Breach of Sentencing Orders imposed by the Court
If you were sentenced to a Community Order, or Suspended Sentence by the magistrates or crown court, then failure to comply with the requirements can result in you being summoned to court in breach. The same would additionally apply in the case of a suspended sentence order if you had committed a further offence within the ‘operational period’ (length of the order).
This can be especially serious in the case of a breach of suspended sentence order, because the law states the order must be activated unless it would be unjust to do so. The presumption is therefore in favour of the immediate imprisonment. In theory, a community order can also be revoked, and replaced by a suspended sentence order, or immediate imprisonment, if very little has been done to comply.
In both cases, the court is required to mark any breach by imposing a fine, or extending the requirements or operational period. In practice this can mean more unpaid work, a longer curfew (with or without an electronic tag), or additional work with the Probation Service.
We can advise you firstly as to whether a breach has occurred, and if so, what argument can be made to limit the consequences. We are abundantly aware that it can be difficult to comply with requirements for medical reasons, or due to family and work commitments. There can be a simple breakdown in communication with an Offender Manager. In those circumstances there might be scope for us to argue that the breach should not proceed to court. We suggest you obtain any evidence to support absences.
More recently, someone who is released from a period of imprisonment of less than 12 months will be required to undertake ‘post-sentence supervision’ with the Probation Service. If that requirement is breached, they may risk being returned to prison for 14 days.
In the Youth Court, a similar situation can arise where a young person has been given a Youth Rehabilitation Order, or Detention and Training Order, and allegedly fallen into breach. We are experts in all proceedings before the Youth Court, and we know this can be a confusing and emotional time for young people and parents alike. It remains our priority to protect the young person’s interests, and ensure they understand the process throughout.
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We realise it can be daunting to challenge a police officer where you do not agree with what they say, but we have extensive experience of dealing with disputed police evidence, and will ensure you have the opportunity to get your side of the story across.
If you were sentenced to a Community Order, or Suspended Sentence by the magistrates or crown court, then failure to comply with the requirements can result in you being summoned to court in breach.
If you are being investigated for behaviour towards you own children, you should contact us. S1 of the Children and Young Persons Act 1933 makes it an offence for someone with responsibility for a child to “wilfully assault, ill-treat, neglect or abandon” that child “in a manner likely to cause unnecessary suffering or injury to health”.
Criminal Behaviour Orders were brought into force by the Anti-social Behaviour, Crime and Policing Act 2014. They were introduced to replace Anti-Social Behaviour Orders, and are targeted at persistent criminal offending behaviour
It is an offence under Section 1 of the Criminal Damage Act 1971 to damage or destroy property belonging to another, without reasonable excuse. For a person to be guilty of criminal damage they must cause the damage either deliberately or recklessly.
If you are the owner of a dog, or take responsibility for a dog, it is very important to be aware of the law. the Dangerous Dogs Act 1991 makes it an offence in itself to possess or breed certain dogs.
When you apply for a job working with vulnerable adults or children, you will be asked to consent to a DBS check. You may be concerned about convictions or cautions that you have to disclose.
The police, Crown Prosecution Service and Courts take a robust stance on domestic violence that has occurred between people who are in a relationship or have been in a relationship.
A Domestic Violence Protection Notice (DVPN) can be served in cases where police believe a perpetrator has used or threatened violence towards a victim and the victim is at risk.
Most drug related offences (class A, B and C) are charged under the Misuse of Drugs Act 1971. However we can also advise in relation to offences alleged under the more recent Psychoactive Substances Act 2016.
The law which governs firearms is complex. We have strong experience in this field, and will be able to advise you about all aspects of ownership and use.
Offences under the Fraud Act (2006) include: Possession or making or supplying of articles for use in fraud, participation by sole trader in fraudulent business, and obtaining services dishonestly.
Harassment, under the Protection from Harassment Act 1997, is very broadly defined and can involve a range of conduct. The law states that a person must not pursue a course of conduct which amounts to harassment of another, and which he or she knows or ought to know amounts to harassment of the other (s2).
Offences under the Computer Misuse Act 1990 are rarely charged because gathering evidence against individuals is often a specialist task for the police. However, the authorities are becoming more concerned about the damage that hacking and unauthorised access to computers with intent impair operation is causing and the risks to national security.
A Local Authority has the power to prosecute a number of different offences. We have expertise in this area, and experience of dealing with a range of these cases.
You may well have heard in the news references to “County lines” drug operations where illegal drugs are transported from one area to another, often by children or vulnerable people coerced into it by gangs.
Our firm has dealt with a number of these very serious matters over the years and we believe that our lawyers have the judgement and expertise to achieve the best outcome for our clients.
Possession of a blade or pointed article or offensive weapon is a serious offence, which in most cases carries the risk of imprisonment.
These offences against the administration of justice are viewed as serious by the Courts and it is vital that you have access to our advice on these matters.
Where an individual has been convicted of an offence and is before the Crown Court, the Prosecution may apply for a ‘Confiscation Order’ under the Proceeds of Crime Act 2006 (POCA 2006), where it is said that they have benefited from criminal conduct.
Offences alleged under the Public Order Act 1986 are common and very wide- ranging in seriousness.
Allegations of sexual misconduct are naturally very serious, and while under investigation can seriously impact upon the lives of those accused and their families. We have strong experience in this field, and we appreciate the emotional distress caused to those accused of such crimes.
Removal from the Sex Offenders Register is possible, even in cases where the notification period is said to be indefinite. There are now more applications to be removed from the Register than before because of a change in police policy. Call us free to discuss.
The Court has a power to order a restraining order on conviction for any offence, or even in the event of an acquittal. Restraining Orders can have devastating effects on families, and especially those with children.
In the Magistrates Court, we have recently successfully appealed the local council’s decision in respect of a taxi driver whose licence was revoked, on the basis that he was not a “fit and proper person” to hold a licence
This area of law can be particularly complex, and result in serious consequences for drivers. We are able to provide comprehensive advice and representation in relation to all road traffic and motoring offences
The Theft Act 1968 covers these offences and others, for example, shoplifting, theft in breach of trust, theft by finding, going equipped to steal, handling stolen goods, taking a conveyance without consent (including the aggravated offence) or allowing yourself to be carried.
The police may have seized and retained your property: money, mobile phone, laptops, computers. We can assist you in getting your property back, including making an application under the Police Property Act 1897.
Whether you are accused of ‘battery’, ‘common assault’, ‘casing actual bodily harm’, ‘causing or inflicting grievous bodily harm with (s18) or without intent (s20)’ or other more serious offences, we can help establish whether you have a defence.
