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Last Chance Saloon to obtain legal aid for foreign nationals facing deportation (22 March 2013)

 

From 1st April 2013 the Legal Aid Sentencing and Punishment of Offenders Act will end legal aid for foreign national prisoner (FNP) deportation appeals unless they seek to argue deportation would be contrary to the refugee convention or be a breach of article 3 ECHR.

 

 

The Criminal Justice System and Mental Health Issues (13 April 2012)

 

A real case study


The defence of insanity is one which is rarely touched by Defence lawyers; it is raised in under one percent of criminal trials in the United Kingdom and only a quarter of those raised succeed. If a defendant has been charged with a criminal offence and there is any suspicion that that person is either currently suffering with mental health illness or was suffering from mental health illness at the time of the alleged offences; then there is a potential defence of insanity arising. The burden of proof is reversed onto the defence when insanity is raised. If the defence is successful at trial; the Jury must provide a special verdict of ‘not guilty by reason of insanity’.

 

 

What is White collar fraud? (26 March 2012)

 

Light-fingered staff in the workplace was at one time the main culprit, when it came to complaints businesses made about pens and A4 paper going missing. In recent years, thanks to the great advances in technology, theft in the workplace has reached new and unprecedented heights of sophistication and is proving positively catastrophic for many companies, especially those involved in the financial sector.

 

 

What is Money Laundering? (20 March 2012)

 

The idea behind money laundering is that criminals can effectively disguise the origins of the money they steal in one way or another. The criminal group generates an illegal profit and it is essential for their unhindered enjoyment of that profit that its origins be disguised in some way.

 

 

What is Bigamy? (15 March 2012)

 

In countries where monogamy is the normal practice, such as in the UK, bigamy involves entering into a marriage arrangement with someone whilst still being legally married to someone else, and is considered a criminal act. If a bigamous marriage was entered into abroad, under some circumstances it may be recognised in the UK for legal purposes.

 

 

Can I appeal a sentence of imprisonment? (30 January 2012)

 

Defendants convicted of any kind of sentence, including a custodial sentence, have the right to appeal against the decision. If a prisoner is convicted at the Crown Court, for example, they may launch an appeal against the sentence at the Court of Appeal, and they do this by completing form NG to the Crown Court concerned within a period of not more than 28 days.

 

 

ITS OK TO SWEAR AT THE POLICE – ISN’T IT? (18 January 2012)

 

There is an offence commonly referred to as a “S5 Public Order” as it relates to the section number of the 1986 Act from which it is derived.

The offence is committed when a person uses threatening abusive or insulting words or behaviour. The normal protocol for a police officer when he hears such words, would be to warn the person regarding their behaviour and if repeated, this often leads to an arrest.

 

 

Crown Court Bail – on what terms? By Kat Hacker (20 December 2011)

 

How do you prove after having made a successful bail application to the Crown Court, that your client has been granted bail? The answer, rather unbelievably, is ‘with great difficulty’.

 

 

Is stalking an offence? (24 November 2011)

 

The Protection from Harassment Act 1997 is commonly known as the ‘anti-stalking law,’ but it does not actually use the word ‘stalking’ and does not properly define what constitutes ‘harassment.’ It is, in the end, down to the individual court to decide whether the conduct in a particular case amounts to harassment.

 

 

What is cyber crime? (23 November 2011)

 

Given the seemingly unstoppable growth of the internet, there are ever more opportunities for using it for criminal purposes for personal gain. This is basically what Cyber crime is, illegal activity on the internet. There are numerous security risks that come with connecting up to a network and anyone with an internet connection, a decent PC and the right sort of knowledge has all they require for launching a career in software piracy, email espionage, credit card fraud and a whole raft of other illegal activities.

 

 

Is phone hacking a crime? (23 November 2011)

 

Intercepting someone else’s telephone calls is a criminal rather than a civil offence and can result in the imposition of a fine, a prison sentence of up to two years or both. There may also be civil actions involved in phone hacking cases, so the victims are able to sue the hacker for damages.

 

 

What are the consequences of carrying a knife? (22 November 2011)

 

In the UK, it is against the law to carry guns or knives and even carrying an imitation or replica gun is illegal. Anyone caught carrying, selling or buying such weapons is liable to prosecution, for example, it is against the law for a shop to sell a knife to anyone under 18 years of age; this includes even cutlery and kitchen knives. It is also illegal for a shop to sell an imitation gun to anyone under 18 or indeed to sell realistic replica guns to anyone at all. If you purchase any such item and you are in that age bracket you will be prosecuted and are liable to serve a prison sentence.

 

 

Am I eligible for legal aid at the police station? (21 November 2011)

 

If you find yourself being questioned by the police, at the police station or anywhere else, and whether or not you have been arrested, you are entitled to legal aid. Even if you have initially informed the police that you do not wish to see a solicitor you can subsequently change your mind at any stage. Legal aid is completely free and everyone is entitled to receive it when they are being questioned, whatever their savings or income level.

