Areas of Practice

Criminal Law

Autism is a developmental disability that affects how an individual communicates, interacts socially, and processes information. The criminal justice system in the UK can be particularly challenging for individuals with autism, as they may struggle to understand the rules and procedures, communicate effectively, or process the sensory and emotional aspects of the environment.

Some of the challenges faced by individuals with autism within the criminal justice system include:

Difficulties in communication, which may lead to misunderstandings or mistaken assumptions by police, lawyers, and judges.
Sensory issues, such as sensitivity to noise, light, or touch, which can make it difficult for individuals with autism to cope in police custody, courtrooms, or prisons.
Limited understanding of social context, making it challenging for individuals with autism to interpret nonverbal cues, humour, or sarcasm, which may lead to communication breakdowns and misunderstandings.
Difficulties in processing information, which may lead to confusion or frustration when attempting to understand or navigate the legal process.
Vulnerability to exploitation, abuse, or coercion due to limited social skills, sensory issues, or difficulties in understanding social context and rules.

McArthur solicitors are here to ensure legal provisions are in place so reasonable adjustments can be made to ensure that individuals with autism are not disadvantaged in the criminal justice process.

Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.

Assault An offence of assault can be very serious. For certain offences, this can result in a prison sentence. It can also impact on you for example if you have children and seek contact. We most see this type of charge within a domestic setting, often, where there are difficulties in a relationship or where they are separating.

It is important that you seek advice early and that your case is reviewed and prepared in detail. We will listen to what you have to say, identify what is important to you and help you achieve your desired outcome. We will make submissions on your behalf, provide you with robust advice and ensure that your interests are protected. As we cover a number of areas of law, we will be able to assist you throughout your matter giving your continuity and cost effective representation at a high level of service.

What is an Assault?

Common Assault (Section 39) To be guilty of this offence, you either have to be violent to a person or make them believe they are about to be attacked. Both intentional and reckless offences are covered by this offence. Common assault is a charge used for the least serious type of assaults where usually there is no or little injury caused. If you are found guilty of this offence (provided that the assault if not racially or religiously aggravated), you can be imprisoned for a maximum of six months. This charge would only be heard in a Magistrates Court.

Assault occasioning actual bodily harm (Section 47) To be guilty of this offence, physical harm needs to have been caused by an assault. The maximum sentence for this offence is up to five years imprisonment. ABH is an either way offence which means it can be heard in a Magistrates or Crown Court. Careful consideration will need to be given to decide the best Court which is likely to result in a favourable outcome for you.

Grievous Bodily Harm

Grievous Bodily Harm (GBH) is a serious criminal offence which varies in severity depending on the way in which it is charged and may be tried in either the Magistrates’ Court or Crown Court. A conviction for GBH could result in a substantial custodial sentence. However, the outcome can vary significantly depending on the level of charge, the circumstances of the alleged offending, the circumstances of the alleged offender, and the quality of their legal representation. If you are under investigation or facing a prosecution for GBH, or any violent offence, contact McArthur Solicitors to obtain the quality legal representation required to give you the best chance of success.

Our team is made up of highly skilled and highly qualified fee-earners and support staff, who are all committed to providing comprehensive defence services to individuals facing GBH and other violent offences. We will work diligently to defend your interests and strive for the best possible outcome for your case.

What is Grievous Bodily Harm (GBH)?

GBH is the most serious of non-fatal physical assaults. There are two types of GBH which are defined in Sections 18 and 20 of the Offences Against the Person Act 1861. Whilst the legislation is old, the law remains relevant and it is vital to understand the distinction if you are under investigation or facing a charge for this serious criminal offence. Both types of GBH involve either unlawfully wounding another (i.e. the cutting of the skin) or causing really serious injury to another person. This could range from broken bones to life threatening injuries.

With knife-crime having dramatically increased in recent years, GBH offences are being charged more and more often, with stabbings classifying as GBH-level injuries (wounds). An offence of GBH may be committed intentionally which means that the resulting ‘really serious injury’ is the consequence a person wished to bring about. This is the more serious of the two GBH offences and is contained in Section 18 of the Offences Against the Person Act 1861.

An offence of GBH can also be committed recklessly, where a person does not intend to cause really serious injury but realises the risk that they may cause grievous bodily harm by their actions and proceeds to take the risk anyway. Although the person did not necessarily mean or intend to cause the injury, if they acted maliciously, they may be guilty of an offence of GBH contrary to Section 20 of the Offences Against the Person Act 1861.

Examples of Injuries which classify as GBH:

Fractured Bones – broken arms, legs or ribs for example.
Severe Lacerations – deep cuts which require stitches, surgical intervention or gluing.
Internal Injuries – damage to internal organs such as the heart, liver, kidneys or lungs.
Head Injuries – Skull fractures or traumatic brain injuries, for example.
Loss of limb.
Permanent disfigurement or paralysis.
Gunshot or stab wounds.
Serious Psychological Trauma.

Causing serious injury by dangerous driving is a very serious offence and can be upsetting for everyone involved. If you are under investigation or have already been charged, our wealth of experience and personal approach means that you will be in the best position to build your defence. An offence of causing serious injury by dangerous driving is an ‘either way offence’ meaning it can be dealt with in either the Magistrates or Crown Court. Where the case will be heard will depend on the specific circumstances.

If convicted at the Crown Court is a maximum of 5 years imprisonment and the maximum sentence in the Magistrates Court is 6 months imprisonment. In addition to the custodial element of the penalty, the Court will also order a driving disqualification for a minimum of 2 years as well as an extended re-test. Our expert team are on hand to arrange an initial consultation. We will thoroughly scrutinise any evidence against you, provide clear honest advice, guiding you through the process from start to finish.

Careless driving is defined by section 3ZA RTA 1988. It is driving which falls below what would be expected of a competent and careful driver. At McArthur Solicitors we understand the devastating impact of a careless driving conviction. Careless driving that causes death is a serious motoring offences. You’re bound to be incredibly upset about the incident and anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case.

