Friday, 28 January 2011

M25LAW

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.




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

Football

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

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

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

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

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.

Thursday, 27 January 2011

Flashing the van - Obstructing the police.

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.

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.

Monday, 17 January 2011

Breaking and elevating: A tale of three cases.

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?

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.