GBH, ABH and other Assaults
GBH (Grievous Bodily Harm) is a serious offence. Clients accused of GBH will often be refused bail, and can have their lives and those of their families turned upside down by the threat of a trial and the possibility of a long prison sentence.
ABH is an offence for which a prison sentence is also possible, but less likely to be given.
Common Assault rarely involves a prison sentence, but is still considered an offence of violence, and so a criminal conviction for it is to be avoided if possible.
Section 39 Assault – Common Assault or sometimes called assault by beating(even though no beating maybe involved).
This offence is committed when someone either applies unlawful force on another person (for example by hitting or slapping), or makes them afraid that immediate force will be used against them (for example by waving a hand or fist closely at another person). There need not be any marks or injury. Any injury or bruising would usually result in the charge being raised to one of ABH. A first offence usually means a fine or possibly a community penalty, but not usually prison, unless there are features which make the incident more serious, such as other offences, or any allegations of racist behaviour or motivation.
Section 47 Assault – Actual Bodily Harm (ABH)
This is assault resulting in harm such as scratches, bruises etc. The only intention required is to want to assault the victim, which means to exert unlawful force. So, for example, if a defendant has attempted to throw beer on another person, but the glass slips and hits the person, then even though there has been no intention to commit ABH, because the intention to throw beer on the victim is enough to make out the offence.
The maximum sentence for ABH is 5 years, and this offence can be dealt with in the Magistrates Court. In reality, defendants will rarely receive sentences anywhere near 5 years for this offence unless the attack, and defendants with no previous convictions will often not receive prison sentences.
GBH (Grievous Bodily Harm – Section 18 and Section 20 Assault).
To be convicted of this offence, the defendant must be proved to have committed really serious harm, or wounded another person (for example by stabbing with a knife). However, the damage must be intended. If the intention of the defendant was to only cause some pain or harm, but not “really serious harm”, then the offence committed is Section 20 Assault – a less serious version of GBH, also called “wounding without intent”. So a defendant who has kicked somebody else and broken their ribs, could be guilty of Section 20 Assault if they did not specifically want to cause that damage, but Section 18 Assault if they actually intended that damage.
Whether an offence is Section 18 or Section 20 is important when it comes to sentence. Section 20 Assault has a maximum sentence of 5 years imprisonment, and can even be dealt with in the Magistrates Court, although it is quite rare that the magistrates will prevent it from being transferred to the Crown Court. Section 18 Assault, on the other hand, can only ever be dealt with in the Crown Court, and can result in a maximum sentence of life imprisonment, although sentences of more than 10 years for Section 18 are rare.
Fraud Offences
"fraudster under arrest"
Cases of fraud, counterfeit goods and false documents can range from low scale fraud such as using a stolen credit card to large and organised, professional counterfeiting operations such as MTIC Carousel Fraud and large counterfeiting operations. These cases are often complex and require a great deal of expertise.
My brief solicitors are able to draw on forensic accountants who have given evidence on our clients’ behalf. These experts can provide reports which show an individual’s or business’s financial activity and liability.
Of course, we know that for businesses, the investigation of an offence can be more damaging than any sentence imposed.
The authorities impose freezing injunctions on accounts and stop a legitimate business from trading. There has been no trial at this point and a business is effectively shut down. In certain circumstances, freezing orders can be unfrozen and we can help get businesses back to work.
Since we also offer business advice, we can ensure you are given comprehensive advice. We can even help in a preventative way if you have doubts as to your business contacts.
What is Fraud ?
A fraud occurs whenever someone says or does something false to try and make himself a gain, or to cause another a loss. It must be done dishonestly.
A fraud can also be committed if someone fails to disclose information which they must in order to cause himself a gain or a loss to another. A separate offence exists when someone in a position of trust does this.
Possessing any article for use in a fraud is now an offence. An ‘article’ is anything real or electronic. This means that having credit cards in someone else’s name to try and buy things in a shop is an offence. Possessing specialist machinery such as credit card skimming devices is also illegal, as is the sale and purchase of these devices. Potentially, a laptop computer could be illegal too if used to try and remotely hack into someone’s wireless network and take their details. Identity fraud and credit card fraud are usually covered by this legislation.
Cheque Fraud
The most common cheque fraud occurs when someone buys goods with a stolen or fake cheque. Once the cheque has cleared the buyer obtains the goods, but when the fraud is discovered the money can be reclaimed from the seller. Typically high value items such as cars are bought in this way. The buyer may also write the cheque for a greater amount than the purchase price and ask for the surplus to be paid to him.
