crimenews Archives | Eden Legal Services

LOCKDOWN 2 REGS NOW IN FORCE

edelegal — Thu, 05 Nov 2020 18:31:54 +0000

Today, the 5th November 2020, England enters Lockdown 2 thanks to the increase in COVID19 cases across the country. This means that the The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 are now in force, with fines of up to £10,000 or prosecution for anyone that flouts the regulations. The full regulations can be read here: https://www.legislation.gov.uk/uksi/2020/1200/contents/made The regulations are lengthy, with around 65 exceptions to consider. Hopefully the points below will be of some assistance in navigating through the new rules. For the purposes of the Regulations, you are "vulnerable" if you are aged 70 years or over. Leaving Your Home You must not leave your place of residence (which includes your garden or garage), or be outside your home without a reasonable excuse. A reasonable excuse may include:

Using a business or service that is allowed to stay open. You can also access such businesses/ services for vulnerable people, but it must be reasonably necessary for you to do so.
Exercise- You can exercise outside on your own or with 1 or more members of your household, your linked household OR your linked childcare household OR with one other person who is not a member or your household, linked household or linked childcare household. You cannot be outside with all of your household and a member from another household. Gatherings of more than 3 are not permitted (see below) Carers, or children below the age of 5 years, are not included in the headcount.
Attending a place of worship
Attending an outdoor Remembrance Sunday event
Activities in connection with the sale/ rent of a property
Work, offering voluntary or charitable services, education or training
Seeking emergency assistance
Fulfilling a legal obligation
Accessing critical or charitable services
Medical Need
Escaping a risk of harm
Attending a support group
Respite Care
Visiting someone who is considered to be "at the end of life"
Attending a funeral
Attending a wedding/ civil partnership (these are limited)
Children can move between parents' homes
Accessing educational facilities
Arranging informal childcare for a child under 13 years with a linked household
Animal welfare
Attending a prison visit
Returning from holiday

Restrictions on Gatherings A gathering is where 2 or more people are present to interact with one another/ undertake an activity with each other. You cannot have people at your home or in your garden who are not part of your household or linked household. Parents from different households can go out together provided the child/ children are under 13 years of age You can gather with a linked household (see rules below) You can gather for work purposes. Whilst protests are not banned per se, the rules are unclear. It is likely protests may be permitted provided social distancing is followed. Relevant Gathering A relevant gathering for the purposes of the Regulations is one where there are more than 30 persons present. If you are involved in such an event, you could face a fine of £10000. There is no appeal process other than by refusing to pay the fine and attending Court, but the Courts are able to impose unlimited fines and costs if you are unsuccessful at arguing your case. It is important to seek legal advice. An exception to the rule on "Relevant Gatherings" is if the event is organised by a charity, business or political organisation that has taken necessary precautions. Exceptions to the Restrictions on Gatherings The exceptions are exhaustive, so if these do not apply, you must not meet:

You are present with the same or a linked household
The gathering is necessary for work, education or training
You are facilitating a house move
You are fulfilling a legal obligation
The gathering takes place in criminal justice accommodation
You are attending a support group of no more than 15 persons (children are not included in the headcount)
You are attending someone in hospital
You are attending someone in a care home/ respite care
You can accompany someone to a medical appointment provided they are a member of your household, a close family member or a friend.
You can attend a wedding of up to 6 people, although these are only permitted if a party is seriously ill
You are attending someone at "end of life"
You are attending a funeral of no more than 30 person
You are attending a commemorative event following a death of no more than 15 persons
You are involved in elite sport

What is a Linked Household? This is otherwise known as your "Support Bubble". Where 1 household has only 1 adult (and however many children) they can link with a 2nd household, with any number of adults and any number of children. This ensures that a single adult has a Support Bubble. Linked childcare household Where a household has at least 1 child under the age of 13 years, they may link with 1 other household for the purpose of informal childcare. Where you have 2 linked households, neither household can be linked with another household. (There must not be a third or fourth linked household) The COVID19 Regulations go on to discuss the closure of businesses and the rules for businesses that are still operational, but we have focused on the main points for members of the public for the purpose of this blog post. If you have received a Fixed Penalty Notice or have been charged with an offence under the COVID19 Coronavirus Regulations, please contact Hashmita Patel or Stephanie Brownlees on 01902 275 042.

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Who Guards The Guards?

edelegal — Mon, 13 May 2019 10:40:50 +0000

This perennial question was back in the news following a ministry of justice announcement that further steps would be taken to root out dishonest prison officers and others working in custodial institutions. A new counter-corruption unit will be tasked with 'proactively [purusing] those suspected of corrupt activity in prison and probation services across England and Wales.' The unit comprises 29 specialist staff split into a national team and 5 regional teams. Within these teams are expert intelligence analysts who will examine threats to the organisation. Corruption can range from a member of staff having a relationship with a prisoner to bringing in drugs and contraband for individual prisoners or organised crime groups. The unit complements prison security teams that can already search staff, including with metal detectors and baggage scanners. The new Counter Corruption Unit has 4 aims to combat the threat:

protect against corruption by building an open and resilient organisation;
prevent people from engaging in corruption, strengthening professional integrity;
pursue and punish those involved in corruption;
prepare prisons to minimise the impact of corruption where it does occur.

How widespread is the problem? The numbers of staff found taking contraband into prisons in England and Wales has risen by 57% in the past six years, according to ministry of justice figures obtained through a freedom of information request, with 341 either dismissed, excluded, convicted or cautioned by police. In 2017, there were 71 cases of staff smuggling compared with 45 in 2012. Ben Crewe, deputy director of Cambridge University's Prisons Research Centre, said staff cuts and a more significant proportion of inexperienced officers meant that "those in post are more vulnerable to corruption". This is terrible news for prisoners looking to leave prison with a clean slate - if the temptation is offered from within the prison estate the chances of breaking free from a cycle of criminality is severely diminished. The new heightened security measures will also act as a deterrent to prisoners who break the rules while serving a sentence as the chances of capture may significantly increase. The alarming scale of prison officer corruption also leads many to question the value that can be placed on prison officer testimony during court cases and prison adjudications. The actions of a few can impact on the entire staff. How we can assist If you need specialist advice, then get in touch with Stephanie Brownlees or Hashmita Patel on 01902 275 042 and let us help, we deal with all manner criminal offences on a daily basis and have the expertise to get you the best result possible.

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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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