|
Erica, Peat & Diable Solicitors This is offered as a guide and in no way is it intended to replace proper legal advice. If you would like advice on these or any other criminal offence, please contact Simon Diable or call the offices to arrange an appointment with one of our specialists. >> Back to the top Public Order Offences These are mostly covered by the Public Order Act 1984 and cover offences ranging from being abusive to rioting. Increasingly public order legislation is used to control political demonstrations such as the power to ban demonstrations or to order the removal of head coverings such as helmets or balaclavas. At Erica Peat & Diable we have particular expertise in advising on public order law. If you require assistance regarding a public order offence please feel free to contact Simon Diable, or call the office between 9.30 and 17.00 Monday to Friday to arrange an appointment. >> Back to the top Theft and Deception The Theft Acts of 1968 & 1978 cover a wide range of offences including theft, handling stolen goods, burglary and using motor vehicles without the owners consent. The Acts also include charges of obtaining property and services by deception, and making off without payment. Most of the charges, which can be laid under these Acts, will entitle the accused to jury trial as opposed to summary trial (without a jury). Maximum sentences are usually reserved for the most serious offences but as a guide they include: burglary on a dwelling 14 years, non-dwelling 10 years, theft 7 years and deception 10 years. It is always important to consider whether all of the required ingredients are present for an offence under these Acts to be made out; for example, defendant’s are often charged with theft when there is no evidence that they had an intention to permanently deprive the owner of the property in question. Sometimes defendants are charged with taking vehicles when there is no evidence that the owner had not consented to their actions. Should you, a family member or friend require any assistance please feel free to e-mail Simon Diable or contact the offices, between 9.30 and 17.00 Monday to Friday, to arrange an appointment. >> Back to the top Fraud Whether traditional Phoenix or Long Firm frauds, mortgage or share frauds or variants of Advance Fee frauds, both the law and evidence are always complex. See HM Customs and Excise. Frauds often involve large sums of money and breaches of trust and it is important to be able to pick through the mass of paper-based evidence to prepare a full and proper analysis of the evidence. Sentences are usually mid range. At Erica Peat & Diable we have years of experience in successfully defending fraud prosecutions and we have access to the best Counsel and Forensic Accountants to help us to secure success. >> Back to the top Prosecutions brought by the Financial Services Authority The FSA are a regulatory body, formed under statute and with the power to bring prosecutions relevant to its regulatory obligations. The misuse of inside information results in a number of prosecution every year. The Proceeds of Crime Act 2002 imposes further compliance obligation duties on companies and individuals. Incorporated bodies may find themselves vicariously liable for the actions of their employees and it is important that companies utilise the correct procedures to avoid liability. EPD Solicitors advise Compliance Officers of several City companies to ensure they comply with FSA regulations. >> Back to the top Drug offences and Importation Drugs are divided into several classes and most offences involve possession of Class A or B drugs. These include: Class A: Heroin, Cocaine, Crack Cocaine and Ecstasy Class B: Speed Class C: Cannabis, Steroids For a fuller list of prohibited narcotics, click here. Simple possession of drugs is illegal but attracts relatively low sentences. Supply of drugs or importation is considered very seriously and can lead to long prison sentences. Offences of importation are generally complex and require experienced defence solicitors to search for informants and abuses of power, which can invalidate the prosecution. If you find yourself or a family member in need of assistance with a drug related matter please feel free to e-mail Simon Diable or call the office direct, between 9.30 and 17.00 Monday to Friday, to arrange an appointment. >> Back to the top Prosecutions Brought by Her Majesty’s Customs & Excise Customs & Excise have full investigation and prosecuting powers. Our Serious Casework Department deals with money laundering, drug trafficking and VAT frauds all of which are prosecuted by Customs and Excise. A Partner in the practice will always head the litigation team of these cases. Below are some of the typical cases that Customs and Excise deal with. Money Laundering This area is set to expand with the introduction of the Proceeds of Crime Act 2002 (POCA) it has long been an offence to convert, change or deal with funds which one knows, or believes to be the proceeds of general crime or drug trafficking. POCA 2002 imposes offences for failing to report even a suspicion of money laundering to an appropriate person. EPD Solicitors has defended cases under both the old provisions and, now, under POCA 2002. We have also advised firms on the correct procedures that should be established to ensure that they do not, inadvertently, commit offences. We have been involved in some of the largest money laundering cases prosecuted in the UK and have developed specialised techniques, unique to this firm, for examining every piece of evidence produced by Customs and Excise investigators. Drug Trafficking We deal with cases of smuggling drugs of classes, A, B and C. We recently successfully defended an accusation of involvement in the largest ever importation of Heroin in the West Midlands; we also successfully defended the largest case of supply of Class A and B drugs in Wales. VAT Fraud These cases can usually be split into one of two forms of fraud: evasion or submitting false returns. Evasion: we usually see these as part and parcel of smuggling cases where goods are smuggled into the UK so that the duty is not declared and paid. In recent years however there has been a large diversification into duty diversion frauds. In its simplest form this will involve the removal of bonded goods from a bonded warehouse in the UK on the premise that the goods are to be moved to another bonded warehouse within the UK (so that duty is not incurred); the goods are of course never delivered and the duty is never paid. Simon Diable acted in the leading case of this type, an allegation of duty evasion amounting to £32 million, which was successfully appealed before the House of Lords. False returns: these cases are of a far more complicated manner and will generally require the instruction of forensic accountants. A basic fraud of this type will involve false VAT returns made to HM Customs & Excise supported by false or, fraudulently obtained invoices; VAT is then reclaimed from HM Customs & Excise. >> Back to the top Assaults Most allegations of violence can be categorised within the following offences, with the first offence being least serious and so on:
>> Back to the top Murder and Manslaughter These both involve causing death but in different circumstances. Attacking a person with an intention to do some really serious bodily harm, and, subsequently causing their death, is murder. Causing a death when acting recklessly is not murder but could be manslaughter. There is only one sentence for murder, life imprisonment, whereas manslaughter can result in sentences ranging from non-custodial to life imprisonment. At Erica Peat & Diable our solicitors have successfully defended many murder cases. >> Back to the top |