Death by dangerous driving carries a life sentence and mandatory 5 year driving ban. If you are given a life sentence you will serve, on average, 16.5 years in jail. Your court hearing will take place in the Crown Court and if you plead not guilty, a trial will take place by jury.

If convicted, you will be required to complete an extended retest and, unlike with drink and drug driving cases, can never apply for your licence back early. If you’ve been charged or suspected of committing this offence, you should seek immediate legal advice. Please don’t wait to be charged. Dangerous driving is defined by section 2A Road Traffic Act 1988 (RTA 1988). It is driving falling far below what would be expected of a competent and careful driver, where it would be obvious to a competent and careful driver that driving in this way would be dangerous. It also includes driving where it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. “Dangerous” refers to danger either of injury to any person or of serious damage to property.

At McArthur Solicitors we understand the devastating impact of a dangerous driving conviction. Dangerous driving that causes death is one of the most serious of all motoring offences. You’re bound to be incredibly upset about the incident and anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case.

If you are concerned about an allegation in relation to malicious communications, it is important to have expert legal representation from the outset to ensure that you receive the right advice and approach to the case. Those accused of an offence under the Malicious Communications Act 1988 and Communications Act 2003 are unlikely to be familiar with the legal system and unaware that what may have been thought of as a simple message on social media can have life-changing consequences, including imprisonment.

Today, a large number of criminal offences can be committed using social media. Offences may be committed under the Malicious Communications Act 1988 (in particular, section 1) and, or the Communications Act 2003. Similar to offences under the Malicious Communications Act, one offence under the Communication Act 2003 requires the content of a message to be ‘grossly offensive’, ‘indecent’, ‘obscene’, or of a ‘menacing character’. However, the mental element of the offence is broader as it includes circumstances where a person should have awareness or recognition that sending the message may create insult or a risk of insult to the person to whom the message relates.

Our private client criminal law service is designed to provide a first-class level of care to those facing allegations of malicious communication offences. The bespoke nature of our service means we are able to be dedicated and thorough in our approach to the evidence. Legal cases can be highly stressful for those involved, and so we will work to alleviate as much of the responsibility from you as possible, so you can continue to go about your day-to-day life with minimal impact.

Criminal Defence for Professionals is a specialised legal service that provides top legal defence for professionals accused of criminal offences. Our seasoned Lawyers have extensive experience in handling a wide range of complex criminal cases. We are dedicated to protecting our clients’ legal rights, reputations, and careers by providing thorough legal representation and guidance throughout the legal process. McArthur solicitors have worked with many Professionals including: Lawyers, Doctors, Teachers and a number of West End Actors.

We understand the serious consequences that a criminal conviction can have on your life and livelihood. Our team of Lawyers is committed to crafting a tailored defence based on your unique situation and needs. We take the time to listen to your side of the story and meticulously examine all the evidence and facts of your case. We prioritize communication and transparency. We keep our clients informed throughout the legal process, ensuring you understand all the legal options available to you and the potential outcomes of each. We work closely with you to achieve the best possible outcome for your case, whether it be a favorable plea bargain or a not-guilty verdict at trial. Trust in our team of experienced Lawyers to provide you with the highest level of legal defence for your case.

Criminal Defence for Professionals is a specialised legal service that provides top legal defence for professionals accused of criminal offences.

Our seasoned Lawyers have extensive experience in handling a wide range of complex criminal cases. We are dedicated to protecting our clients’ legal rights, reputations, and careers by providing thorough legal representation and guidance throughout the legal process. McArthur solicitors have worked with many Professionals including: Lawyers, Doctors, Teachers and a number of West End Actors.

There are potentially serious implications to a prosecution for fare evasion or TFL oyster card offences. Railway and train companies are increasingly seeking to crack down on fare evasion, and we are seeing large number of people being prosecuted in the courts for what appear to be very minor infractions.

Fare evasion is punished in court by a fine of up to £1,000. However, the imposition of a criminal conviction often carries far more serious consequences and could lead to the loss of your job. A genuine mistake or misunderstanding can still result in these consequences. However, the Prosecutions Units are typically more concerned with deliberate Fare Evasion, such as buying tickets which do not cover the whole journey or travelling on expired Railcards. In the case of TfL, they tend to prosecute the misuse of ‘high value’ travel cards (Freedom Passes, Zip Cards and weekly or monthly passes).

It is extremely important to know that, with the right approach, a criminal conviction can be avoided. This is what we seek to achieve on your behalf, by settling the matter out of court. We can step in on your behalf to seek to prevent a criminal prosecution at any stage prior to a court hearing date. However, we recommend that this is done as early as possible in the proceedings to maximise your chance of success.

McArthur Solicitors’ Fare Evasion Solicitors can provide advice and services throughout England and Wales. If meeting in person isn’t possible, we can offer remote consultations through Zoom, Teams, Skype and WhatsApp. We can also often offer appointments outside normal office hours. Obtaining legal advice at an early stage is crucial.

If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.

Football Banning Orders are a type of court order, usually made after a conviction for a ‘football related’ offence. They can last between three and ten years and will include one or more conditions which you must obey. Breach of a Football Banning Order is a criminal offence punishable by up to six months in prison. Football Banning Orders were originally designed to prevent football hooliganism in the late 1980s but many supporters now finding themselves facing them, sometimes after conviction for minor offences or even where they haven’t been convicted of any offence at all. There are two possible ways to end up with one:

1. a) After Conviction The court must make a Football Banning Order if you are convicted of a ‘relevant offence’ and it is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder. It is for the Prosecution to show that an order should be made because the offence was, in some way, football related. Relevant offences include:

Possession of alcohol or being drunk while entering/trying to enter ground;
Disorderly behaviour;
Any offence involving the use or threat of violence towards another person or property;
Any offence involving the use, carrying or possession of an offensive weapon;
Drunk and disorderly;
Driving or being in charge of a vehicle with excess alcohol, or driving or being in charge of a vehicle while unfit through drink or drugs.
Throwing of missiles at a football match;
Indecent or racialist chanting;
Going onto the playing area;
Unauthorised sale of tickets.

