council (See below for the specific Trading Standards matters)
Previous cases include: failure to wear badges/ID, driving without insurance/failing to provide insurance documents when asked, using/obtaining fake ID, intent to set up a bank account under a false identity, plying for hire when not an official taxi driver, carrying on a business in contravention to licenses, insanitary premises in an eating establishment/supermarket.
We also defend: fly-tipping, abandoned cars, vandalising, too much noise, benefit fraud, parking penalties, Dangerous Dogs Act and dog fouling, overloading vehicles, providing imitation goods (e.g. fake Gucci clothes), money-lending without a license, blackmail, failing to ensure health and safety of employees, chopping down trees in a conservation area, providing cigarettes without health warnings, illegal raves...
Trading Standards
Aims to encourage honest enterprise and business and helps safeguard the economic, environmental, health and social well-being of consumers.
Previous cases include: prosecution for selling an un-roadworthy car, supplying unsafe electrical equipment, false advertising, obtaining/attempting to obtain money by deception, failure to provide particulars when asked, supplying rented accommodation with equipment that does not conform to safety standards, providing food past its use by date/obscuring the use by date.
We also defend: provision of alcohol ( & cigarettes, offensive weapons, fireworks, solvents etc) to those under 18, underage possession of cigarettes/alcohol, practicing unfair business practices, failure to provide notice of the customer’s right to cancel...
M23LAW has a background of successfully representing clients in these areas. For example, we have had many calls to represent farmers under investigation by Trading Standards. Our recent cases in Surrey and Sussex have included ‘Failure to dispose of carcasses without delay’ and ‘illegal burning.’
Caution
It is most important that anyone under suspicion contacts one of our advisers a.s.a.p. Interviews under caution (Police and Criminal Evidence Act – PACE) often take place in the suspect’s home location, council office, police station or similar premises.
Our strong advice is to have one of our lawyers present in order to safeguard the suspect’s interests. We often find that clients come to us for help when they have already been interviewed and “damage done.”
Remember that we defend all over England and Wales.

Biker Friendly

2011-01-28T17:02:00.000Z

We are a 'Biker Friendly' firm! We act for clients from the motorbike community and our team spend time getting to know their particular needs by holding regular free clinics at various cafes in the South East. Recent contacts have been riding the following: Yamaha, Triumph, BMW, Ducati, Kawasaki, KTM, Suzuki, Honda, Harley-Davidson and even Piaggio!

Motorbikes have 6,000 accidents a day in Britain

'Motorbikes have 6,000 accidents a day in Britain and in the last month an incredible 10% of bikers have been involved in a crash.
One per cent of traffic is down to bikers but they account for fourteen per cent of road deaths and serious injuries. 472 were killed in 2009.
We at M23LAW recently attended a venue for bikers, in conjunction with the police Safer Roads campaign. Highways Agency Biker Safety Packs were handed out and free advice was given by our Motoring Law team.'
Taken from the M23LAW blog: http://m23lawnews.blogspot.com
M23Law (Hedley-Saunders & Co) are a leading independent firm of solicitors, specialising in all aspects of motoring and criminal law. We regularly deal with all areas of Road Traffic law, ranging from speeding, drink driving and careless / dangerous driving. We mainly operate throughout London, Sussex, Surrey, Kent, Essex, Berkshire and Hampshire. Our lawyers are authorised to deal with all criminal matters ranging from major murders to minor thefts. If the case is serious or we are privately instructed, we are able to act on cases throughout England and Wales.
Speeding biker Motorcyclist arrested Motorcyclist arrested in sussex Bike speeding surrey Arrested

Criminal

2011-01-28T16:59:00.000Z

We are an independent and flexible firm of specialist criminal defence lawyers. Representatives (Barristers including Queen's Counsel), Solicitors and Paralegals are part of our team. It is our primary objective to advance and protect the interests of our clients.
This is irrespective of religious beliefs, race, age, political or sexual orientation.

We advise and represent clients of all ages on many criminal cases in England & Wales. This includes police stations and airport custody suites. Also Youth, Magistrates and Crown Courts. We are able to take cases to the Court of Appeal, the Supreme Court and even the European Court of Human Rights (R v Shannon [2001] & Shannon v UK [2005]).

