Criminal Solicitor Dot Net RSS Forum Feed

Tagging expert

Thu, 09 Mar 2010 12:09:27 GMT

Looking for an expert (other than Keith Borer) on electronically monitored curfew equipment. Anyone know of any expert?

What's the ASBO case?

Thu, 09 Mar 2010 12:08:18 GMT

I think I recently read a case on Crimeline dealing with ASBOs made in the absence of the Respondent.

I have either imagined it or deleted it from my in box.

The crux is that the young person should be present at the final hearing unless they have chosen to absent themselves as the court is obliged to ensure the Respondent understands the prohibitions imposed. If the young person has been made subject to a custodial sentence he can not be said to have absented himself and he should be produced.

Could any one be kind enough to point me in the right direction (or put me out of my missery if, in fact I made the whole thing up)?

Andrew, Ron, Anyone.....

Thanks in anticipation.

Simon

Tender ITT Version 3

Thu, 09 Mar 2010 09:24:11 GMT

LSC have issued a new version 3 of the ITT but we have
already submitted a version 2. Do we need to resubmit the
whole application?

MoJ Makes Changes To CDS Remuneration

Thu, 09 Mar 2010 08:37:50 GMT

The Legal Services Commission has today issued a press release about changes to reduce payments for Police Station and Magistrates Courts fees:

The Ministry of Justice has today given effect to changes to arrangements and levels of remuneration for Police Station and Committals work, following their consultation “Legal Aid: Funding Reforms”.

The changes have been effected through amendments to the CDS Funding Orders, signed by Lord Bach on Tuesday 9 March 2010. The LSC has also sent out contract amendment notices to all Crime Contract holders, giving effect to the changes made to Regulations.

Police Stations

The MoJ have now given effect to the reductions to 148 police station fixed fees originally announced in the response to consultation. These fees take effect for all police station attendances commenced on or after 6 April 2010.

Committal Hearings

The MoJ have now given effect to the introduction of a fee for Committals work, fixed at £318 exc. VAT.

Following the changes to the Funding Order, this fee can now only be claimed as part of the bill submitted at the conclusion of the Crown Court matter as part of the Litigators Graduated Fee Scheme bill.

This change takes effect for all matters where a representation order is granted on or after 6 April 2010.

These arrangements only apply to those cases that reach the Crown Court following a committal hearing.

If proceedings are dismissed or withdrawn at the committal hearing, then the case will remain in scope of the magistrates’ court standard fee scheme under the Unified Contract (Crime).

To see the full text of this press release follow this link.

Street Offences - Pt2 - SOA 2003

Thu, 09 Mar 2010 07:00:22 GMT

As I understand it, the SOA increased the age for 'child photos' from 16 to 18. As 16 is the legal limit for consent, then the extra proviso was bought in that there would not be an offence if the person photoed was between 16 and 18 and the photo posessor was in a close sexual relationship with her.

Now, take this scenario, whilst contrived, is beliveable.

A 24 year old man, has a 16 yo gf. They enjoy a physical relationship and both enjoy filming/ taking photos of each other. Perfectly legal. The man, then gives the pictures to his 24 yo twin. His twin is now a vile, child abusing paedo.

Barmy?

Street Offences

Mon, 08 Mar 2010 15:25:09 GMT

Here is the latest piece of idiocy from this Government - some
interesting legislation which, quite plainly, has not been thought
through.

Before I post it with my comments I wish to make it clear that I am
not and have never been a user of such services ...

On 1 April 2010, it will become an offence to pay for sex with
someone who has been forced, threatened, exploited or otherwise
coerced or deceived into providing the sexual services by someone
else who has engaged in such conduct for gain. If convicted of the
offence you could face a fine of up to £1,000, a court summons and a
criminal record and risk having your name mentioned in newspapers.
It will be no defence for a person to say that they did not know the
prostitute was being forced or threatened.
This is from the Home Office official website.

Now, this gives rise to certain problems for any 'user' of sexual
services. Does the punter have to carry around with him [or indeed
her] a suitably designed document to confirm that there is or was no
force or coercion etc by anyone including someone who was not
present when the 'punter' and prostitute met and agreed what was to
occur?

Such a document, which the prostitute will have to sign, cannot be a
binding contract [that is contrary to public policy and void] would be
unusual evidence - and what if the prostitute lied? Is this a good
reason for licensed brothels as in Holland and elsewhere.

In any event, here is a draft document for comment.

"By this document the prostitute [enter name] confirms that she was
not forced, threatened, exploited or otherwise coerced or deceived
into offering sexual services to the client [enter name]. The prostitute
confirms that this document is true and that she is under a duty to
sign this document as a statement of truth to be used in Court
proceedings if necessary. She also confirms that no one has forced,
threatened, exploited or otherwise coerced or deceived her into
signing this document."

And, I wonder, who would be acceptable as a witness to the
signature? A passing police officer?

I will repeat, for the benefit of all and sundry, I wish to make it clear
that I am not and have never been a user of such services.