1. b) ‘On Complaint’ The police can also apply for a Football Banning Order if an officer believes that you have (at any time) caused or contributed to any violence or disorder in the United Kingdom or elsewhere. These applications are usually based on police intelligence reports from football games. Many fans returning from EURO 2016 found themselves facing these applications despite not being charged or convicted in connection with any alleged behaviour in France. If the court is satisfied that there are reasonable grounds to believe it would help to prevent future football-related violence or disorder, they will make a Football Banning Order.

If you face investigation by the police, or proceedings for a football related offence before the Magistrates’ or Crown Court for a football related offence then you will wish to instruct a specialist solicitor.

Harassment
The offence of harassment, contrary to the Protection from Harassment Act 1997, is committed where a person engages in a course of conduct which amounts to the harassment of another person, and they know it amounts to harassment or they ought to know.

“Course of conduct” is a fact-specific assessment. It requires behaviour on more than one occasion, but this need not be the same behaviour on each occasion. A phone call, face-to-face meeting, e-mail, or tweet are different types of behaviour, but when taken together could be considered to amount to a course of conduct depending on factors such as the number of occasions and the period over which this took place.

Conduct which is targeted at a small group of people can also amount to harassment. It is important to note that the behaviour doesn’t have to be the same each time, but the pattern or repetition of actions can make it unlawful.

Stalking
New offences of stalking (in addition to the existing offences of harassment) were introduced by Parliament relatively recently in 2012. The offences are harassment that involves a course of conduct which amounts to stalking.

There are two offences under the stalking legislation: stalking involving fear of violence and stalking involving serious alarm or distress. Stalking behaviours can be highly varied and are not limited to physical actions but also include actions such as contacting someone repeatedly or spying on them.

What is Stalking?
There is no strict definition of stalking in the legislation, but it lists a number of behaviours associated with it:

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

It is considered an offence if this conduct amounts to stalking and causes another person to fear, on at least two occasions, that violence will be used. Alternatively, it is an offence if the conduct causes serious alarm or distress and this has a substantial effect on the person’s day-to-day activities.

Penalties and Sentences
For the basic offence of stalking, the maximum sentence is six months’ imprisonment. For the offence involving fear of violence or serious alarm or distress, the maximum sentence is 10 years’ imprisonment for an offence committed on or after 2 April 2017. The maximum sentence is 5 years for offences committed prior to that date.

In addition to imprisonment, a restraining order to protect the victim from further contact can be imposed. This can be the case even where a defendant is found not guilty of the offence.

This structure breaks down the information into distinct sections, making it easier to digest and follow. Let me know if you need further adjustments!

Cyber and Internet crime is a fast-growing area of the law – and may be prosecuted under various pieces of legislation, including:

Communications Act
Fraud Act
Human Rights Act
Malicious Communications Act
Official Secrets Act
Protection from Harassment Act
Public Order Act

In cases where a youth offender is involved – such as a school pupil – the Education and Inspections Act may also be used to prevent further cyber or Internet crime in schools or among school pupils, including confiscating mobile phones or other devices used for cyber bullying.

Cyber and Internet crime can involve a wide range of circumstances – and it is vital to seek legal advice from Duncan Lewis criminal solicitors as soon as possible if facing allegations or charges involving:

Breaches of the Official Secrets Act
Cyber bullying (e.g., gaming abuse, abusive texts, emails, social media forums)
Hacking
IT crime (e.g., banking fraud, insurance fraud)
Internet fraud (e.g., business fraud, ticketing fraud, online conveyancing fraud)
Making, distributing or downloading indecent images
Online grooming
Revenge porn
Romance fraud
Sending viruses online
Social media fraud and abuse
Terrorism offences
White collar crime

Because of the nature of cyber and Internet fraud, some cases may involve cross-border issues and even extradition.

McArthur Solicitors lawyers can advise on all types of cyber crime and online offences – and have successful departments covering Human Rights and Civil Liberties, as well as Fraud and Business Fraud, Property, Immigration, and Child care law, all of which may be relevant to cyber and online crime.

McArthur Solicitors lawyers also have considerable expertise in defending cases involving young offenders facing charges relating to cyber or Internet crime.

Kidnapping and false imprisonment, also known as illegal or unlawful imprisonment, are very serious offences that may result in life imprisonment upon conviction.

With over 25 years of experience, our criminal defence solicitors have assisted numerous clients faced with serious criminal charges. We will offer you clear and effective guidance concerning your rights and defence options, ensuring your case is proactively built. Additionally, we can provide advice before an arrest if needed.

We understand the confusion and distress that often accompanies criminal charges, particularly those that come with severe sentencing prospects. Our aim is to support and guide you through this trying time with expert legal consultation and sympathetic personal care. This approach gives you the best opportunity to reach a favourable outcome.

Our excellent track record is founded on our ability to successfully and carefully deconstruct cases against our clients, working to prevent criminal repercussions whenever possible.

Our advocates at McArthur Solicitors offer exclusive legal representation services that enable our Kidnap and False Imprisonment Solicitors to defend you from the police station all the way to the Crown Court. This ensures that you have dependable and uniform legal support from lawyers who comprehend your circumstances and can provide optimum defence.

Our team is accessible 24/7 to defend you immediately.

It’s crucial to obtain precise guidance before taking any steps regarding Motor Law, as it is a highly specific and specialized field. The right advice can greatly impact your situation and the final outcome. If you are facing an inquiry or charges for speeding, careless driving, drink driving, dangerous driving, or any other allegation, it’s important to contact us immediately. We will assess your defence options promptly and thoroughly.

At McArthur Solicitors, we understand that facing a driving charge can be highly stressful, especially if you rely on your license. Our lawyers won’t confuse you with legal jargon, but will provide honest explanations of your situation. We offer comprehensive advice and representation for motoring allegations anywhere in England and Wales, and are happy to offer advice to discuss your options.