We provide an extensive, independent and professional criminal defence service 24 hours a day, on either a Legal Aid or a private basis.
M23Law (Hedley-Saunders & Co) are a leading independent firm of solicitors, specialising in all aspects of motoring and criminal law. We regularly deal with all areas of Road Traffic law, ranging from speeding, drink driving and careless / dangerous driving. We mainly operate throughout London, Sussex, Surrey, Kent, Essex, Berkshire and Hampshire. Our lawyers are authorised to deal with all criminal matters ranging from major murders to minor thefts. If the case is serious or we are privately instructed, we are able to act on cases throughout England and Wales.

We operate regularly in the London, Sussex, West Sussex, East Sussex, Crawley, Horsham, Surrey, Kent, Berkshire, Essex, and Hampshire area.

Flashing the van - Obstructing the police.

2011-01-27T20:29:00.005Z

Published: 04 Jan 2011

The prosecution of Michael Thompson 64, of Grimsby, Lincs, for wilfully obstructing a policewoman in the execution of her duty on July 21 last year ended in his conviction after a trial. He flashed his headlights about seven times to warn oncoming drivers heading towards Grimsby and so was pulled over by the police.

Mr Thompson felt it was his "civic duty" to warn other drivers of the mobile speed cameras ahead. The trial, which took half a day at Grimsby Magistrates Court, cost the Crown Prosecution Service at least £250 and three police officers were in court for much of that time.

We question the need to prosecute in these circumstances and M23LAW would relish the chance to represent on similar cases in England & Wales.

Segue Trial Bike into Segway. South London Magistrates Court.

2011-01-27T17:12:00.003Z

We recently successfully defended one of our clients who had been charged with driving whilst disqualified and also driving without insurance.This related to a scrambler/trial bike and what is construed as a road. These types of cases are tried in the Magistrates Court and this was a private instruction to M23LAW.

We took legal points in relation to both charges. In relation to the driving whilst disqualified matter, we successfully argued that as our client had driven on a park / field rather than a road, no offence had been committed. After research, we cited relevant authorities or previously decided cases in support of our contention.

In relation to the no insurance matter, we argued that as the Honda C80 scrambler/trial bike had been manufactured for off road use only, it fell outside the prevailing legislation. It was agreed that in order to commit an offence of driving without insurance, the motor vehicle had to be intended / adapted for use on roads.

A very happy client walked away from court, having had both charges withdrawn.

Contrast this with the following recent case:

Segways banished to ‘private land’ after landmark case at Barnsley Magistrates Court

Earlier this week, Segway user Phillip Coates received a £340.00 financial order for ‘wilfully riding a motor vehicle, namely a Segway, on a footpath by the side of a road, made or set apart for the use / accommodation of foot passengers’.

District Judge Michael Rosenberg ruled in January 2011 that Segways fell under the definition of ‘motor vehicle.' As a result, their use on footpaths has been effectively outlawed.

We would like to take a similar case to the higher courts, to have this use clarified.

However,it looks like those of you who were considering a Segway as an alternative mode of transport will, for the time being, have to reconsider! Back to the good old pushbike?

Helpful Definition:
The Segway PT is a two-wheeled, self-balancing electric vehicle invented by Dean Kamen. It is produced by Segway Inc. of New Hampshire, USA. The name "Segway" (/ˈsɛɡwej/) is a homophone of "segue" (/ˈsɛɡweɪ/) (a smooth transition, literally Italian for "follows") while "PT" denotes personal transporter.

Computers and motors in the base of the device keep the Segway PT upright when powered on with balancing enabled. Users lean forward to go forward, lean back to go backward, and turn by using a "Lean Steer" handlebar, leaning it left or right. Segway PTs are driven by electric motors at up to 12.5 miles per hour (20.1 km/h). gyroscopic sensors are used to detect tilting of the device which indicates a departure from perfect balance. Motors driving the wheels are commanded as needed to bring the PT back into balance.

(source: Wikipedia)

If you have a problem with the authorities in regard to any such allegations as mentioned above, please contact me. Geoff Wise, Solicitor.