PS I do not think that the commencement date of 1st April 2010
means that this is a prank on the part of the Home Office or Civil
Servants. If it is, then I object to the misuse of all the taxes I pay
for this purpose!!
juliany2740245.6432175926

detention clock - episode 1

Mon, 08 Mar 2010 14:00:28 GMT

I thought I'd seen it all in relation to detention clocks.

The anonymised, simplified saga set out below has raised several questions. Here's part 1. Times are simplified to time from arrival at police station, the whole takes place over a weekend and misses Saturday am court...

HH:MM from arrival
00:15 booked in, new detention log, under arrest on suspicion of street robbery and possession.

12:00 further arrested for 2 shoplifting incidents. at this point requests legal rep and i/v stops.

16:00 i/v'd on all current matters.

20:00 after cps advice, charged and remanded on 2 offences. NFA on 1 and bailed on the other. As it is now past Sat am court, he is remanded to court Monday am. At this point detention clock stops and there are 4 hours left for the bail matters as and when he returns.

34:00 he is now arrested for 10 more shoplift matters. In my opinion, after consulting the excellent ed Cape, it appears that the detention clock is now brought back into play and must count from the start time for the original offences, making it 34 hours on, but no extension authorised as yet.

36:00 by the time custody figure this out, the 36 hours have come and gone. They are then faced with the choice of doing it by the book - ie request a lie-down at court on Monday to bring the dp back to custody. As it is very likely (cos of his previous) that he would be remanded at court, they offer to i/v him now, after the detention clock has run out, to avoid having to come back to custody after court.

I'll stop at this point and ask for comments...

1.AM I correct that the clock has indeed run for the 36 hours, cos of the new arrest?
2.If so, what would you advise the suspect, given that the circumstances indicate it is (slightly) preferable to go back on remand than to be subjected to another 24 hours or so of police station hospitality after court?
3.If he goes ahead with the i/v "out of time" on the clock
a.What is the effect of this situation (ie the detention clock) on the i/v and evidence(if any)?
b.What is the effect of this on possible disposals?

feelance rate for crown court

Mon, 08 Mar 2010 12:54:32 GMT

Hi,

freelance police station rep. been approached to do some crown court attendance work. serious case. first 5 days of a trial. not sure what rate is appropriate.

10 years experience. north west.

any thoughts/tips greatly appreciated.

authority for rights of audience

Mon, 08 Mar 2010 11:48:38 GMT

In anticipation of a grilling from the judge for my first bail application to a crown court judge, where can i find the authority that says I have the right to appear in front of him in the first place please?

Jon Venables

Sun, 07 Mar 2010 16:04:52 GMT

the media frenzy this story has unleashed shouldn't surprise me, but
isn't it ironic that all the pressure for his true identity to be revealed is
inevitably going to result in any criminal proceedings instigated as
utterly impossible to conduct fairly.

msgnacarter and Bill ofRights

Sun, 07 Mar 2010 05:48:47 GMT

Ibelieve #I

I think I am correct in saying that the above pieces of legislation still form part of British law. Does anyone know of a case where these old laws have been cited?

Fred

voluntary attendance

Sat, 06 Mar 2010 08:23:49 GMT

Firstly my apologies if i am mistaken!

But I am sure I read on one of the posts here, that a certain area in england was trialling a procedure of allowing voluntary attendees to be charged with offences.

Can anyone tell me if this is the case or has any personal experience of this?

Thanks.

Pace matter

Fri, 05 Mar 2010 11:31:33 GMT

advice sought...a person is detained under 136 mental health act (rights and wrongs aside-) taken to a police station, at this point he is only detained for purpose of place of safety.......after 12 hours of assessments by fme and clinicians he is deemed fit and is about to be released by the custody officer....At which point a phone call is received in the custody block from a Cid dept within the same force identifying the d/p as a suspect for a robberry- he is immediately arrested.

How long on detention clock.....I believe 24 hours from the time of arrest for the robbery,(as technically he was not in police detention for an offence but I was shouted down, and told only 12 hours left (as has spent 12 hours already at station)....

pre legal aid order work and dcos

Fri, 05 Mar 2010 07:52:33 GMT

If legal aid is granted in a case and there is pre order work, can you claim for this work through a dco if the client is aquitted? I recall reading a case 12 months or so ago indicating that if legal aid was granted you couldn't because you couldn't mix private and public funding? Am i barking up the wrong tree? any help appreciated.

Duty solicitor slots

Thu, 04 Mar 2010 16:39:08 GMT

I have a real dilemma folks. Please help if you can.

I will speak hypothetically.

A duty solicitor applies for a contract for criminal defence work to the LSC intending to use his slots for which he has submitted the accompanying duty solicitor form. The duty solicitor works for a firm at the moment and is keeping all options open in case the application for a contract is unsuccessful. The firm that employs him/her asks him to sign the duty solicitor form so that they can apply for slots in his/her name. If the Duty solicitor gets the contract who gets the slots? If he applies under his name and under the name of his employers can his employer keep his/her slots? Please help