Our experienced Motor Law Department assists clients on a fee-paying basis in Magistrates’ and Crown Courts and we have expertise in all areas of motoring law, including (but not limited to):

Drink and drug driving
Dangerous driving
Careless driving
Speeding
Special Reasons hearings
No insurance
Failing to provide a specimen
Exceptional hardship arguments

A criminal record possesses the potential to gravely impact your way of life. However, the fact still remains that a police record can come into existence despite your innocence. An instance of a wrongful arrest, police interrogation, or even a warning could give rise to a police record, which can last for decades.

Yet, an opportunity exists for individuals to have these records and corresponding information removed from the Police National Computer. Although you may be innocent of any transgressions, having an accounted list of any police activity could prove to be troublesome in a plethora of ways. This information may prevent you from qualifying for job positions that entail a DBS (Disclosure & Barring) assessment and may cause future impediments in regard to travel, particularly for visa and immigration-related issues.

However, it is widely believed that a police record is only available to those who have been found guilty of committing a criminal infringement. This statement, unfortunately, is not accurate. Even if you are innocent, your record, which is indelibly held on the Police National Computer (PNC) until your hundredth birthday, will encompass every instance of police interaction – ranging from assisting the police in their enquiries to undergoing a trial or inquiry.

If you’re eligible for police record deletion, McArthur Solicitors can help and advise you on your rights, what to do next, and start the record deletion process on your behalf. And our criminal defence specialists have a proven track record in doing just that. Obtaining legal advice is crucial.

If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.

Frequently, those who are unsure about the law, particularly the Theft Act 1968, erroneously conflate accusations of theft or robbery, despite the noticeable disparities between these two terms. Essentially, grasping the variation between these offences is crucial in comprehending the potential legal consequences that an individual may face in the event of being charged with the more severe offence.

Theft
Theft is the unlawful taking and carrying away of someone else’s property, without their consent or knowledge, with the intention of permanently depriving them of it. It is considered a criminal offence and can include stealing assets, cash, goods, or services, amongst others. Theft is punished by law and can result in fines, imprisonment or community service.

Robbery
Robbery is a serious criminal offence that involves the use of force, or the threat of force, to steal something from someone. This can include money, goods, or other property, and is often accompanied by violence or the threat of violence. Robbery is an indictable offence under UK law, and if convicted, can result in severe penalties including lengthy prison sentences.

As a defence law firm, we can assist clients charged with robbery to ensure they receive a fair trial and the best possible outcome.

All criminal cases begin in the Magistrates Court either through a postal requisition or police charge. At McArthur Solicitors, we understand the anxiety and fear that comes with appearing in court, regardless of the charges you face. It’s crucial to seek legal representation as soon as possible to ensure that you are adequately prepared. Our knowledgeable team of advocates represents clients daily in Magistrates Courts throughout the country and has an outstanding reputation. Please contact us to discuss your legal needs.

The Magistrates Court classifies cases into three categories: summary only offences, either way offences, and indictable only offences.

Summary Only Offences
Summary only offences are minor and will only be dealt with in the Magistrates Court. These include common assault, public order offences, and motoring offences.

Either Way Offences
Either way offences begin in the Magistrates Court, but they can be transferred to the Crown Court. Dishonesty offences, drug charges, and assault causing actual bodily harm or wounding are examples of either way offences.

Indictable Only Offences
Indictable only offences, such as robbery and conspiracy, are the most severe and automatically transfer to the Crown Court.

The Magistrates Court has the power to impose a range of sentences, from fines and discharges to community orders and imprisonment. If found guilty, a probation officer will prepare a report assessing the defendant’s suitability for certain sentences. The court will also consider guidelines that outline all aspects of sentencing decisions.

If appearing in court, legal representation is vital from the start. McArthur Solicitors’ experienced team of advocates represents clients daily in Magistrates Courts and provides exceptional service.

Specialist lawyers are available to defend cases involving children and young people. Being arrested, accused of a crime, or summoned to appear in youth court can be a daunting experience for both the young person and their responsible adult. It is important to have a specialist solicitor who understands how to navigate the criminal justice system for individuals under 18.

McArthur Solicitors have a team of experts who have many years of experience representing young people who find themselves in trouble with the law, no matter what stage proceedings have reached. They are passionate about protecting the legal rights of young people and minimising the negative impact a criminal record can have on their future prospects. The firm offers clear and empathetic advice to young people and their parents or guardians. They excel in client care and are available 24/7 to answer any questions.

When a child is arrested, their parent or guardian must be informed immediately, and an appropriate adult must be present. They have the right to legal advice, and it is recommended that they receive it before speaking to the police. If the young person needs representation, McArthur Solicitors offer specialist guidance and representation at police stations and youth court.

If the young person is found guilty of a crime in youth court, the sentence given will depend on a number of factors, including the nature and severity of the offence, their age, whether it is their first offence, and any relevant health or personal circumstances. Possible sentences include discharges, fines, referral orders, youth rehabilitation orders, and custodial sentences.

McArthur Solicitors offer excellent representation and advice for young people in legal trouble.

Some of the challenges faced by individuals with autism within the criminal justice system include:

Difficulties in communication, which may lead to misunderstandings or mistaken assumptions by police, lawyers, and judges.
Sensory issues, such as sensitivity to noise, light, or touch, which can make it difficult for individuals with autism to cope in police custody, courtrooms, or prisons.
Limited understanding of social context, making it challenging for individuals with autism to interpret nonverbal cues, humour, or sarcasm, which may lead to communication breakdowns and misunderstandings.
Difficulties in processing information, which may lead to confusion or frustration when attempting to understand or navigate the legal process.
Vulnerability to exploitation, abuse, or coercion due to limited social skills, sensory issues, or difficulties in understanding social context and rules.

What is an Assault?

Grievous Bodily Harm

What is Grievous Bodily Harm (GBH)?

Examples of Injuries which classify as GBH:

Fractured Bones – broken arms, legs or ribs for example.
Severe Lacerations – deep cuts which require stitches, surgical intervention or gluing.
Internal Injuries – damage to internal organs such as the heart, liver, kidneys or lungs.
Head Injuries – Skull fractures or traumatic brain injuries, for example.
Loss of limb.
Permanent disfigurement or paralysis.
Gunshot or stab wounds.
Serious Psychological Trauma.

