Careless & Dangerous Driving Solicitors

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

The legislative landscape on corruption and bribery has undergone significant changes in recent years with the introduction of the Bribery Act 2010 in 2011. Global pressure for stronger laws has resulted in this legislation. A corruption or bribery allegation can be extremely damaging to an individual or company. Our legal experts have vast experience in defending these types of allegations, including serious fraud.

The Serious Fraud Office places a great deal of emphasis on combatting bribery and corruption by encouraging self-reporting as an alternative to bearing the consequences of a criminal conviction. The City of London Police Insurance Fraud Enforcement Department (IFED) has recently utilized the Bribery Act to tackle insurance fraud. Companies must ensure that they have taken adequate anti-bribery measures to prevent such actions which can help provide a defence.

Bribery Act

The provisions of the Bribery Act can heavily impact businesses, both large and small. The act covers various offences such as failure to prevent bribery, which is an offence committed by a company unless it can prove that it had taken adequate measures to stop such misconduct. Senior officers of a company can also face prosecution in case of bribery offences that they were involved in. Additionally, bribing foreign public officials with an aim to gain or retain business is also an offence.

It is prudent to be mindful of corporate hospitality as it can be a risky area. Facilitation payments demanded by officials can also result in prosecution. The Serious Fraud Office has deployed significant resources to bribery cases. Entities associated with them who believe that they may have been involved in bribery or corruption can self-report and negotiate a Deferred Prosecution Agreement (DPA).

Dawn raids can also be carried out by investigating authorities, and McArthur Solicitors have extensive experience in dealing with these cases.

At McArthur Solicitors we understand the turmoil of a corruption and bribery 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 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 corruption and bribery charges, ensuring no possible angle of defence goes overlooked.

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.

If you or your company is subject to a “dawn raid,” it is advisable to seek legal advice immediately. We offer a 24-hour service, and if the visit is ongoing, we can provide practical advice and attend your premises immediately to safeguard your interests.

Unannounced visits by investigatory bodies like the police or HMRC can be a distressing experience that could cause severe disruption to the lives of individuals and businesses. The term “dawn raid” usually refers to an unannounced visit from an investigator, such as the Serious Fraud Office, the Financial Conduct Authority, Trading Standards, or the Health and Safety Executive. They operate under court-granted powers and statutory authority that permit them to seize material relevant to an investigation. Search warrants can be executed on not only the premises of the subjects under suspicion but also third-party properties that may not be under investigation.

How can McArthur Solicitors Help?

In the event that an individual or their business becomes subject to a dawn raid, it is imperative that immediate action is taken to secure appropriate representation. Our proficient legal team can swiftly verify the legality of the visit in conjunction with investigating parties’ orders. Furthermore, we can facilitate and observe the search and establish expeditious communication with the investigators.

We specialise in crisis management and can provide guidance on addressing media and addressing any client or employee predicaments that may arise following the search. If material obtained during the search is subject to legal privilege, we can offer advice on how to proceed accordingly.

Moreover, where relevant, we can take measures to retrieve seized materials and further advise on Restraint Orders that may arise from the raid. According to the Police and Criminal Evidence Act 1984, we can demand that documentation be replicated or obtain copies of seized materials.

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.

Our proficient business crime team can provide extensive aid to individuals and companies accused of various forms of fraud, including furlough fraud. We offer guidance, support, and representation, ensuring that your defence is robust and effective. Our services also extend to representing businesses and individuals appealing against HMRC determinations. In such instances, we assist in recovering overpayments by civil enforcement.

How can McArthur Solicitors Help?

We collaborate with our clients, providing the best possible legal advice to facilitate a strong defence. As fraud cases and HMRC appeals are multifaceted in nature, we often engage financial service experts, accountants, forensic computer specialists, media law advisers, and reputation management consultants to build the strongest possible defence case.

To optimize your chances of success, it is essential to seek our legal advice as soon as you are notified of an investigation. However, we are available at any point to provide guidance and representation.

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.

It is important to understand the role of the Financial Conduct Authority (FCA) in regulating financial services. The FCA serves as the watchdog for financial services in the country, and is vested with the authority to launch criminal investigations and seek account freezing and forfeiture orders. Additionally, it often employs a ‘dual track’ approach by combining regulatory and criminal investigations to ensure compliance with its guidelines.

It is significant to note that the FCA has the power to investigate both organisations and individuals that are within those organisations. It is not necessary for organisations to be authorized by the FCA to be subjected to investigation. The scope of FCA’s investigations includes allegations relating to money laundering, market abuse, insider trading, misleading statements, and activities involving the promotion of collective investment schemes. Regulatory breaches by organizations and individuals also fall within the purview of the FCA.

Therefore, it is important for individuals and organisations in the financial services sector to comply with the guidelines and regulations established by the FCA to avoid investigation and potential legal ramifications. Legal advice from a qualified defence solicitor can assist in ensuring compliance and mitigating any legal risks.

How can McArthur Solicitors Help?

McArthur Solicitors provides a comprehensive overview of the FCA investigation process to the clients and assist them in anticipating the course of events. We update the clients regarding any progressions that take place during the investigation, using a comprehensible language to evade confusions. Our legal representation in FCA talks reduces the burden on clients, instilling a sense of security and peace of mind that a seasoned defence solicitor is working towards their best interests. Keeping clients informed helps assuage any anxiety they may have.