Insurance Fraud
Insurance fraud is common and can take many forms. It may involve claiming insurance for items that never existed or over claiming for items that did. It could also involve arranging to have an accident to claim on your insurance.
Pyramid Fraud
This is an investment fraud named after Charles Ponzi who used it to great effect in the 1920s. It involves offering very high returns to investors over a short period, for example 15% over 28 days. People invest some and then sure enough get their 15% after 28 days. These investors will put more money in and spread the word. The new investors’ money will be used to pay the older investors. The scheme will eventually collapse and the promoter will vanish with the investments.
Carousel Fraud
Businesses act as tax collectors for the government, saving up the VAT from sales they make and before paying it all to Customs and Excise. If a business buys goods from an EU member state, they pay no VAT on them, but will still charge VAT to their customers. When a business disappears and does not pay the VAT to Customs and Excise, this is called Missing Trader Intra Community (MTIC) Fraud, or “Carousel Fraud”.
Counterfeit goods
A counterfeit is any item made to imitate something else and sold to deceive the buyer into thinking it is a genuine article.
Counterfeiting currency is said to undermine the economy of the country and for this reason it is treated much more seriously by the courts.
Passports and IDs
There has been a growth in this area of the recent years.
Possessing, manufacturing and distributing false documents are very serious offences.
Possessing articles or equipment to produce false documents is an offence. Printers, scanners, laminators, computers, software and blank passports or IDs are all required to make false documents. It is usually a sophisticated operation involving multiple parties.
Mere possession of a false passport or ID document is an offence. Sometimes however people will come to the UK wanting to work legitimately and earn for their family, but get pushed into acquiring false papers in order to do so.
Producing passports on a large ‘professional’ scale can result in 8-10 years imprisonment. Being involved in such an operation but on a lower level, such as a courier or deliverer can result in a sentence of 4-5 years. For just possessing a false passport, even innocently for work purposes, the sentencing guidelines state 12-18 months in jail is appropriate.
We have recently represented a Defendant whose case has been discontinued by the Crown Prosecution Service.
Mr Shaun Reaney of Gravesend, Kent was charged with an offence of drink driving in November 2009. Mr Reaney faced a trial on the 10th May 2010, but after representations by his Solicitors and after further review, the Crown Prosecution Service have discontinued the case. Mr Reaney had originally blown positive at the roadside but when he was back in the Police Station his reading was low enough for him to take advantage of the statutory requirement that the police need to take a further blood/urine sample in order to verify the amount of alcohol in his blood. However, the Police messed up on the procedure in taking urine but using the same sample pot for both samples. This meant that the second sample that was taken was potentially contaminated by the first sample and therefore the reading was potentially in accurate. Jeremy Betts the Managing Director of My brief Solicitors said “this is a case which highlights the importance of obtaining legal advice before entering a plea in relation to drink drive offences. If Shaun had not instructed us, then he would have received at least a 12 month driving ban as well as costs and a fine. This would have greatly affected his employment opportunities. As it was, he has resigned from his previous job as a car salesman prior to receiving advice and worked temporarily as an engineer in a local bowling alley waiting of his case.
Shaun Reaney says as a 21 year old car salesman I relied on my driving licence to earn a living. In November 2009 I was arrested for drink driving, my lack of knowledge of the legal process had left me in a panic with my back to the wall. I thought the only that I could do was to plead guilty. That’s when I sought the help of Jeremy Betts of My brief Solicitors. Jeremy explained to me in a very relaxed and professional manner that he would endeavour to ensure I was being treated fairly. I was assumed of the situation I found myself in but Jeremy reassured that despite the circumstances he would work towards the best outcome for me. I was unaware that the Police had not followed out the correct procedure. However Jeremy’s extensive knowledge of road traffic law mixed with his determination and professionalism prevailed. I have now kept my clan licence and I have learnt many valuable lessons. I am now able to survive both socially and professionally.
Whilst its important for the Prosecution to pursue driving drive convictions, it’s also important that they following the correct procedure. Unfortunately in this case it appears that they did not.
Most of us need expert legal help at some time in our lives. The law can be complicated so it’s important to get the best advice you can. Solicitors are the experts when it comes to the law and how it affects you.