Criminal Defence for Professionals is a specialised legal service that provides top legal defence for professionals accused of criminal offences.

If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.

Possession of alcohol or being drunk while entering/trying to enter ground;
Disorderly behaviour;
Any offence involving the use or threat of violence towards another person or property;
Any offence involving the use, carrying or possession of an offensive weapon;
Drunk and disorderly;
Driving or being in charge of a vehicle with excess alcohol, or driving or being in charge of a vehicle while unfit through drink or drugs.
Throwing of missiles at a football match;
Indecent or racialist chanting;
Going onto the playing area;
Unauthorised sale of tickets.

What is Stalking?
There is no strict definition of stalking in the legislation, but it lists a number of behaviours associated with it:

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

In addition to imprisonment, a restraining order to protect the victim from further contact can be imposed. This can be the case even where a defendant is found not guilty of the offence.

This structure breaks down the information into distinct sections, making it easier to digest and follow. Let me know if you need further adjustments!

Cyber and Internet crime is a fast-growing area of the law – and may be prosecuted under various pieces of legislation, including:

Communications Act
Fraud Act
Human Rights Act
Malicious Communications Act
Official Secrets Act
Protection from Harassment Act
Public Order Act

Breaches of the Official Secrets Act
Cyber bullying (e.g., gaming abuse, abusive texts, emails, social media forums)
Hacking
IT crime (e.g., banking fraud, insurance fraud)
Internet fraud (e.g., business fraud, ticketing fraud, online conveyancing fraud)
Making, distributing or downloading indecent images
Online grooming
Revenge porn
Romance fraud
Sending viruses online
Social media fraud and abuse
Terrorism offences
White collar crime

Because of the nature of cyber and Internet fraud, some cases may involve cross-border issues and even extradition.

McArthur Solicitors lawyers also have considerable expertise in defending cases involving young offenders facing charges relating to cyber or Internet crime.

Kidnapping and false imprisonment, also known as illegal or unlawful imprisonment, are very serious offences that may result in life imprisonment upon conviction.

Our excellent track record is founded on our ability to successfully and carefully deconstruct cases against our clients, working to prevent criminal repercussions whenever possible.

Our team is accessible 24/7 to defend you immediately.

Our experienced Motor Law Department assists clients on a fee-paying basis in Magistrates’ and Crown Courts and we have expertise in all areas of motoring law, including (but not limited to):

Drink and drug driving
Dangerous driving
Careless driving
Speeding
Special Reasons hearings
No insurance
Failing to provide a specimen
Exceptional hardship arguments

If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.

As a defence law firm, we can assist clients charged with robbery to ensure they receive a fair trial and the best possible outcome.

The Magistrates Court classifies cases into three categories: summary only offences, either way offences, and indictable only offences.

Summary Only Offences
Summary only offences are minor and will only be dealt with in the Magistrates Court. These include common assault, public order offences, and motoring offences.

Indictable Only Offences
Indictable only offences, such as robbery and conspiracy, are the most severe and automatically transfer to the Crown Court.

McArthur Solicitors offer excellent representation and advice for young people in legal trouble.

Sexual Offences

Historic Sexual Abuse

Historic sexual abuse refers to any sexual activity that occurred years or decades ago, with the perpetrator and victim in question now being adults. When accusations of historic sexual abuse arise, it refers to cases that have happened in the past and may have not been reported or prosecuted at the time due to a range of factors such as fear, lack of understanding, or coercion.

Historic sexual abuse cases can be very complex and sensitive, particularly when it comes to gathering evidence and interviewing witnesses. For this reason, it is essential to seek legal advice from one of our experienced lawyers that specialise in these matters.

If you find yourself in the unfortunate position of facing an allegation, it is understandable that you may be experiencing a range of emotions, including anxiety and anger due to an unjust accusation. You may feel that it is unnecessary to engage a lawyer if you believe there is no evidence against you. However, unfortunately, this is not a recommended approach.

When one person’s statement is pitted against the other, it does not mean that the authorities will simply halt their investigation. Furthermore, the investigation may not be impartial and objective, and there may be instances where the authorities focus on uncovering evidence to support the accuser rather than disproving the charges.

Therefore, it is highly recommended that you engage the services of an experienced lawyer who can provide you with guidance and support to navigate the legal system. They can help ensure that your case is reviewed objectively, evidence is gathered, and your legal rights are protected.

What happens if someone is arrested for historic sexual abuse?

If someone is arrested for historic sexual abuse, they will be taken into custody and taken to a police station for questioning. The police can detain the individual for up to 24 hours without charge but can apply to extend the detention period for up to 36 hours more. The person has the right to legal representation during their detention.

During the investigation, the police will question the individual and collect evidence, including witness statements, documents, and digital or forensic evidence. Once the investigation is complete, if the police believe there is enough evidence, they will charge the suspect. If the suspect is not charged, they will be released without charge.

If the suspect is charged, they will be taken to court to face trial. The trial will determine whether they are guilty of the charges of historic sexual abuse. During the trial, the prosecution will attempt to prove beyond a reasonable doubt that the individual committed the alleged offenses. If the defendant is found guilty by the court, they will face a sentence that could include imprisonment, community service, or fines.

It is important to note, it is fundamental that you employ the services of a lawyer to support you throughout the police inquiry, particularly as soon as you discover that you are being falsely alleged.

What you say in the police investigation is incredibly significant and may have enduring ramifications on the case. It is possible to make an error in the interview and that does not pertain to your guilt. It is stressful, primarily when recalling the intricate details of events that happened several years ago.

What are the possible penalties for historic sexual abuse?

The penalties for historic sexual abuse charges in the UK depend on a variety of factors, including the severity of the offense, the age of the victim, and any aggravating or mitigating circumstances. Sentences for historic sexual abuse can range from fines and community service to life imprisonment, depending on the nature and severity of the offense.