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.

If you are facing investigation by HMRC, our skilled tax investigation solicitors can provide confidential and affordable advice and representation. These investigations can come in many forms for businesses and individuals, but our team at McArthur Solicitors is equipped to help you through all of them, including VAT inspections, COP 8 and COP 9 investigations, criminal tax investigations, tax evasion and avoidance cases, and offshore tax evasion and avoidance.

How can McArthur Solicitors Help?

HMRC is a powerful investigative entity with the authority to initiate civil tax investigations or criminal tax investigations when there is suspicion of tax evasion, underpayment, or fraud. Civil tax investigations are typically conducted for significant cases and may involve artificial tax arrangements or avoidance schemes used to evade tax. Where serious tax fraud is suspected, HMRC may opt to handle the investigation civilly. However, if subsequent investigations reveal more serious criminal tax evasion, the civil tax investigation may be upgraded to a criminal tax investigation.

Our team of specialist tax investigation solicitors and fraud lawyers has extensive experience in advising and defending clients facing all forms of HMRC investigations and inquiries, including tax fraud investigations, HMRC fraud, tax inquiries, criminal tax evasion, and civil tax investigations. For confidential advice on any tax investigation matter, speak to us today.

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.

Our team specialising in regulations has extensive experience in providing consultations to businesses on investigations conducted by the criminal enforcement team of the Insolvency Service. We can also help minimize any negative impacts on your business.

The criminal enforcement team aims to tackle fraud related to insolvency and corporate misconduct by investigating and prosecuting violations of Insolvency and Company Law, with the objective to prevent such fraud in companies and bankrupts. They have the authority to request specific documents and information from your company, which can be copied by an investigator appointed by them. If your company fails to comply, the investigator may obtain a search warrant and conduct a search of your premises with the assistance of the police to seize relevant company documents. In minor cases, they may issue a warning to a company director and request them to rectify any issues that are uncovered.

How can McArthur Solicitors Help?

The Companies Investigations Branch can be navigated with the aid of our knowledgeable attorneys. We can identify the requested details and collaborate with you to evaluate the actual concerns. Furthermore, we can aid you in mitigating any dangers that may be faced by you or your company.

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.

If you or your company is under investigation by the Serious Fraud Office it is essential that you contact a specialist law firm with experience of dealing with large scale, complex fraud cases.

The SFO investigates cases involving serious or complex fraud, bribery and corruption. These cases often involve high financial loss, significant economic harm, a strong public interest and may often undermine UK PLC’s commercial or financial interests in general and the City of London in particular.

Serious Fraud Office

In April 2024, Nick Ephgrave, Director of the SFO, set out the SFO’s five-year Strategy. He places emphasis on a stronger more dynamic and pragmatic organisation, one which is capable of enhancing the UK’s reputation as a ‘safe place to do business’.

The vision contained within the Strategy is to ‘specialise, collaborate and innovate to lead the fight against serious fraud, bribery and corruption’.

The criteria for the SFO taking on a case

The SFO will take on large economic crime cases. This may be any case which, in the opinion of the Director appears to involve serious or complex fraud, bribery or corruption. The Director will take into account the actual or intended harm that may be caused to the public or the reputation and integrity of the UK as an international financial centre on the economy and prosperity of the UK. He will also consider the complexity and nature of a suspected offence and whether it warrants the specialist skills, powers and capabilities of the SFO.

Not only do the SFO have a different approach to intelligence gathering during the “pre-investigation” stage with regard to Section 2 powers (see below), they also have a different approach to investigation and prosecution. A non SFO case will be investigated by police officers and then prosecuted by lawyers. At the SFO, the Director, investigators and lawyers all work together from the outset with no separation of function.

Deferred prosecution Agreements

The Director of the SFO may consider a deferred prosecution agreement, which is an agreement between the SFO and the organisation which could be prosecuted and which is supervised by a judge. It allows a corporate body to make reparation for criminal behaviour without the damage of a conviction. It must be in the interests of justice and the terms must be “fair, reasonable and proportionate”. These agreements are intended to be transparent.

The SFO and Assisting Offenders Legislation

A stated aim of the SFO in 2024 and beyond is to make greater use of ‘assisting offenders’ legislation. Director, Nick Ephgrave is on record as saying that the SFO not making sufficient use of the Serious Organised Crime and Police Act 2005 provisions in respect of provisions for immunity, undertakings, agreements for plea and reduction in sentence and those for sentence review (sections 71-74 SOCPA). We can advise clients on these provisions.

Section 2 Interviews and Notices

We advise clients required by the SFO to attend a compulsory interview under Section 2 of the Criminal Justice Act 1987 and those required to produce documents (Section 2 Notices).

How can McArthur Solicitors Help?

Our experts in the field of fraud possess extensive experience in safeguarding against investigations and prosecutions that are initiated by the Serious Fraud Office. Our reputation is built on our proactive approach towards intricate investigations. Prior to a cautionary interview, we strive towards acquiring thorough disclosures from the investigators of the Serious Fraud Office by meticulously constructing a defence strategy on behalf of our clients.