 

 

What is corporate manslaughter? (21 November 2011)

 

The worst sorts of corporate failures, in terms of efficient health and safety management can be effectively prosecuted by means of corporate manslaughter legislation.

 

 

Notable Criminal and Mental Health Cases (11 October 2011)

 

Represented a mental health patient who made admissions regarding historic murders and sexual offences. The case involved very complex issues turning on mental capacity at that time as well as this the specialist team included the foremost forensic psychiatrists in their field.

 

 

Vigilantes Groups – Heroes or Criminals by another name? (10 August 2011)

 

In the last few days there have been a series of damage to property, burglary over a number of major cities in the UK, most notably in London. The Metropolitan Police number approximately 3000 of those only a small number are qualified and trained in tactical support, namely riots.

 

 

Operation Withern London Riots of 6 - 8th August 2011- Have you been arrested? (8 August 2011)

 

Duncan Lewis has a 24 hour emergency crime number 07920 077 057. If you or anyone you know has been arrested or maybe arrested , don't delay but call us immediatley for free advice and assistance at the police station.

 

 

Notable Cases in Crime (11 July 2011)

 

Operation Overt was the largest operation to infiltrate what prosecutors said was a plot to murder people using liquid bombs on planes by using distilled concentrations of Hydrogen Peroxide masked as “Fizzy Drinks”.

 

 

The Price of Justice (31 May 2011)

 

We live in a democratic society where all citizens have the right to access justice and the right to a fair trial….don’t we? Unfortunately loss of funding to Citizens Advice Bureaus and the recent government plans set to reduce the legal aid budget by £350 million would suggest otherwise.

 

 

Double Jeopardy strikes again – the story of the grey bomber jacket and the multi-colured cardigan (31 May 2011)

 

The emergence of new scientific evidence has resulted in the re-trial of two men previously acquitted of the murder of Stephen Lawrence. The 800 year old Double Jeopardy Rule preventing a person from being tried for the same crime twice was abolished 6 years ago in April 2005.

 

 

Stolen to order (31 May 2011)

 

This case involved an organised gang, who stole cars to order over a relatively wide geographical area covered, between March/April 2011.

 

 

Care Less in the Community - Why Care in the Community isn't working (7 March 2011)

 

We in crime, continue to deal at ever increasing rates with individuals who have mental health difficulties but are living within the community. Regrettably the support systems that are supposed to be a primary care point for them appear to be failing everyone.

 

 

Legal Challenges for the New Government (7 March 2011)

 

The new government can expect nothing but challenges in the coming months in terms of immigration, tax, the economy and banking reform. In terms of criminal law then what is in the national interest?

 

 

Prisons within Prisons (7 March 2011)

 

A prison designated with "units" designed to house the worst criminals and those with the highest risk of escape features as the most stringent form of detention in our prison system. These prisons are more commonly referred to as ‘super-max’, and as its name suggests seeks to ensure that the most dangerous criminals and those who pose the greatest threat to national security do not escape these walls.

 

 

What is the price of an Acquittal? (29 November 2010)

 

Convicted defendants (and their partners) are facing higher, in some cases ruinous, legal costs. But what about those acquitted? Naturally, they do not have to meet the costs of their prosecution, but what of their own costs?

 

 

Reducing the prison population (29 November 2010)

 

The government has announced plans to try and reduce the prison population by reviewing sentencing policy and stopping short custodial sentences. Coupled with this will be a reduction in funding for the probation service whilst at the same time paying private firms and groups according to how many prisoners they rehabilitate. The aim they say is to turn criminals into law abiding citizens.

 

 

Youth Offenders (29 November 2010)

 

The Home Secretary, Teresa May recently said “We need to make anti-social behaviour what it once was, unusual, abnormal and something to stand up to, instead of what it has become frequent, normal and tolerated…it is time to move beyond the ASBO.”

 

 

Two more qualify as Crime Duty Solicitors at Duncan Lewis (11 November 2010)

 

Duncan Lewis is happy announce that Crime Solicitor Andre Crump and Duncan Roberts, both based at Duncan Lewis Hackney Branch have recently become Crime Duty Solicitors.

 

 

New Crime Practice Manager, Ian Powell to join Duncan Lewis in January 2011 (22 October 2010)

 

Duncan Lewis is pleased to announce the appointment of Ian Powell to join us as the Crime Practice Manager at Duncan Lewis from 4 January 2011.

 

 

Six Crime freelance consultants join Duncan Lewis from AP Law (13 October 2010)

 

Duncan Lewis is happy to welcome six crime freelance consultants to Duncan Lewis who have all joined us from AP Law.

 

 

DL awarded Crime contract in Shepherds Bush-Baljit and Sioban will set up a core dept there in July 2010 (1 July 2010)

 

Duncan Lewis’ ever growing Crime department is set to expand further. The Legal Services Commission (LSC) has awarded a Crime contract for their office in Shepherd Bush.