Breaking and elevating: A tale of three cases.

2011-01-17T14:37:00.000Z

Two thieves intent on burglary in Cologne, Germany, called the police when they got stuck in the lift of the premises they were attacking.One of the burglars told the police: "This sounds really dumb, but I'm afraid that we wanted to break in and the elevator has got stuck!"
This reminds the author of two previous humorous incidents:
Firstly, I was called to represent a client who had climbed into a Home Counties police station. He had spent many hours in the police station canteen watching TV before being challenged. The police were so embarrassed that I was able to get the burglary allegation swept under the custody carpet and duly escorted my client to the official exit and freedom.
Secondly, there was the case of a burglar who was roof crawling in the night, intent on breaking into the licensed club premises below. However, he was never the best at geography or maths and he misjudged his movements and fell through the roof into the police station adjoining the club. He was greeted with open arms by the Metropolitan Police's finest!

China or Crawley?

2011-01-17T14:06:00.001Z

Think that justice is severe in Crawley and environs? A farmer in Henan Province of China was handed a life sentence for the heinous offence of evading paying motorway tolls.
His offences were compounded by his trick of fielding fake military insignia on his farm vehicles. This meant that he was exempt from the toll fees.
However, the judge and officials have been suspended following a public outcry over this pig of a sentence.

Students and Demonstrators - Anti Tuition Fees Protests.

2010-12-11T14:01:00.005Z

Andrew Parker, our Head of Criminal Law, had a busy night on Thursday 9th. December 2010. Students and young people were alleged to have been involved in the anti Coalition protests against tuition fees in Central London. This provided many challenges for Andrew as he endeavoured to provide representation and specific specialist advice. Thousands of students had set off from the University of London and many ended up being "kettled" outside parliament. As an aside, in recent years we have had students and interns from this prestigious university on placement with this firm.
Remember, M23LAW operate a 24 hour emergency service (07973803727) for suspects in criminal Investigations. This topically includes anyone alleged to have been involved in protests, marches or demonstrations. Our representatives have a wealth of experience and particularly in dealing with the Metropolitan Police.
We are experts in advising young (and not so young) suspects in any criminal investigation. Common offences are: Violent Disorder, Affray, Threatening Behaviour, Offensive Weapon/Bladed Article and Criminal Damage. Also, in the context of the scenes in recent weeks across England, potential prosecutions for Riot. No doubt the police and the CPS will be looking at Conspiracy charges, provided that they can obtain the necessary evidence.
CCTV evidence will be crucial and we at M23LAW are specialist solicitors in this area. Please note we were one of the leading law firms in defending in the Bradford Riots; we acted in a long jury trial for the so-called ringleader in Bradford Crown Court. We have particular knowledge of Facial Mapping techniques and in representing on Identification Procedures under the Police & Criminal Evidence Act, known as "ID Parades."
This experience has been used to good effect in acting for suspects in police stations throughout England & Wales over many years.
Increasingly, many clients select our specialist Private Cases Department for their own requirements.

Bikers and Speed Limits.

2010-12-11T13:19:00.001Z

The latest Department for Transport statistics reckon that over fifty per cent of motorcycles were driven above the speed limit on roads in Great Britain.
However, in 2009 the lowest number of new bikes were purchased since records began in 2001: 114,900.
Please note that M23LAW are specialist lawyers in the field of speeding offences, speeding fines and all other motoring (Road Traffic) offences. We act mainly in the South East, but in 2010 we have represented clients with cases all over England. Our busiest areas are the M23 Motorway (and the A23 also!) corridor and the whole of the M25 Motorway catchment. We routinely represent drivers and bikers in magistrates courts in London.
M23LAW, the Biker's Brief.

Trial without a jury.

2010-11-11T20:00:00.003Z

There will be an appeal before the Lord Chief Justice and two other Court of Appeal judges, sitting at the Old Bailey for security reasons. The issue is as to the convictions being 'unsafe' following the first serious trial without a jury in England & Wales. It had taken place after the Court of Appeal ruled there had been a significant risk of jury tampering. It is to be noted that the trial was the fourth attempt to try the defendants Twomey, Blake, Hibberd and Cameron. Also, the trial apparently cost over 25 million pounds. Sentences ranged from life to 15 years. Jury trials have changed considerably during the author's decades of experience. One example is the abolition of peremptory challenges in jury selection, which are still in use in the USA and can be seen in many a movie.