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.

What does this mean?
There is a criminal offence of intentionally assisting offences believing one or more will be committed. Here we look at a recent example.

Jordan Atkinson
Jordan Atkinson was charged with this offence and sentenced to eight years’ imprisonment. The offence he assisted was wounding with intent to cause grievous bodily harm. Several co-accused were convicted of murder, wounding and assisting an offender.

Atkinson appealed against his sentence, and the Court saw an opportunity to give guidance on sentencing such offences.

What had Atkinson Done?
Atkinson was sentenced on the basis that first, he drove Cox (the man convicted of murder and wounding) to collect a stolen car which was then used to take him to the scene of the murder.

Second, he believed at the time of his assistance that Cox was to commit an offence of causing grievous bodily harm with intent but without knowledge that a firearm would be used.

He had been with Cox when he bought two machetes before collecting the car, and the judge concluded that the appellant was prepared to help Cox with anything that was asked of him.

Sentencing for this offence
There are no sentencing guidelines for this offence, so the judge followed the guideline for the offence that was anticipated. In an earlier case, the Court emphasised the importance of focusing on the offence contemplated by the accused, in this case, that was assisting causing grievous bodily harm with intent.

It was said in the earlier case “when those ingredients of the section 46 offence are proved or admitted, it seems to us that the appropriate sentence generally will not differ significantly, and may perhaps not differ at all, from the sentence which would have been appropriate for the anticipated offence for conspiracy to commit the anticipated offence.”

You might expect someone charged with assisting the offence to be dealt with less severely than the person committing the offence. There is no rule, however, to say that it should be dealt with at a lower level.

The sentencing judge determined that Atkinson believed serious violence would be committed with a machete. He also observed that those who assist others in committing serious offences play an important role in the anticipated offence without actually committing it.

The Court of Appeal
The Court of Appeal agreed with the sentencing judge. It also drew attention to the fact that there is now a general sentencing guideline available where there is no offence-specific guideline.

The Court held that the appropriate sentence will not generally be significantly different, or at all, from the sentence which would have been appropriate for committing the anticipated offence. A sentencing judge will need to consider:

1. the relevant factual background;
2. the nature of the offence the accused believed would be committed;
3. the actual assistance provided; and
4. the link between the assistance and the anticipated offence.

The Appeal
Atkinson’s appeal was dismissed, eight years was said to be well within the sentencing range for this offence.

At McArthur Solicitors we understand the devastating impact of assisting an offender convictions. 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 assisting an offender charges, ensuring no possible angle of defence goes overlooked.

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.

McArthur Solicitors has a team of criminal defence lawyers who specialise in cases related to county line drug dealing operations. With years of experience, our team is equipped to provide guidance throughout every stage of criminal proceedings, ensuring that your legal rights are protected and you have the best chance of a favorable outcome. We have extensive knowledge of drug dealing offences and other serious crimes, leaving no detail or angle of defence overlooked.

Our team is particularly skilled in handling complex phone data and other types of digital evidence, along with data disclosure issues that are crucial in county line cases. To ensure the prosecution discloses all pertinent data, our team works with specialist data experts and reviews all relevant data for its relevance to your defence. We have represented numerous clients in both Magistrates’ Court and Crown Court, and our 24-hour police station representation is provided by accredited police station representatives.

Our team is accredited by the Law Society for Criminal Litigation, which recognizes our ability to represent adults and children in criminal matters effectively. With Lexcel accreditation from the Law Society of England and Wales, McArthur Solicitors meets the highest standards of good management and customer care.

What counts as a county lines drug offence?
The term “County Lines” refers to the act of using children to traffic drugs into rural regions. It usually involves minors travelling between counties, often carrying drugs or cash from major cities like London, Birmingham, Liverpool, and Manchester. The criminal activity is orchestrated through mobile phones. Children who are homeless or living in care are often considered vulnerable and are recruited by criminal gangs to participate in this drug-dealing activity. According to the Children’s Commissioner for England, up to 46,000 children are involved in gang activity, including county lines drug dealing.

While some children involved in county lines drug dealing may be viewed as victims of exploitation, many are treated as criminals and could face arrest and charges. Gangs also aim at vulnerable adults, including those with learning disabilities. Distinguishing whether such adults are exploited victims or willing participants can be challenging, yet it is a critical aspect of our defence strategy.

What are the possible penalties for county lines drug offences?

In relation to a county lines drug dealing operation, there are various kinds of charges that you could face. The severity of the criminal consequences that you may face would depend on the kind of charge that you are accused with, as well as other contributing factors. Generally, judges issue substantial jail terms to individuals found guilty of county lines-related offences.

Conspiracy to supply drugs is one of the most frequently filed charges for those involved in county lines operation. Cases related to such offences might be tried in a Magistrates’ Court or Crown Court, based on the situation. The highest penalties may include an unlimited fine and life imprisonment.

Additionally, those who are involved in the management of a county lines drug dealing operation might face charges under the Modern Slavery Act, targeting offences linked to the organization or facilitation of the transportation of another person for exploitation. Magistrates’ Court or Crown Court may try those charged under the Modern Slavery Act. The maximum sentence is typically ten years in prison or an endless fine. However, if the offence involves kidnapping or false imprisonment, then the possible sentence could be life imprisonment.