Sentencing guidelines provide a framework for determining the appropriate sentence, taking into account the seriousness of the offense and the harm caused to the victim. Some examples of possible sentences for historic sexual abuse charges are:

– For lesser offenses, such as indecent assault, the perpetrator could face up to two years in prison.

– For more serious offenses, such as rape or sexual assault, the perpetrator could face up to life in prison.

– For offenses against children, the sentence may be more severe due to the vulnerability of the victim. In these cases, a life sentence is more likely to be imposed for the most serious offenses.

It is important to note that the court will consider various factors before determining the appropriate sentence, including the perpetrator’s criminal record, their level of culpability, and any mitigating circumstances that may apply.

If the case proceeds to court, it is necessary to ensure proper representation by an lawyer who specialises in handling such cases. Historical false accusations require input on sophisticated lawful matters and legal proceedings, which McArthur Solicitors have acquired and mastered over the years.

The term ‘indecent images of children’ means a sexual image of a child (anyone under the age of 18).

The indecent nature is an issue for the tribunal of fact to decide in accordance with recognised standards of propriety (R v Stamford [1972] 56 Cr. App. R. 398). It is therefore an objective test. However, the circumstances in which the photograph came to be taken and motive of the taker are not relevant; it is not the defendant’s conduct which must be indecent but the photograph of the child which results from it (R v Graham-Kerr (1989) 88 Cr App R 302; R v Smethurst [2002] 1 Cr. App. R. 6).

Broadly, in the context of commonly prosecuted cases they are images that involve:

Images of nude or partially clothed children
Images of children posing sexually or provocatively
Self-generated sexual images by children (‘selfies’)
images depicting children engaging in both penetrative and non-penetrative sexual activity

These definitions apply to still images, videos and pseudo-photographs.

What happens if someone is arrested for indecent images offences?

If someone is arrested for indecent images offences, they will be taken into custody and taken to a police station for questioning. The police can detain the individual for up to 24 hours without charge, but they can apply to extend the detention period for up to 36 hours more. During their detention, the individual has the right to legal representation.

Once the initial investigation is complete, the police may seize any electronic devices related to the offence for further forensic examination. If the examination reveals any evidence of indecent images, the suspect will be charged and taken to court to face trial.

What are the possible penalties for indecent images offences?

The penalties for indecent images offences depend on the severity of the offence. The maximum sentence for possession of indecent images is up to five years imprisonment, and for distribution, it is up to fourteen years imprisonment. The sentence can vary depending on factors including the number, nature, and severity of the images involved.

In addition to imprisonment, a conviction for indecent images offences can also lead to a requirement to register as a sex offender, which can impact the individual’s future employment prospects and cause significant social stigma.

At McArthur Solicitors, we have extensive experience in dealing with accusations of a sexual nature. We acknowledge that being arrested for such allegations can be a daunting experience, particularly for individuals who have never experienced it before. Sexual allegations can create a tremendous emotional burden, impacting current relationships, reputation, and even career prospects. We understand the gravity of such issues and are here to provide support throughout the legal process.

Our team of proficient criminal defence lawyers understands all the potential defences for indecent images charges, ensuring no possible angle of defence goes overlooked.

Rape

Rape is a criminal offence that involves intentionally penetrating another’s vagina, anus or mouth with a penis, without the other person’s consent. Rape cases require a sensitive and specialised approach and often involve complex legal issues.

What happens if someone is arrested for rape?

If someone is arrested in the UK for rape offences, they will be taken to a police station for questioning. After questioning, the police may charge the person, release them on bail, or release them under investigation while they continue to investigate the allegations.

If charged, the person will be taken before a magistrates’ court, where they will be given the option to plead guilty or not guilty. If they plead guilty, the case will proceed to a sentence hearing, where the court will decide on the appropriate punishment. If they plead not guilty, the case will proceed to trial in the Crown Court.

During the trial, the prosecution will present evidence, and the defence will be given the opportunity to challenge the evidence presented. The judge will instruct the jury on the law and the evidence presented, and the jury will then decide on the verdict.

What are the possible penalties for rape?

The penalties for rape can vary depending on the severity of the offence and the defendant’s criminal history. Here are some possible penalties:

Community orders or suspended sentences: This is a non-custodial sentence, where the defendant is given a community order or suspended sentence, with conditions such as unpaid work or attending rehabilitation programs.

Imprisonment: Rape is a serious offence, and the most common penalty for rape is imprisonment. The length of the sentence can vary from several years to life imprisonment, depending on the severity of the offence.

Life imprisonment: Life imprisonment is the maximum penalty for serious rape offences, such as multiple rapes against adults or children, or rape involving serious violence or causing life-long harm to the victim.

McArthur Solicitors understand the sensitive and emotionally challenging nature of rape cases, and will provide you with the support and expertise necessary to navigate the legal system.

Sexual Assault

The overall definition of sexual or indecent assault is an act of physical, psychological and emotional violation in the form of a sexual act, inflicted on someone without their consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts.

Sexual assault does not have to cause physical injury; it can cause injuries that can’t be seen, such as emotional distress.

The definition of indecent assault is an older legal term and was largely replaced by the Sexual Offences Act 2003 and included ‘unwanted sexual contact’, but does not extend to penetrative sexual assault or rape. Indecent assault could apply to something physical that took place in a sexual way without the victim’s consent, including where the contact was sexual but over clothing.

Sexual assault by penetration is when a person penetrates another person’s vagina or anus by using an object (or any other body part other than a penis) without the person’s consent. This penetration can include objects like bottles or body parts like the tongue or fingers. The penetration can happen between any gender.

However, if a person penetrates another’s vagina or anus with a penis without consent, then that is defined as rape and cases involving this accusation would come under rape allegations.

What happens if someone is arrested for sexual assault offences?

When someone is arrested for sexual assault, they will first be taken to a police station for questioning. The police will formally interview the suspect and record a statement, which may be used as evidence in court.