Ageing drivers?

2010-11-09T19:41:00.000Z

Just a note to perhaps provoke debate:
The latest research indicates that drivers aged over 50 account for 32 per cent of all drivers. However, by 2035 this should rise to 40 per cent.
Will there be a concomitant 8% reduction in Road Traffic Accidents? Drivers and drivers huh?

Far-reaching anti-curruption laws to come into effect in April 2011.

2010-11-09T19:01:00.003Z

The Bribery Act is due to come into effect in April and is expected to cause alarm and distress among compliance and executive officers of companies.
The Bribery Act will introduce corporate offences such as failing to prevent bribery. In this type of case, individual company executives might face personal criminal sanctions if they are proved to have consented or connived in the offering or receiving of a bribe.
Companies and individuals may have to prove that adequate procedures were put in place to prevent bribery.
M23LAW are alerting their corporate clients in particular to this far-reaching legislation. We believe it is more pernicious in some respects than current USA legislation, such as the Foreign Corrupt Practices Act.
We are therefore gearing-up to advise and represent companies and executives who might wish to receive our specialist services. Please speak to Andrew for further guidance.

Successful defence of suspect under investigation by the Ministry of Defence.

2010-11-09T18:35:00.000Z

Our client was under investigation over recent months by Ministry of Defence officers. We cannot of course go into the nature of the Royal Navy inquiry but suffice to say it was quite complicated and involved a series of allegations. Our client was very relieved when we informed him of the successful outcome. He remains of good character and able to continue his nautical and educational career.
We were supported in this case by the Association of Teachers and Lecturers.

Undercover police bikers use hidden cameras

2010-10-15T18:44:00.001+01:00

Undercover police bikers are using hidden cameras in Sussex in order to gain evidence of Dangerous Driving and speeding offences.
Three defendants have pleaded guilty and received sentences for their dangerous driving:
Sean Robertson appeared at Hove Crown Court on the 7th. October. He was captured doing 90mph in a 50mph zone along the A22 on a Sunday. He almost caused an accident. He received an 18 months ban and required to do an extensive re-test, Also, 80 hours Community Service.
Richard Gilbert was at Brighton Magistrates Court for doing wheelies on his Suzuki bike on the A23. He was given a 12 month Community Order in order to do 250 hours unpaid work.
Claire Bunton appeared at Chichester Crown Court on the 1st. October. She had been seen weaving in and out of traffic in her Toyota Celica on the A24/A280. Speeds of 106mph were recorded in a 70mph zone. She was banned for 18 months and fined £2k.
So be extra careful out there guys!

Facebook Sexual Slurs

2010-10-15T18:20:00.000+01:00

An unemployed man, Colm Cross, pleaded guilty at Manchester Magistrates Court to leaving sexual slurs on Facebook members' walls. He even left obscene messages on the Facebook page of the late Jade Goody from Big Brother fame.
He was prosecuted under the rarely used Communications Act 2003. He is currently awaiting sentence.

Which way family justice?

2010-10-08T18:29:00.000+01:00

It could be worse. In Mozambique recently, two men over seventy were beaten to death by their own families.
Their crime? They were said to have been witches. Five of the family members were arrested and apparently admitted the killings.Fortunately or not, the lawyers at M23LAW (Hedley-Saunders & Co) can only represent suspects in England & Wales and were not practising back in the days when trials of alleged witches were common.

Failure to reveal a computer password to the police.

2010-10-08T18:16:00.001+01:00

Teenager Oliver Drage has been sentenced at Preston Crown Court ( where this firm has had cases in recent years) to four months imprisonment for refusing to reveal his 50 character encryption code to investigators. Oliver's computer was seized by the police after a PACE search of his address. He was not convicted of any other offence. The police have still not cracked the code and we at M23LAW reckon that there will be more prosecutions under the controversial Regulation of Investigatory Powers Act. We have had cases in our local county forces when our clients have also declined access and have avoided prosecution after many months of being on police bail. Apart from cases involving children and downloading, we feel that the State will use these wide ranging powers in the areas of illegal file sharing and insider dealing. The sentence could have been up to five years if 'National Security' was at stake.