What are my rights when arrested for county lines drug offences?

In case of your arrest on suspicion of a county lines drug offence, and being questioned at a police station, it is vital to be aware of your rights to ensure you don’t accidentally say or do anything that could damage your defence.

One key aspect to comprehend is that you are not obliged to answer any questions, and the police must caution you by saying:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

You should never respond to any police queries without having a solicitor present. After your arrest, the officers involved should explain why they’ve detained you and the crime that you are accused of committing.

Following the interview, the police will either caution you that you are free to leave without a fine or charge you with a specific criminal offence and release you on bail. In case of the latter, a court appearance date will be fixed.

At McArthur Solicitors we understand the devastating impact of a county lines drugs 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 county lines drug charges, ensuring no possible angle of defence goes overlooked.

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.

In the UK, drug offences are crimes related to the possession, production, supply, and trafficking of illegal drugs. Possession of drugs, intent to supply, and drug trafficking are some of the most common drug-related offences.

What happens if someone is arrested for drug-related offences?

If someone is arrested for a drug-related offence in the UK, they will be taken to a police station for questioning. The police will investigate the offence, and if there is enough evidence, a decision will be taken whether to charge the person or release them without charge (if there is insufficient evidence).

If the accused person is charged with a drug offence, they will have to attend court proceedings. The type of court will depend upon the severity of the offence. If the offence is minor, it will be decided in a Magistrates’ Court, and if it is more serious, it will be referred to a Crown Court.

In the Magistrates’ Court, the accused person will have a hearing to decide if they are guilty or not guilty of the offence. If the person pleads guilty or is found guilty, they will be sentenced by the Magistrates. The Crown Court, on the other hand, handles more complex and serious drug offences. The case will be tried in front of a jury, and the accused person may be sentenced to a more severe penalty if found guilty.

What are the possible penalties for drug-related offences?

Penalties for drug offences in the UK can be severe. Possession of a class A drug such as heroin or cocaine can result in up to seven years in prison, an unlimited fine, or both. Supplying drugs or intent to supply can result in life imprisonment, an unlimited fine, or both. The penalty for drug trafficking can be even more severe, with a potential penalty of life imprisonment and an unlimited fine.

The UK government has taken a firm stance on drug offences and runs various campaigns to discourage drug use and its distribution. In recent years, the UK has seen a rise in the use of new psychoactive substances (NPS) or legal highs. To combat this, new legislation was introduced in 2016 to ban the production, distribution, sale, and supply of NPS.

It is important to note that drug offences can have far-reaching consequences, not just for the individual involved, but also for their family and loved ones. A criminal record can have a significant impact on employment opportunities, education, and even travel. Seeking legal advice as soon as possible is the best way to ensure that the accused person receives fair treatment and a just outcome.

If someone is arrested for a drug-related offence, it is crucial to seek legal advice immediately to ensure the best possible outcome, minimize the risk of a criminal record, and reduce any long-term consequences.

At McArthur Solicitors we understand the devastating impact of a drugs 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 drug charges, ensuring no possible angle of defence goes overlooked.

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.

In the UK, firearms offences are taken very seriously, and anyone arrested for a firearms offence can face severe penalties. This includes possession of a prohibited firearm, possession of an unlicensed firearm, or use of a firearm in the commission of a crime.

What happens if someone is arrested for firearms offences?

If someone is arrested for a firearm offence, the police will take the suspect for questioning to investigate the alleged offence. They will be asked about their involvement, and any information they may have about the crime. The police will carry out an investigation into the firearm offence, which will involve collecting evidence, contacting witnesses, and analysing any CCTV footage. If there is enough evidence to proceed with the case, the suspect will be charged. If there is insufficient evidence, they will be released without charge.

They will have to attend court proceedings. The type of court will depend on the severity of the offence. Minor offences will be dealt with in a Magistrates’ Court, while more serious offences will be referred to a Crown Court. The case will be heard by a judge and a jury.

What are the possible penalties for firearms offences?

Possible penalties: If the person is found guilty of a firearms offence, they may face severe penalties, including:

A custodial sentence: Depending on the severity of the offence, an individual found guilty of a firearms offence in the UK may be sentenced to a period of time in prison. This could range from a few months to life imprisonment for the most serious offences.

A fine: A fine may be imposed on an individual found guilty of a firearms offence. The amount of the fine will depend on the nature of the offence and the individual circumstances of the case.

Confiscation of firearms: If convicted of a firearms offence, the firearms may be confiscated and destroyed.

Community sentence: An individual found guilty of a firearms offence may be sentenced to a community order or a suspended sentence. This type of sentence may involve attending rehabilitation or participating in community service.

Disclosure: Being convicted of a firearms offence may lead to disclosure on an individual’s criminal record, which could impact their future employment opportunities and travel plans.

Firearms prohibition order: An individual convicted of a firearms offence may be prohibited from possessing or using firearms in the future.

It is essential to seek legal representation if arrested for a firearm offence. A criminal defence lawyer can provide advice on how best to proceed, represent the person in court, and work to achieve the best possible outcome. The legal representative may also negotiate plea deals or make mitigation arguments to minimize the penalties the defendant may face.