When you’re in need of advice on a matter relating to property, finance or even family tension it can be tempting to search for a quick solution by visiting an unregulated advice provider. But for legal advice that you can rely on, contact a specialist solicitor who will ensure the correct documentation is in place and that no important issues have been overlooked.
A solicitor will advise you on your rights and the options available to you with any legal matter. They will also explain some of the legal complexities and will help you identify the issues to consider, sort the wheat from the chaff, give tactical advice and may even save you time and money.
A firm of solicitors may offer services in a wide range of legal subjects, including;
buying a home, making a will, setting up in business, renting out your property, getting a divorce, making a personal injury claim as well as probate and financial matters for the elderly. All solicitors in private practice must hold a practising certificate issued by the Solicitors Regulation Authority, the independent regulator (set up by the Law Society) which sets the rules that all solicitors must follow. This guarantees that the solicitor is qualified to practise and has insurance to protect you if anything goes wrong.
A solicitor will explain all the options available to you in a calm and constructive manner. You can find details of solicitors in your area by visiting the ‘Find a Solicitor’ area of the Law Society website, www.lawsociety.org.uk
Where a firm is based is obviously an issue of convenience, particularly for elderly, sick or disabled people. Do you need to use a firm that is close to where you live? If so, this will narrow your search. Some solicitors are happy to visit you at home, so if you find travelling difficult, it’s well worth asking about this.
If you are on a low income or receiving benefits, you may be eligible for legal aid. You can find this out by contacting your nearest citizens’ advice bureau or law centre.
For certain types of case, including personal injury, your solicitor may be prepared to work on a conditional fee basis. This is more commonly known as a ‘no win, no fee’ arrangement. If you win the case, your solicitor’s fees will usually be paid by the other side. If you lose, you do not have to pay your solicitor’s fees. You may be asked to take out an insurance policy to pay for the other side’s costs if you lose. There are various types of conditional fee arrangement, but not all solicitors’ firms take cases on this basis.
If you need to see a solicitor about a personal matter, such as a relationship breakdown, you will want to choose someone who makes you feel comfortable. Most solicitors will be sympathetic and understanding if you are distressed, but you may prefer to deal with someone who is the same sex as you. Don’t be afraid to say that this is what you want.
If English is not your first language, you should mention this when you are trying to find a solicitor. If you tell them in good time, a firm can arrange for an interpreter to be present at your meetings.
Once you have found a suitable firm, you need to make an appointment. Let them know if there’s anyone you need to bring to the meeting with you. Ask if you should bring any documents with you, such as proof of identity or income.
The more preparation you do before the meeting, the more you’ll get out of it. Make a list of the main points you want to make or the questions you want to ask. Get together any paperwork that is relevant and put it in some kind of order so you can refer to it quickly. This will make it quicker and easier for your solicitor to understand your circumstances and give you proper advice.
Check how long the meeting will last so that you don’t suddenly find that ‘time is up’ before you’ve made all your points. Have your notes in front of you, tick off each point as it is covered, and don’t be afraid to ask if anything is said that you do not understand.
Finally, ask your solicitor to send you a letter after the meeting to summarise the advice you’ve been given, and confirm the following details.
-That he or she has taken on the work.
-The name of the person in the firm who will be dealing with your case day to day.
-The amount of time the firm will need to see your case through.
-An estimate of costs and any agreed spending limit.
-Any more information you need to supply.
Legal advice, like anything else you buy, costs money, but its value can be enormous. Charges vary between solicitors, and will depend on the expertise and experience of the individual solicitor as well as how complicated the work is. Before making a decision about which firm to use, you may want to ‘shop around’. Decide on what sort of solicitor you need to speak to and get quotes from several. Many solicitors charge little or nothing for a short first interview. It is worth asking. However, price is not the only thing you have to consider. Above all, try to find a solicitor who you are comfortable with and whose advice you feel you understand.
Solicitors don’t always charge a fixed fee for a particular job. The bill will often be worked out on an hourly basis, so the longer it takes, the more it costs. A solicitor must give you a cost estimate at the outset, usually at the first interview.
If an hourly rate is quoted, you may want to agree a fixed spending limit. If the costs look likely to go over this limit your solicitor will contact you to warn you and get your agreement to continue.
Once you have appointed a solicitor, they will consult you at every important stage, to check how you want to proceed. Similarly, you need to tell your solicitor about any changes to your personal circumstances which could affect the case. This includes any changes in your financial position which could alter your eligibility for legal aid.
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