Speeding in Sussex and the South East.

2010-09-28T11:46:00.000+01:00

Sussex police have been criticised this year for allowing foreign vehicles to exceed the speed limit without any penalty. Around 1 in 7 speeding foreign vehicles receive a fine, but the police have been unable to confirm if any of the fines were paid. The police have blamed these failings and massive loss of revenue (over £80,000) on lack of cooperation between countries and the fact that foreign plates do not show up on the DVLA database, making locating the owner of the vehicle much more difficult and time consuming. There is a similar issue with parking tickets being issued to foreign vehicles. However the story is very different for UK drivers who can expect a fine in the post for definite. Speeding foreign vehicles pose a dangerous threat to other road users and the problem will continue as long as this lack of effort and cooperation continues.

Earlier this year Sussex police were made to apologise and refund fines to around 200 people when they were found to be using unauthorised camera equipment. While obviously this is not permitted, the fact is that the device found these 200 people to be speeding, but they have avoided punishment because of bureaucracy. Again the focus doesn’t seem to be on the issue of road safety.

East Sussex County Council, like many councils across the south east have plans and schemes in place to tackle the issue of speeding and road safety. East Sussex promote community speed watch schemes and they fund laser speed guns. They provide mobile and static speed indication devices which warn drivers when they are exceeding the speed limit. They have reduced the speed limit in many villages from 40 to 30 and they are also promoting road safety in schools. Regularly school children can be seen on the high street with laser speed guns and local police officers learning about road safety and checking the speed of the local residents. Speeding is still a problem in many areas, and will schools programmes help the issue in the future?

Speed Cameras: People become accustomed to where cameras are situated and so drive slowly only where they know they may be caught. This has led to many cameras being put out of action (for example on the M20 in Kent) in favour of mobile devices. However many drivers rarely see these mobile devices – so are they really making a difference?

Novel Tactics: February 2010 saw the beginning of a new tactic to tackle speeding in Kent. Brenchly Parish councillors will confront reckless drivers after they have been stopped by police. But will such humiliating tactics improve the problem of speeding in the area and will similar methods be used elsewhere?

US style murder charges in the UK today?

2010-09-15T10:41:00.001+01:00

The proposed changes will introduce a three-tier system like that commonly seen by the British public on various American court dramas and sitcoms. There will be first-degree murder (mandatory life sentence), second degree murder (discretionary sentence) and manslaughter (with a maximum sentence of life).
The current law in the UK has been criticised for being unclear and lacking clarity in some cases and it is suggested that a three tier system will create a more easily understandable system as the seriousness of each case will be taken into account. However former Met Police Commissioner Lord Blair spoke on BBC Radio 4 and voiced his concern regarding explaining the differences between each tier to the public. The British public know the current system and many may not see any reason for change, holding opinions along the lines of ‘all murder is murder’ so why take into account the seriousness?
But how will these changes be brought in? The Law Commission recommended reform of homicide law six years ago and as yet no fundamental changes have been made to the system. It is unlikely that an overnight change of the law will happen and the government are planning a step by step change process. Will this lead to further confusion before we see the light at the end of the tunnel? And how long will it be before we can see the fruits of these proposals and learn whether change to the US system was the correct move for UK law? Only time will tell. These proposals have now been backed by two DPP’s; Barbara Mills QC and today by Keir Starmer QC.
Andrew Parker reckons that there will not be sufficient time or backing in parliament for this necessary and long overdue reform.

Travel in Europe?

2010-08-24T10:08:00.003+01:00

Watch out if you have a tendency to speed in Europe. This follows agreement by EU countries to share vehicle and driving licence information. There will be a new computer system to trace errant motorists, who will then receive a fine and licence endorsement when they return home to the UK. All 27 EU countries are expected to have signed up by August 2011. It is called The European Car and Driving Licence Information System and has already received the support of the DVLA. Also, France is installing new traffic signal enforcement cameras throughout the country. Happy continental motoring!