At McArthur Solicitors we understand the devastating impact of a firearms 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 firearms charges, ensuring no possible angle of defence goes overlooked.

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.

Joint enterprise is a legal principle used in the UK to hold individuals accountable for crimes committed by others, even if they did not directly commit the offence themselves. Under joint enterprise, a person can be convicted of a crime if they are a participant in a group or gang that commits an offence, and it can be shown that they foresaw that the offence might be committed.

What happens if someone is arrested for joint enterprise?

The police will arrest the suspect and take them for questioning to investigate the alleged offence. They will be asked about their involvement, and any information they may have about the crime.

The police will carry out an investigation into the joint enterprise offence. This will involve collecting evidence, contacting witnesses, and analysing any CCTV footage. If there is enough evidence to proceed with the case, the suspect will be charged. If there is insufficient evidence, they will be released without charge. If the suspect is charged with a joint enterprise offence, they will have to attend court proceedings. The case will be heard by a judge and a jury.

What are the possible penalties for joint enterprises?

If found guilty of a joint enterprise offence, the penalty may vary depending on the offence. In cases of murder, a conviction under joint enterprise carries a potential life sentence, with a minimum tariff of 25 years. In non-fatal offences, the penalties will depend on the nature and seriousness of the crime.

It is essential to seek legal representation if arrested for a joint enterprise offence. Criminal defence lawyers can scrutinise the evidence, develop an effective defence strategy, and work to achieve the best possible outcome.

At McArthur Solicitors we understand the devastating impact of a joint enterprise 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 joint enterprise charges, ensuring no possible angle of defence goes overlooked.

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.

Murder

Murder is a criminal offence and is considered the most serious crime. Murder is defined as intentionally taking the life of another person, with malice aforethought. This means that the killing must have been premeditated and intentional.

In the UK, the offence of murder is governed by the common law and the provisions of the Homicide Act 1957. A person can be charged with murder if they were involved in intentionally causing the death of another person, even if they did not act alone or were acting under duress or self-defence.

What happens if someone is arrested for murder? 

If someone is arrested for murder the police will arrest the suspect and take them for questioning. The suspect will be detained and questioned at a police station. The police will gather information and evidence to determine if there is enough evidence to charge the suspect with murder. If the police have enough evidence, the suspect will be charged with murder. If there is insufficient evidence, they will be released without charge. If the suspect is charged with murder, they will have to attend court proceedings. The case will be heard by a judge and a jury.

What are the possible penalties for murder?

If found guilty of murder, the penalty may vary depending on the nature and circumstances of the crime. In general, murder carries a life sentence, with a minimum term of imprisonment set by the judge (usually starting at 15 years), or a whole-life tariff in some cases, meaning that the offender will never be released from prison.

Manslaughter

Manslaughter is a criminal offence in the that involves causing the death of another person, but without the intention to kill or cause serious harm. Manslaughter is divided into two categories: voluntary manslaughter and involuntary manslaughter.

Voluntary manslaughter is when a person kills someone but with diminished responsibility. This means that at the time of killing, the accused had an abnormality of mental functioning or was suffering from a recognized medical condition, which substantially impaired their ability to control their behavior.

Involuntary manslaughter is when a person kills someone, but they did not intend to do so. This form of manslaughter is divided into two subcategories: constructive manslaughter and gross negligence manslaughter.

Constructive manslaughter is when someone kills another person during the commission of an unlawful act that is dangerous, whether or not they intended to cause harm. For example, if someone is driving recklessly, and in the course of doing so, causes a fatal accident, they could be charged with constructive manslaughter.

Gross negligence manslaughter is when a person kills someone as a result of a gross breach of duty of care, which they owe the deceased. For example, if a doctor fails to diagnose a serious medical condition, which leads to the patient’s death, the doctor could be charged with gross negligence manslaughter.

What happens if someone is arrested for manslaughter? 

If someone is arrested for manslaughter the police will arrest the suspect and take them for questioning. The suspect will be detained and questioned at a police station. The police will gather information and evidence to determine if there is enough evidence to charge the suspect with manslaughter. If the police have enough evidence, the suspect will be charged with manslaughter. If there is insufficient evidence, they will be released without charge. If the suspect is charged with manslaughter, they will have to attend court proceedings. The case will be heard by a judge and a jury.

What are the possible penalties for manslaughter?

If found guilty of manslaughter, the penalty may vary depending on the nature and circumstances of the crime. In general, there is no mandatory sentence, and the judge will have discretion on imposing a sentence. The sentence may include imprisonment, community service, and probation, among others.

At McArthur Solicitors we understand the devastating impact of a murder or manslaughter 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 murder & manslaughter charges, ensuring no possible angle of defence goes overlooked.

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.

Modern slavery is characterized by exploiting individuals for personal or commercial gain, depriving them of their freedom by forcing, coercing, or deceiving them. This definition, according to Anti-Slavery International, includes but is not limited to human trafficking, debt bondage, and forced labour.

In contrast, Anti-Slavery International defines human trafficking as the recruitment, transportation, harboring or receipt of a person using deception, force, fraud, or coercion for the purpose of commercial gain.

