crime Archives | Eden Legal Services

Targeting Drink Drivers

edelegal — Tue, 12 Jun 2018 06:38:15 +0000

The government has announced its intention to use new roadside breathalysers, in a move that could see a further 6,000 convictions per year for drink driving. At the moment, the breath test procedure is in 2 stages, a person who tests positive at the roadside will be arrested and taken to a police station for a further test to be administered. This is known as the ‘evidential test’ and is the one that forms the basis of any prosecution decision. The gap in time between the first positive breath test and the one administered at the police station may be significant enough to ensure that a person blows a negative reading – this is due to falling alcohol levels over time (although in some cases the reverse can also happen). While 'back calculation' laws are available, the evidence base is such that they are seldom used for this scenario. Arguably, therefore, some drink drivers go free. The legislation allowing for a definitive roadside evidential breath test procedure is already in place, but today the government has announced a competition aimed at device manufacturers, with the aim of ensuring that suitable devices are approved and in use by 2020. Around 460,000 breath tests are conducted each year, with some 59,000 people providing a positive reading. Approximately 6,000 people provide a positive reading at the roadside but later are found to be under the limit when tested at the police station - this change will see those people prosecuted. In many instances these will be people who have 'gambled' on the quick lunchtime drink or have not allowed quite enough time to sober up from the night before. The changes will also reduce the scope for so-called ‘loophole defences’, popular due to the complexities of the police station procedure. It is expected that decades of case law will become redundant once the new devices have been rolled out. Experience tells us however, that as one legal challenge closes, another pops up! The penalties for drink driving are severe, with minimum periods of disqualification, high financial penalties and punishing insurance premiums for many years to come. In many cases, offenders face the loss of employment. 'One for the road' often comes at a very high price. How can we assist? We are experts in all aspects of drink and drug driving law. This is one of the most complex areas of criminal law, and early advice should be sought in order to achieve the best outcome. Contact Hashmita Patel or Stephanie Brownlees on 01902 275 042 or email info@edenlegalservices.co.uk

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Stalking

edelegal — Fri, 25 May 2018 09:01:02 +0000

New offences of stalking (in addition to existing offences of harassment) were introduced in 2012. The offences are harassment which involves a course of conduct that amounts to stalking. There are two offences, stalking involving fear of violence and stalking involving serious alarm or distress. What is stalking? There is no strict definition, but the legislation lists a number of behaviours associated with stalking –

following a person,
contacting or attempting to contact a person by any means,
publishing material relating to a person or purporting to come from them,
monitoring a person’s use of the internet, email or communications,
loitering,
interfering with any property in the possession of a person,
watching or spying on a person.

The list is not exhaustive and nor is behaving in one of these ways automatically stalking, context is everything. What must the prosecution prove?

That there is a course of conduct
which constitutes harassment, and
the course of conduct amounts to stalking.

Additionally, for the offence involving fear of violence it must be proven -

the conduct causes another to fear that violence will be used against him; and
which the defendant knows or ought to know will cause another to fear that violence will be used against him.

The test whether he “ought to know”, is whether a reasonable person in possession of the same information would think that the course of conduct would cause the other to fear violence. It is an offence if conduct amounts to stalking and causes another to fear, on at least two occasions that violence will be used, or that the conduct causes serious alarm or distress, which has a substantial effect on a person’s day to day activities. This could mean that they have to, for example, change a route they normally use, move home or change the way they socialise. It could also mean a change to a person’s physical or mental health. Are there any defences? It is a defence to show –

the course of conduct was pursued for the purpose of preventing or detecting crime;
the course of conduct was pursued under a rule of law;
that any conduct was reasonable

Additionally, for the violence offence it is a defence if the course of conduct was reasonable for the protection of the defendant or another, or for the protection of his or another’s property. What sentence could I get? For the basic offence of stalking the maximum sentence is six months imprisonment, for the offence causing fear of violence or serious alarm/distress the maximum sentence is 10 years imprisonment (for an offence on or after 2 April 2017; 5 years for offences prior to that date). A restraining order to protect the victim from further contact can also be imposed, even if a defendant is found not guilty of the offence. How can we help? These are serious allegations and the law is complex, please contact Hashmita Patel or Stephanie Brownlees for further advice and representation. As experienced defence lawyers we know that there is always another side to the story, let us tell that for you. Call us now on 01902 275 042 0r email info@edenlegalservices.co.uk

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Liar? Uncover the Facts

edelegal — Mon, 18 Sep 2017 17:52:51 +0000

Liar, ITV's new 6-part drama, is gripping the nation, with people already reaching conclusions as to whether Laura, played by the actress Joanne Froggatt (better known for her role as Anna Bates in Downton Abbey) is telling the truth when she accuses surgeon Andrew of raping her. For most of us, this is highly watchable drama as we flip flop between whom we believe, our perceptions changed over time by the sophisticated script and device plots. It is no surprise that some people have formed an opinion already, and recent research demonstrated that half of the jurors might reach a guilty verdict before even going to deliberate with other jurors. We know that people are on occasion willing to change their minds, just as you might when the plot unfolds. It is vital therefore that a strong case is advanced from the start, laying a solid foundation for a successful defence. Our Role For our clients and their families, facing an accusation of rape or other sexual crime can be a horrendous experience. So, what is our role and how do we defend such cases? Reactive and Proactive We always start with a reactive approach. The complainant states they were drunk, our client states they were in fact sober. We entered the bedroom uninvited says one person, we were invited in, says our client, and so on. We can build the start of a defence with this important work, but we do not have the benefit of the incident in question playing before us on a TV screen, with the truth revealed at the end. We instead have only the competing versions, and it might feel as if it is simply one word against another, and often it is unless you seek further evidence. It is a proactive approach to case preparation which makes a difference. We always ensure that: • All relevant witnesses are traced. • Any CCTV evidence is secured. • Forensic evidence is analysed. • Background checks are completed. • Details of false allegations are pursued. And even, as alluded to already in Liar, any psychiatric issues are explored. We also understand the personal toll legal proceedings will take on you and your family, and offer a compassionate and reassuring voice at a time when the future may at times appear very dark. Our Services Eden Legal Services has extensive experience in defending cases of this type. Before entrusting your case to anyone else come and meet us, get a feel for our work ethic, and ensure you are confident that you are receiving the best defence possible. You only get one chance to get this right, so the alternative is unthinkable. We offer private client services at affordable rates, and legal aid may be available. So, if you are arrested for, or charged with any offence, call us on 01902 275 042 to arrange an appointment, or email info@edenlegalservices.co.uk You can meet our team here http://www.edenlegalservices.co.uk/about/17175-2/

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