Be Smart or be fined!

2010-07-08T18:10:00.003+01:00

Be alert out there! Over 30 councils are using Smart cars with CCTV mast cameras and thus raising fines totalling over £8m. They are mainly parked near junctions and attempt to catch errant motorists using bus lanes or driving without due care and attention.
In the year which ended in March 2010, one hundred and eighty eight thousand motorists were caught this way. Revenue raising and the Big Brother culture?

Football violence

2010-07-08T18:04:00.003+01:00

Old Bailey Success

2010-07-05T11:23:00.001+01:00

We recently acted for a client at the Old Bailey and we successfully argued that the police had breached the Codes of Practice by not correctly recording evidence and, in fairness, putting significant items to the suspect during his crucial recorded interview at the police station. Our client was found Not Guilty.

The magistrates/youth court can no longer grant bail to a defendant charged with murder. However, this does not apply to attempted murder and bail may still be granted in the crown court.

On a Driving Whilst Disqualified case in Croydon recently, our lawyer successfully contested the prosecution on the basis that the location of the alleged driving was not in law a ’road.’ M23LAW has had many cases in this area of law.

An update on imprisonment:

2010-07-05T11:22:00.001+01:00

‘An update on imprisonment:

It costs around £45,000 a year to keep a youth in prison, £17,000 more than a place at Eton.

The Ministry of Justice admit that about 75% of children released from prison will reoffend within a year.

The prison population currently exceeds 85,000 people and the Justice Secretary Ken Clarke has had the courage to face up to reality and suggest that we need to drastically reduce this overcrowding. Even if probably driven by economic necessity, I applaud this sea change in government thinking. Let’s see how it pans out in the next year.’

Motorbikes have 6,000 accidents a day in Britain

2010-07-05T11:21:00.002+01:00

‘Motorbikes have 6,000 accidents a day in Britain and in the last month an incredible 10% of bikers have been involved in a crash.

One per cent of traffic is down to bikers but they account for fourteen per cent of road deaths and serious injuries. 472 were killed in 2009.

We at M23LAW recently attended a venue for bikers, in conjunction with the police Safer Roads campaign. Highways Agency Biker Safety Packs were handed out and free advice was given by our Motoring Law team.’

Legal Aid and Justice.

2010-03-29T13:35:00.003+01:00

An interesting equation?
The whole Legal Aid budget is the equivalent of just two weeks of the annual Health budget.
Depending on the outlook of the next government, we might be down to just two days.
What price justice? We once had a superb publically funded legal representation system. This limited the potential for miscarriages of justice and was the envy of many in other jurisdictions.
What value will be placed on an individual's rights and access to a properly funded public defence after May?
Watch this space.

Youth Custody - The Cost

2010-03-29T13:26:00.002+01:00

In March 2010 there were 2,195 children aged 10 to 17 held in Youth Custody in England & Wales.
The cost per child is up to £140,000 per annum. Six times more than to a top private school such as Eton.
Additionally, each detainee is more likely to reoffend and be unemployed later in life.

New Premises!

2010-02-23T20:09:00.004Z

We are pleased to announce that we have moved to more prestigious premises at Golf House, Horsham Road, Pease Pottage (by jctn 11-M23), West Sussex, RH11 9SG. Our contact details remain the same.
We have taken over and renovated to a high standard excellent ground floor offices in the West Wing of Golf House.There is a free capacious car park to the front and the rural setting is most convivial. Our Motoring Law expert and golfer Geoff Wise is like a pig in the proverbial, as we are nearly surrounded by a golf driving range and courses.
Furthermore, we have been hard at it redesigning our website and the fruits of our combined labour can now be viewed: www.m23law.co.uk
Please let us know your comments: help@m23law.co.uk

Legal Aid Restrictions at the Police Station

2009-07-27T10:21:00.004+01:00

Recent changes in Legal Aid at the police station level mean that if a detainee initially requests the Duty or local solicitor, it is very difficult to transfer Legal Aid to this specialist firm while the suspect continues in police detention. It is therefore important for our clients to nominate us as their solicitors to the booking-in officer on arrival in custody. However, we can always be asked to privately represent any suspect in England & Wales; subject to cleared funds. This is a 24 hour service and we believe it is a fundamental right for someone facing allegations to have their own solicitor of choice in the Police Station.