People often confuse human trafficking with people smuggling, with the latter referring to the transport of people across international borders for payment in exchange. However, these are entirely separate crimes that have different trafficking models and frequently have different enforcement and preventative measures implemented to stop them.

What happens if someone is arrested for human trafficking or modern slavery?

If someone is arrested in the UK for modern slavery or human trafficking, they will be taken to a police station for questioning. The police may 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 is entitled to legal representation during their detention.

During the investigation, the police gather 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.

The suspect will then go to court for trial, where the prosecution must prove beyond a reasonable doubt that the suspect is guilty of the modern slavery or human trafficking charges. If found guilty, they will be sentenced, which may include imprisonment and fines.

What are the possible penalties for human trafficking & modern slavery?

The maximum sentence for human trafficking is 14 years’ imprisonment. The Court may also hand down a large fine.

The Court can also make Ancillary Orders if you are found guilty. These can be added to the sentence and can affect your finances and ability to deal with your business, property, and other assets. Examples of Ancillary Orders include:

• An order to compensate victims (Reparation Orders)
• Restraint orders
• Financial reporting order
• Disqualification from directing a company
• Confiscation (of property and assets) orders

The Court can also order your bank accounts and assets to be frozen and your cash and assets may be seized by the authorities.

The world has been grappling with the problem of human trafficking and modern slavery, affecting more than a million people who are smuggled into developed nations for exploitation. Consequently, there has been a significant upswing in investigations and prosecutions relating to modern slavery and exploitation crimes.

As authorities in this field, we have a wealth of experience in handling complex and high-profile human trafficking and modern slavery cases. Our record of successful outcomes speaks for itself, chiefly due to our proactive representation during investigations. We analyze evidence at an early stage and gather potentially helpful defence evidence to create persuasive written representations submitted to the Crown Prosecutions. We aim to convince CPS not to press charges rather than wait to contest the charge.

If you already face charges, we work alongside pre-eminent counsel, including the top barristers from Kings Counsel, to attain favorable resolutions. Courts can impose prison sentences of up to 14 years and wide-reaching ancillary orders that significantly affect finances. Typically, investigators may issue restraint orders at the inquiry stage, freezing access to assets and bank accounts.

However, authorities should present their applications fairly, given that they are made clandestinely. Often, these orders can be ineptly and unjustly prepared, and therefore, we make careful and comprehensive submissions to the court to achieve their variation or revocation.

At McArthur Solicitors we understand the devastating impact of a human trafficking or modern slavery 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 human trafficking or modern slavery charges, ensuring no possible angle of defence goes overlooked.

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.

If you are facing accusations of a terrorism-related offence, your personal relationships, career, and freedom may be threatened. Our team can offer reliable advice and staunch legal representation as we support you and your family through the case. It’s crucial to retain representation quickly and involve a specialist terrorism defence solicitor at the investigation’s outset, so we can offer proper advice and protect your interests. Seeking early intervention may result in the investigation concluding without legal action. We take special care to handle your case delicately and sensitively while prioritising your best interests.

What happens if someone is arrested for terrorism?

When someone is arrested for a terrorism offence in the UK, there are specific procedures that police and law enforcement authorities follow to investigate the case and determine whether or not the charges are valid. The police arrest the person suspected of a terrorism offence and take them to the police station for questioning. The person is entitled to legal representation during this process. The police can detain the suspect for up to 14 days without charge, using the powers granted by the Terrorism Act 2000. After 96 hours, they must apply to a judge to extend the detention period further. The person detained has the right to regular visits from a lawyer and a doctor. During the detention period, the police conduct an investigation and gather evidence. If they have enough evidence to charge the person, they will do so, and the case will proceed to court. If not, the suspect may be released without charge. In some cases, the person can be released on bail while awaiting trial, providing they cooperate with the police’s conditions. The case will be presented before a jury, and the prosecution must prove beyond reasonable doubt that the suspect is guilty of the terrorism offence. If found guilty, the person will be sentenced, and the penalty will depend on the severity of the offence. Sentences can range from fines to life imprisonment.

It’s worth noting that the UK government and law enforcement agencies are committed to preventing terrorism, and they have a range of tools and powers to investigate terrorism offences, including surveillance, detention, and prosecution. It’s essential for any individual facing such charges to speak with one of our highly qualified criminal defence solicitors as soon as possible to protect their interests and receive the best possible legal advice.

What are the possible penalties for terrorism?

The charges of murder concerning a terrorist offence can result in the maximum penalty of life imprisonment.

In addition, a life sentence can be imposed for those found guilty under section 5 of the Terrorism Act 2006. For Section 58 offences, the punishment may include up to 10 years behind bars. Given the harsh sentences and the negative impact associated with being convicted of a terrorist offence, both domestically and overseas, it’s essential to hire a skilled criminal defence solicitor who understands the intricate details of defending terrorism charges. Our team at McArthur Solicitors will make sure that the defence presented to the jury is powerful, compelling, and well-articulated. Drawing from our expertise, we can identify weaknesses in the prosecution’s case quickly and exploit them forcefully.

At McArthur Solicitors we understand the devastating impact of a terrorism conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted 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 terrorism charges, ensuring no possible angle of defence goes overlooked.