If the police have reasonable grounds to suspect that the person committed a sexual assault, they can charge them and bring them before a court. If the police do not have sufficient evidence to charge the suspect at that time, they may be released pending further investigation.

Once charged, the suspect will appear before a magistrate’s court. The court will decide whether or not to grant bail and how the case will proceed. In some cases, the case may be referred to the Crown Court for a trial.

During the trial, the prosecution will present evidence to show that the accused has committed the offence. The defence will also have the opportunity to present evidence to refute the allegations.

If the accused is found guilty, they will be sentenced by the court. The sentence can range from community orders to life imprisonment, depending on the severity of the offence and the defendant’s criminal history. If the accused is found not guilty, they will be acquitted and free to leave.

What are the possible penalties for sexual assault offences?

Sexual assault is classified into different categories based on the level of harm involved. With the help of an experienced sexual assault solicitor, it may be possible to avoid or reduce a prison sentence. It’s important to note that each case is unique and assessed based on the facts, but here are some examples (for individuals over 18 years old):

– Category 1: Culpability found may result in a sentence of three to eight years for sexual assault, which may involve factors like abduction, threats of violence, or psychological harm. No culpability may result in four years’ imprisonment.

– Category 2: A sentence of one to four years may apply depending on the level of culpability for sexual assault, which may include touching of the alleged victim.

– Category 3: For non-violent sexual assault, if preplanned, detainment for up to one year or high-level community order (with no culpability) may apply.

At McArthur Solicitors, we are dedicated to defending individuals who have been accused of rape and sexual assault. We understand the gravity of these allegations and the serious impact they can have on our clients’ lives. Our highly skilled legal team has extensive experience in providing expert representation in rape cases, and we will tirelessly work to protect our clients’ rights and defend their interests.

We recognise that rape allegations can cause significant emotional distress and we take a sensitive and tailored approach to each case. We provide our clients with the support and guidance they need through the legal process, and we strive to achieve the best possible outcome in every case.

At McArthur Solicitors we understand the devastating impact of a rape or sexual assault conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for rape or sexual assault charges, ensuring no possible angle of defence goes overlooked.

If you believe that your inclusion on the sex offender’s register is no longer necessary for the protection of the public or particular individuals against sexual harm, you can apply to the police to request your removal from the register. However, it is essential to support your assertion with evidence, demonstrating that the risk of sexual harm is low, and that an indefinite notification will have a significant impact on your life.

To maximise your chances of a successful application, it is recommended to seek professional assistance from experienced solicitors such as McArthur Solicitors. We can ensure that your application is professionally drafted, covering all the relevant statutory factors which the police are required to consider, such as the seriousness of the original offence, the length of time elapsed since the commission of the offence, and any evidence demonstrating that you do not pose a risk of sexual harm.

Once the application has been submitted, the police will consider your request and communicate their decision in due course. If you need assistance with the application process or require legal representation, McArthur Solicitors can guide you through the process, ensuring that your rights are protected and helping you achieve the best possible outcome.

Obtaining legal advice is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.

Revenge porn is the non-consensual sharing of sexually explicit images or videos online, resulting in the victim’s humiliation, embarrassment and distress.

At McArthur Solicitors, we understand the sensitive nature of revenge porn cases, and the serious impact they can have on people’s personal and professional lives. Our highly skilled team of legal professionals has extensive experience in defending individuals who have been accused of committing a revenge porn offence.

We take a proactive and tailored approach to our clients’ cases, leaving no stone unturned to seek the best possible outcome. Our dedicated team of lawyers is well-versed in the legal nuances surrounding revenge porn cases, and we strive to provide each client with the support and guidance required to navigate the complex legal process.

Our clients have peace of mind, knowing that they have a trusted advocate with a wealth of experience and a successful track record in winning cases.

If you have been accused of committing a revenge porn offence, do not hesitate to contact McArthur Solicitors for expert legal representation. We will work tirelessly to protect your interests and defend your rights in a professional and efficient manner.

What happens if someone is arrested for revenge porn offences?

The consequences of being arrested for revenge porn can be severe. If you are arrested for this offence, the police will typically investigate the allegations made against you and may seize your devices such as your phone, computer, tablet or other equipment that could hold evidence related to the offence. The evidence will then be used to build a case against you.

Depending on the severity of the offence and the evidence that has been gathered, you may be charged with a criminal offence, which could result in a criminal record, imprisonment and/or a fine. You may also face civil actions for damages from the victim.

If you are charged with a revenge porn offence, it is crucial to seek legal advice from a qualified and experienced lawyer, as soon as possible. This will help you understand the legal process and provide you with the necessary support and guidance to navigate the complex legal system.

At McArthur Solicitors, we have a team of highly skilled lawyers who have extensive experience in defending individuals who have been charged with revenge porn offences. We take a proactive and tailored approach to each case, leaving no stone unturned to seek the best possible outcome for our clients. We understand the devastating consequences that a revenge porn allegation can have on a person’s life and we are dedicated to providing our clients with the support and representation they need to defend their rights.

What are the possible penalties for revenge porn offences?

In the UK, revenge porn is a criminal offence that can result in a range of penalties if you are convicted. The penalties you may face can vary depending on the severity of the offence and the circumstances surrounding it. Here are some of the possible penalties for revenge porn offences in the UK:

Imprisonment: If you are found guilty of a revenge porn offence, you could face a prison sentence. The maximum sentence for a conviction in the Crown Court is 2 years, whereas in the Magistrates’ Court it is 12 months.

Fines: You may face a fine if you have been convicted of a revenge porn offence. The fine amount can vary depending on the nature and severity of the offence, with penalties ranging from a few hundred pounds to tens of thousands of pounds.

Criminal record: A conviction for a revenge porn offence can result in a criminal record, which can have a significant impact on your future job prospects and personal life.

Community Service: Instead of a custodial sentence, the court may sentence the offender to perform unpaid work in the community.

Restraining Orders: The victim may apply for a restraining order to prohibit the perpetrator from contacting the victim or posting any further material online.

At McArthur Solicitors, we understand the serious consequences of a revenge porn allegation and will strive to provide you with the best possible outcome for your case.