Legal Aid does not normally allow for the attendance by a lawyer at the police station on relatively minor matters. All that happens is that the suspect may receive telephonic advice from an appointed CDS agent. We disagree with this relatively recent restriction of individual choice of lawyer on Legal Aid. We believe clients should have unhindered access to our own lawyers.

Anyone can instruct us on a private basis for independent emergency advice and assistance. This is irrespective of the level of allegation and applies all over England & Wales.

Please also note that we do not use ex-police officers as our police station representatives.

Crown Court Trials - Success!

2009-07-27T08:39:00.002+01:00

We have just had successful outcomes as follows:

Manchester Crown Court:
We were defending a young lady in a big drugs case. She was one of seven defendants and we represented her right from middle-of-the night interrogations at the police station all the way to her Crown Court jury trial. There was a considerable amount of detailed preparation and we utilised the skills of one of our finest barristers.
Outcome: Our client was found Not Guilty but all the other defendants were convicted.
Route to case: Recommendation from a former client.

Lewes Crown Court:
We defended a middle-aged builder in regard to a serious dishonesty allegation.
Hedley had acted for him at the police station level and we instructed one of our best young London counsel for his trial. The jury were out about three hours.
Outcome: He was acquitted and has subsequently sent in a kind testament which we post in our Tributes section.
Route to the case: Recommendation from his South London family.

Comment:
We must stress how important it is for this firm to be contacted at the earliest stage of a case. Suspects need our independent advice and assistance.We run a 24 hour emergency service.

Pay Fever Season and the Honourable Members.

2009-05-23T10:58:00.007+01:00

Just some thoughts about the current insights into the behaviour of our beloved MPs.
The standard responses from our chosen ones is that the claims were 'Inadvertent,' 'Accounting mistakes,' or 'Genuine errors due to work pressures.' Bless.
To somehow atone for any misdemeanour, noughty cheques and apologies are dispensed before the massed ranks of the encircling media. Any resulting prosecution? Bless.
Now picture the scene in your local constituency branch of the Bill as the long -in-the-tooth CID officer hears my hard pressed businessman client rattling off the same litany of honourable excuses in a minor fraud inquiry. Even offering to pay back any oversights?Any resulting prosecution? Hmm.
Or picture the Benefits Fraud single parent up before the DSS for systematic periodical false claims. But perhaps she has not got an old coots cheque book in her kitchen drawer to ameliorate matters. Any resulting prosecution? Hmm.
The Victorian Honorable fellows tried many a method to stop the stench of the then polluted Thames upsetting their lifestyles. Curtains were closed and doused. Only a grand scheme of sewer building cleared the air.
Now the prevailing smells seem to emanate from inside the House. Would Health & Safety allow an internal cesspit in 2009? Or should the original Thorney Island on which it sits be moved out towards Gravesend? Hmm.
Enough ranting, it's a Sir Freddie's Bank Holiday weekend. The sun is bursting through the ozone and the hounds need to lift and squat.
Later.

DNA profiles and Big Brother.

2009-05-20T19:52:00.004+01:00

We have had many cases where clients are not proceeded against in a court of law (possibly cautioned) or are subsequently acquitted. The keeping of DNA profiles from these individuals on the National Database has been the subject of direction from the European Court of Human Rights in 'S and Marper v UK.' Blanket retention of these samples was said to be unlawful.The government make reforming suggestions in their Home Office consultation paper 'Keeping the Right People on the DNA Database.' Basically kept as follows:

Arrested but not convicted for minor offences: 6 years.
Arrested but not convicted for serious sexual or violent offences: 12 years.
One minor admitted offence by a child (10 to 18 years): until 18 years.