 

 

Crime Duty Solicitor Stacey McAdam joins Duncan Lewis (6 April 2010)

 

Stacey qualified as a Solicitor in 2004 and joined Duncan Lewis in April 2010 specialising in Criminal Law.

She has gained Police Station Advisor Accreditation as well as the Magistrates Court Duty Accreditation and joins Duncan Lewis as a Qualified Duty Solicitor.

 

 

Crime Duty Solicitor Siobhan Knight joins Duncan Lewis (25 January 2010)

 

Siobhan joined Duncan Lewis in January 2010 and is a Criminal Solicitor based at the Clapham Junction office.

 

 

Failed Property ‘Try On’ May Be a Crime (1 September 2009)

 

An appearance in the criminal court may await a property owner who tried to be too clever with his local planning department

 

 

Incarceration Does Not Bring Compensation (1 September 2009)

 

In an unusual case, the House of Lords has confirmed that a person cannot benefit from their own wrongdoing

 

 

Use of Bank Account Amounts to Criminal Conversion (1 September 2009)

 

A man who allowed his bank account to be used to lodge funds that amounted to criminal property was guilty of the crime of converting criminal property

 

 

House of Lords Confirms Age of Criminal Responsibility is Ten (1 July 2009)

 

The House of Lords has ruled that changes in the Crime and Disorder Act 1998 mean that lawyers who are defending children aged ten years or over who are charged with a crime cannot use the defence that children are incapable of committing a crime

 

 

Right of Silence is a Personal Right (1 March 2009)

 

In a significant decision, the court has ruled that a defendant in criminal proceedings cannot rely on the ‘right of silence’ to refuse to give up a password which will allow access to encrypted information held on his or her computer.

 

 

Speeding Drivers to Face Double Penalty Points (1 February 2009)

 

Jim Fitzpatrick, the Transport Minister, has set out new guidelines on penalties for speeding in a Road Safety consultation paper.

 

 

What is Self-Defence? (1 July 2008)

 

In principle, the notion of self-defence is straightforward. A person is entitled to use reasonable force to defend themselves against attack and in certain other circumstances.

 

 

In Brief The Value of the Proceeds of Crime (2 June 2008)

 

When assessing the value of something for the purposes of making a confiscation order, the way the figure is arrived at is of importance, not least to the criminal whose assets are being seized.

 

 

Proceeds of Crime - The Burden of Proof (30 July 2007)

 

The civil (as opposed to criminal) burden of proof is that of the ‘balance of probabilities’ – whether something is more probable than not.

 

 

Proper Accidents (28 July 2007)

 

The Court of Appeal has dismissed a £150,000 damages claim brought against the Royal British Legion by a woman who broke her leg when she fell into a hole in a patch of village green where a maypole used to be placed.

 

 

Revised Proposals on Murder (22 July 2007)

 

Under the current law, the offence of murder is committed when a person kills with intent or where death is the virtually certain outcome of their behaviour and they are aware of that. It is also murder when a death results from causing serious bodily harm with intent. A conviction for murder can currently be reduced to one of voluntary manslaughter where a defence of provocation or diminished responsibility (where the crime is committed when the person is not fully responsible for their actions) can be made out or where the death was part of a suicide pact.

 

 

Animal Welfare - Government Raises the Bar (14 July 2007)

 

Although not widely publicised, new legislation is coming into effect which will make it an offence for a person responsible for animals not to take reasonable steps to make sure that their needs are met. It may be surprising that this is new law, but the position in England prior to 6 April 2007 (the end of March in Wales) is that the law only comes into play in most cases when an animal has been subjected to cruelty.

 

 

Customs Right to Seize Goods (9 July 2007)

 

Most travellers know that large quantities of cigarettes and tobacco can be brought back to the UK from another EU country, provided duty and tax have been paid on them in that country and they are for personal consumption only. In this context, personal consumption includes gifts to family and friends.

 

 

Death by Dangerous Driving (30 June 2007)

 

A recent Court of Appeal decision dealing with appeals against sentences by six drivers found guilty of causing death by dangerous driving has provided assistance in ascertaining the length of sentence that is likely to be imposed in such cases.

 

 

Fraud Act 2006 (22 June 2007)

 

Recent reported increases in fraud (reports by accountants BDO Stoy Hayward and KPMG both indicate a rapidly increasing problem) will focus the minds of business managers on this issue. Fortunately, there is a new weapon against fraudsters – at least those whose frauds are detected – in the form of the Fraud Act 2006.

 

 

When The Police or Courts Are Involved, You Need Specialist Criminal Lawyer (10 June 2007)

 

Police and courts are nightmares to most of us. We always try to avoid issues related to police and courts. Keith Richards quotes, “I’ve never had problem with drugs, I had problem with police”. This view is shared by the majority.

 

 

Last Minute Pleas Fail to Get Sympathetic Hearing (1 June 2007)

 

The courts seem to be showing increasing impatience with drivers who attempt to overturn convictions for speeding by raising technical objections to them.