The offence is committed when “A person aged 18 or over intentionally communicates with a child under 16, who the adult does not reasonably believe to be 16 or over, if the communication is sexual or if it is intended to encourage the child to make a communication which is sexual.”

More specifically, it refers to any form of communication—whether verbal, written, or digital—that involves sexual content or grooming behaviour towards a minor. This can include explicit messages, requests for sexual images or videos, or attempts to initiate sexual activity.

What happens if someone is arrested for sexual communication with a child offences?

If someone is arrested for sexual communication with a child, they will be taken into police custody to be questioned and charged. The police will typically investigate the allegations made against you and may seize your devices such as their phone, computer, tablet or other equipment that could hold evidence related to the offence. The evidence will then be used to build a case against them. If charged, they will be summoned to appear in court for the offence.

What are the possible penalties for sexual communication with a child?

Initially, the court evaluates the “harm” inflicted by the offence, classifying it into category 1 or 2. Category 1 covers exchanges involving sexual media or causing significant psychological distress to the victim, whereas Category 2 involves less severe cases.

Subsequently, the court assesses the offender’s “culpability”. Factors like threats, group offences, or commercial motives fall under culpability A, while less severe cases fall under culpability B.

Based on the determined categories of harm and culpability, the court will establish the starting point for the sentence, which can range from community orders to imprisonment, depending on the severity and recurrence of the offence. That said, the maximum sentence for sexual communication with a child is 2 years in prison.

Despite all of this, a conviction for sexual communication with a child automatically subjects the individual to the sex offender registry’s notification requirements.

At McArthur Solicitors, we have extensive experience in dealing with accusations of a sexual nature. We acknowledge that being arrested for such allegations can be a daunting experience, particularly for individuals who have never experienced it before. Sexual communication with a child allegations can create a tremendous emotional burden, impacting current relationships, reputation, and even career prospects. We understand the gravity of such issues and are here to provide support throughout the legal process.

Our team of proficient criminal defence lawyers understands all the potential defences for sexual communications with a child charges, ensuring no possible angle of defence goes overlooked.

At McArthur Solicitors, we have extensive experience in dealing with accusations of a sexual nature. We acknowledge that being arrested for such allegations can be a daunting experience, particularly for individuals who have never experienced it before. Sexual offences involving children allegations can create a tremendous emotional burden, impacting current relationships, reputation, and even career prospects. We understand the gravity of such issues and are here to provide support throughout the legal process.

If you have been arrested for any of the following reasons, don’t hesitate to get in touch with McArthur Solicitors. Contact us today to schedule a consultation and see how we can assist you in navigating the legal system.

Child sex offences
Offences against children under 13
Rape of a child under 13
Assault of a child under 13 by penetration
Sexual assault of a child under 13
Causing or inciting a child under 13 to engage in sexual activity
Offences against children under 16
Reasonable belief to age
Child sex offences committed by youths
Arranging/facilitating child sex offence

Sexual Offences Prevention Orders (SOPO) were replaced by Sexual Harm Prevention Orders (SHPO) in March 2015. A SHPO is a legal measure designed to safeguard the public, typically children and vulnerable adults, from individuals deemed to pose a risk of sexual harm. SHPOs fall under Section 103 of the Sexual Offences Act 2003.

McArthur Solicitors has been providing legal defence services for over twenty-five years to individuals accused of sexual misconduct, including assistance in relation to Sexual Harm Prevention Orders (SHPO). Our team of experienced lawyers specialises in defending individuals against both the imposition of new SHPO orders and in appealing current ones. We believe in ensuring that our clients’ version of events is fully heard, and every possible legal avenue is explored to safeguard their rights. Our dedicated defence lawyers will work diligently to protect the interests of our clients and ensure they receive the best possible defence representation.

Obtaining legal advice is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.

Upskirting is when someone photographs or records images of underneath someone else’s clothing, without permission, to view genitals or buttocks.

Voyeurism Act 2019

The Voyeurism Act, which became law in April 2019, prohibits someone from operating equipment beneath the clothing of someone else to see or record genitals, buttocks, or underwear covering those areas. The areas must otherwise not be visible, the images must be taken without consent, and the intent of the person taking the images must be to obtain sexual gratification or to cause humiliation, alarm or distress.

What happens if someone is arrested for voyeurism and upskirting?

If someone is arrested for voyeurism and upskirting, they will be taken into police custody to be questioned and charged. If charged, they will be summoned to appear in court for the offence.

What are the possible penalties for voyeurism and upskirting?

Voyeurism and upskirting are criminal offenses that are taken seriously. Anyone found guilty of these offenses could face severe penalties, including imprisonment, a fine, and being placed on the Sex Offender Register. Here are the possible penalties for these crimes:

Voyeurism:

– Imprisonment for up to two years for the offense of voyeurism.

– A fine.

– A requirement to undertake sex offender treatment.

Upskirting:

– Imprisonment for up to two years for the offence of upskirting.

– A fine.

– Confiscation of the device involved in the offense.

– A requirement to undertake sex offender treatment.

At McArthur Solicitors we understand the devastating impact of a voyeurism and upskirting conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for voyeurism and upskirting charges, ensuring no possible angle of defence goes overlooked.

Historic Sexual Abuse

What happens if someone is arrested for historic sexual abuse?

What are the possible penalties for historic sexual abuse?

– For lesser offenses, such as indecent assault, the perpetrator could face up to two years in prison.

– For more serious offenses, such as rape or sexual assault, the perpetrator could face up to life in prison.

– For offenses against children, the sentence may be more severe due to the vulnerability of the victim. In these cases, a life sentence is more likely to be imposed for the most serious offenses.

The term ‘indecent images of children’ means a sexual image of a child (anyone under the age of 18).

Broadly, in the context of commonly prosecuted cases they are images that involve:

Images of nude or partially clothed children
Images of children posing sexually or provocatively
Self-generated sexual images by children (‘selfies’)
images depicting children engaging in both penetrative and non-penetrative sexual activity