Contrast this with the law in Scotland and the rest of Europe that are building their more modest or targeted databases.
I have one prominent case in mind whereby a 15 year old client of good character in London came to me by recommendation. Arrested for the first time and I believe manifestly innocent of an allegation of rape. He was interrogated at length by the police in the presence of his parents and myself. After many beneficial inquiries he was not proceeded against and yet he has to have his DNA and fingerprints kept by the State for the rest of his life. Is this proportionate and fair or an invasion of his civil liberty and the right to a private life?
DNA profiles. A presumption of guilt or a useful and crucial investigative tool, leading to the solving of many serious crimes that would not otherwise have come to light? Where do you stand on this crucial issue?

Prison - The answer?

2009-05-20T19:17:00.002+01:00

The total prison population as at February 2009 was 82,586. Over twice as many as were incarcerated in the mid-nineties.Twenty prisons now routinely hold over a thousand inmates.Many are two to a cell built for one or three to a cell meant for two. And very little attempt at rehabilitation; merely containment.
One major cause has been the Criminal Justice Act 2003, which created indeterminate sentences. This basically means that a prisoner has to serve a minimum period and thereafter can only be released by permission of the Parole Board. This organisation cannot cope with the number of applicants. There is consequently a log-jam of detainees needing to be assessed and possibly released under supervision back into society.
Many of our prisons are rife with drugs and bullying. Note the Chief Inspector of Prisons comments published today about a Victorian gaol that I have visited, namely Parkhurst.
Is this country really so different from other Western European democracies that imprison fewer of their citizens by a percentage of their populations? Do increasingly longer sentences work? I think not.

ACTIVE PACE - Effective representation at the police station level.

2009-05-20T18:50:00.003+01:00

We are very effective at representing clients all over England & Wales at the investigation stage ie: the police station level.Our figures for ending the case at the initial stage are of the highest recorded. We have trademarked this concept as ACTIVE PACE.
Our clients who opt for this professional extra service find it reassuring to know they have access to our experts during the currency of their case and for informed advice and assistance.
We have just finished assisting an elderly man accused of a serious historic sexual offence which he strenuously denied. The case was discontinued thanks to our efforts on behalf of this client; who incidentally found us via Google.
He then wrote in May as follows:
'Thank you for resolving my case successfully, your help and professionalism was outstanding. I would happily recommend your company to anyone.' D.F.
Please feel free to contact us to discuss this Fixed Fee service.

Miscarriages of Justice

2009-04-03T17:00:00.003+01:00

I started training in law way back in the seventies, when access to police stations to represent suspects was at the discretion of the police. This was prior to the Police and Criminal Evidence Act and proper custody procedures such as taped and not handwritten recordings of interrogations. Many was the time when I would be banging on the police station door trying to gain access to my client. As often as not, one was allowed in only after an interview and when the client then alleged "I've been fitted-up Andrew." Subsequent pleas of oppression or intimidation often fell on deaf judicial ears, until science lent a hand in proving notes could not have been made as the officers' claimed.
Time, legislation, decided cases and economics have moved on so that in 2009 we apparently have an extensive system of legal representation in police stations throughout England & Wales (but not Scotland). However differences in the 24 hour assistance caused by Legal Aid changes and the often unprofitable nature of this work has in my view been to the detriment of full and proper representation at this most crucial part of our justice system. I reckon that there will be an inevitable increase in the miscarriages of justice. Some more vulnerable, innocent individuals might end up with convictions and sentences based on incorrect procedures, exploitation by canny officers and the need to solve crimes expeditiously. 'Crimes solved' statistics come to mind and concomitant political pressures.
Our core belief at M23law is in proper representation at the police station level. It might mean travelling long distances or pernicious unsocial hours to defend a suspect's interests. Increasingly this is on a private basis due to the shortfall in Legal Aid. We have recently acted on cases as far north as Cumbria on a kidnapping and Greater Manchester on a serious indictable (Crown Court only) drugs conspiracy allegation.

Six Thousand Plus

2009-03-18T19:09:00.000Z

There are over six thousand new offences since New Labour came to power. Many never really came into common usage as they were poorly drafted and under-funded.
Of course all of us are supposed to know all these criminal transgressions as ignorance is no excuse!
Contrast with the 1861 Offences Against the Person Act and daily charges still of such offences as ABH and GBH.
A point or two to discuss?