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Posted by edelegal | 13 November 2018| Blog

A suspended sentence is a term of imprisonment that is suspended so that you do not go into custody immediately and will not go into custody if you comply with the conditions attached.   Who can get a suspended sentence?   In the Magistrates’ Court, any sentence of 6 months’ imprisonment (12 months for two...

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Posted by edelegal | 09 November 2018| Blog

There are two main offences that are prosecuted in relation to benefit fraud, one involves dishonesty, the other does not.   The dishonesty offence   It is an offence to dishonestly make a representation in order to obtain benefit, and this includes a dishonest failure to promptly notify a change in circumstances as well as...

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Posted by edelegal | 05 November 2018| Blog

After a recent spate of assaults involving the use of acids and other corrosive substances, the government has acted to try and curb their use. At the present time around 15 offences per week involve the use of acid and other like substances.   In January 2018, the Home Office announced a voluntary agreement with...

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Posted by edelegal | 01 November 2018| Blog

In legal shorthand we often refer to section 18 or 20 offences, these refer to specific offences under the Offences Against the Person Act 1861.   What is the difference between section 18 and section 20?   The most serious form of assault (short of attempt murder) is grievous bodily harm (GBH) or wounding (section...

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Posted by edelegal | 29 October 2018| Blog

Coercing someone into marrying another for some financial or societal benefit is illegal.   In April of this year, three young women in Sheffield became subject to Forced Marriage Protection Orders. This case highlights the how embedded this type of offending is in some parts of England and Wales, particularly concerning young girls.   Various...

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Posted by edelegal | 24 October 2018| Blog

There are two distinct criminal offences, one of harassment putting people in fear of violence and one without. Stalking is a similar but separate offence and is not covered in this article.   What does it involve?   There has to be a course of conduct involving as little as two incidents against another person...

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Posted by edelegal | 23 October 2018| Blog

The 2015 documentary series Making a Murderer follows the story of two men from Wisconsin who were convicted of sexually assaulting and murdering a woman.   One of the convicted was an impressionable teenager called Brendan Dassey. Dassey’s conviction was overturned in 2016 (confirmed on appeal in 2017) on the basis that his ‘confession’ to...

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Posted by edelegal | 15 October 2018| Blog

Prosecuting those who publish obscene articles (an offence under section 2 of the Obscene Publications Act 1959) is hardly prudish, despite what certain commentators would argue.   The maximum sentence of five years’ imprisonment will frequently be warranted for activities which have disturbing and harmful knock-on effects.   Laws of this type remind us that...

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Posted by edelegal | 11 October 2018| Blog

You may have heard about ‘texts’ or a ‘Brown envelope to the Judge’, some of the names for the old system.   If you helped the police a ‘text’ may be handed to the sentencing judge explaining that you had assisted and a reduction in sentence may have followed. It was a murky world, clouded...

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Posted by edelegal | 08 October 2018| Blog

A solicitor is there to help advise you on the law, to guide you through difficult times, explain, advise and represent you. But who tells us what to do and ensures that you receive a proper service?   The Solicitors Regulation Authority   The SRA regulate solicitors and law firms in England and Wales, but...

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