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.

Some individuals may be unaware that Companies House is capable of conducting investigations and enforcing criminal prosecutions. As the governing body responsible for monitoring UK company registrations, Companies House is empowered to prosecute directors who have been accused of failing to carry out their legal obligations under the Companies Act 2006. The most common offence prosecuted by Companies House is the late filing of a company’s annual accounts, but the agency can also bring other associated criminal charges. A conviction can lead to a criminal record, substantial fines, and possibly even disqualification from serving as a director in any company, which is especially significant for professionals such as solicitors or accountants who may need to notify their regulator of their conviction.

Companies House has recently become more active in prosecuting directors of companies, regardless of their size, for reasons that may not be their fault. Although Companies House prosecutions are not typically complex, individuals facing the potential for prosecution should consult an experienced attorney as soon as possible, as a swift response can be critical to a successful defence.

Discover how our skilled solicitors specialising in Companies House matters can assist you. At McArthur solicitors, we have ample experience in safeguarding the interests of directors implicated in Companies House investigations and prosecutions. Our legal team is accustomed to dealing with intricate corporate structures and comprehending issues related to directors, accountants, and auditors, which may cause delays outside the scope of the individual director. We possess in-depth knowledge of strategic considerations and have achieved outstanding outcomes in convincing Companies House to abandon cases. Our team’s efforts have led to the discontinuation of prosecution in several recent cases.

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.

At McArthur Solicitors we help individuals with every aspect of their professional and personal lives, so that they are free to focus on performing at their best.

Our team works with players, intermediaries and other professional advisers, helping them negotiate the best employment contracts, make the most of sponsorships and endorsements, and protect their brand and image rights.

Our lawyers also represent sports professionals in dispute resolution and help them protect their reputation and privacy. We understand that when working in such a public sphere, it is important we always act with discretion. But it is equally important we act with clarity and authority.

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.

Solicitors Specialising in Firearms Offences and Licensing

Due to their sensitive nature, firearms offences are treated with great seriousness and carry a range of consequences, ranging from fines and the revocation of licences to imprisonment. If you have been accused of misusing a firearm, utilizing a firearm without the appropriate license, are a business involved in the creation or use of such weapons, or require legal advice regarding your firearm application or certificate, seek the expertise of our solicitors specialising in firearms and licensing immediately.

In the wake of the tragic events in Plymouth, the regulation and control of firearms have come under close scrutiny. Police forces have been compelled to adopt a new approach to firearms licensing in line with the November 2021 statutory guidance for chief officers of police on firearms licensing.

McArthur solicitors offers a robust assortment of high-quality and efficient services. With our extensive success in this delicate domain of the law, our adept solicitors will approach your case with the keenness and respect deserving of your situation.

Allegations involving firearms can quickly escalate and pose unexpected threats to your freedom. Law enforcement officers are duty-bound to safeguard the public, and if you possess a firearm without proper licensing or have been using it recklessly, the severity of the accusations against you may come as a surprise.

The prospect of court hearings can be intimidating, and it’s possible to receive more severe consequences than warranted without the correct legal counsel and assistance. Our knowledgeable firearms lawyers will meticulously scrutinise every facet of your case, ranging from your license to determine if the allegations against you are exaggerated.

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.

McArthur Solicitors has a wealth of experience acting for companies under investigation by the Health and Safety Executive (HSE). We provide pragmatic and strategic advice to achieve the best outcomes for our clients.

If your business has been investigated by the Health and Safety Executive and been found to have breached the law, they may choose to prosecute you. This is usually in relation to a specific incident when someone was injured in your workplace. If the subsequent investigation highlights a significant breach of the health and safety regulations, there are a number of enforcement measures that can be taken against you by HSE. These include:

• Improvement notices
• Prohibition notices
• Prosecution

If HSE choose to prosecute you for failing to meet your health and safety obligations it is important that you take expert legal advice as quickly as possible to help protect your position. HSE prosecutions can have serious implications for businesses, both financially and legally.

If your business is found to have seriously breached health and safety regulations, and certain criteria is met under current law, it might be the case that a HSE criminal prosecution follows.

If you are told that HSE is pursuing a prosecution, they believe that they have the necessary evidence to secure a conviction. However, it will be important to have a lawyer review the evidence and advise you regarding your options. Allegations can be challenged by an experienced HSE prosecutions defence solicitor.

Your health and safety prosecutions lawyer will look at every aspect of the case and work on your behalf to achieve the best possible outcome for you and your business. If there is no way to avoid court proceedings, your HSE prosecution defence lawyer will support you at every stage of the process.

If you are found guilty of breaching health and safety law, you can be fined and/or be imprisoned. The penalty given will depend on the specific circumstances involved in your case.

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.

Businesses and individuals can benefit from the guidance and support of our seasoned crime and regulatory lawyers at all stages of a regulatory investigation or intervention.

At McArthur Solicitors, our team is equipped to conduct internal investigations that may prevent external agencies like the Serious Fraud Office (SFO), HM Revenue and Customs (HMRC), Health and Safety Executive (HSE) and the Environment Agency from intervening. Our approach is tailored to meet the specific requirements of our clients.

What advantages come with carrying out an internal investigation? 

By conducting a thorough and well-planned internal investigation, not only can it prevent external investigations, but with help from the experts at McArthur Solicitors, it can also:

• provide support and guidance for staff affected by the issues being investigated;
•  determine any regulatory breaches or criminal activity, which may require reporting to the relevant authorities, such as the SFO, FCA, or NCA;
• guide the strategy for responding to external investigations by preparing for regulator interviews, engaging with authorities on your behalf, and seeking expert consultation; identify any weaknesses in current policies to prevent future incidents;
• mitigate any disruptions caused by the investigation on the business
• manage reputational harm resulting from the investigation.

It is important to be aware that privilege issues surrounding documents and materials gathered or created during the investigation are complex and require legal expertise. Legal advice privilege pertains to confidential discussions between Lawyers and clients for the predominant purpose of obtaining legal advice, while litigation privilege covers documents or communications between a Lawyer, their client, or a third party, created dominant-purpose for anticipated or existing litigation.

The McArthur Solicitors team is well-known for our proactive approach. We understand the impact that investigations can have on businesses, employees, and clients. When we are enlisted, we take every measure necessary to ensure that internal issues are properly and effectively handled to reduce the risk of legal actions taken against the company and its employees.

Initially, we work with you to determine the extent of the work required. This includes identifying the investigation’s purpose and participants, verifying their impartiality and lack of bias. Timeframes will also be established, and immediate notification to the relevant regulatory authorities and insurers will be considered where appropriate. If necessary, we can refer you to HR specialists for associated issues or PR professionals for media strategy.

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.

Specialist Trading Standards Prosecutions Law Firm 

McArthur Solicitors are able to provide specialist legal representation in Trading Standards prosecutions as follows:

• Food Safety
• Food labelling
• Product safety
• Product recall
• Trade descriptions
• Counterfeit goods
• Advertising and sales
• Weights and measures
• Licensing
• Consumer credit and contracts
• Supply to minors of age restricted products

Our Trading Standards Expertise

McArthur Solicitors have successfully defended Trading Standards prosecutions for many years. We have a wealth of experience across the firm when dealing with the defence of such prosecutions. An investigation by Trading Standards or a similar prosecuting authority can have an immediately detrimental effect on your business, the initial investigation and dawn raid itself can cause significant disruption to how your business operates. Prosecuting authorities will often in the course of their investigation contact suppliers, distributors and retailers which can impact on how your business operates, they also have the power to seize and test goods. Such activity can often result in a detrimental impact in your business’ ability to operate as a going concern.

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.

Like civilians, members of the Armed Forces are entitled to be represented at a police interview, held under caution, by a Solicitor. This is an absolute right and should always be exercised. McArthur Solicitors’ military solicitors are able to represent servicepersons and former servicepersons in criminal investigations.

As soon as you are aware that you are the subject of a service police investigation you should not hesitate to contact a member of our team so that we can intervene early, obtain disclosure as to the allegation and evidence against you before offering advice.

Most large camps and bases have a Military Police presence, however, you may be asked to attend a station away from your duty location so that the interview can be recorded in accordance with the Police and Criminal Evidence Act. As a nationwide practice, McArthur Solicitors can quickly deploy a member of our team to represent you.

Following your interview, we will proactively engage with the police to establish what action, if any, they intend to take against you. While the investigation continues we will remain by your side until an outcome is reached and will provide you with frequent updates.

What We Do

Our military solicitors can help you in the following areas:
– Criminal Investigations
– Courts Martial
– Family Law for Military Servicepersons
– Employment Law for Military Servicepersons
– AGAI67 Assistance & Advice
– Service Complaints Assistance & Advice

Experts in advising and representing military servicepersons

If you are a serviceperson under investigation by the Royal Navy Police, Royal Military Police, RAF Police, or the Special Investigation Branch McArthur Solicitors can help. We proactively provide representation during interviews and investigations whether in the UK or abroad.

The inherent seriousness of being accused of an offence is amplified in a military context due to the sentencing powers which are not available to the civilian courts. Examples include demotion in rank, service detention, loss of Long Service and Good Conduct Medals, and dismissal from Her Majesty’s service which may lead to a serviceperson forfeiting their pension.

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.

Extradition is a complex area of law, with a growing number of cases and legal rulings. At McArthur Solicitors, we have vast experience in representing clients in Magistrates’ Court and High Court appeals.

We’re experts in extradition law and mutual assistance, particularly in protecting clients’ interests in technical and complex matters. This includes fighting requests for extradition under the European Arrest Warrants (EAW) scheme or from non-EAW countries such as the USA, Russia, Turkey, Ukraine, Argentina, and others.

We provide legal advice and representation from the point of arrest to the appeals process, including the Supreme Court. Our lawyers are skilled in various languages. The Extradition Act 2003 governs extradition requests in and out of the UK, and we handle all serious and complex crimes, providing legal support in category 1 and category 2 territories at first instance and appeals stages.

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.

At McArthur Solicitors, we understand that going through the legal system and being imprisoned can be overwhelming and scary. We want you to know that we’re here to help and support you through this difficult time. Our Prison Law department is dedicated to ensuring that your rights and privileges are protected, whether you’re a long-term prisoner or have just been detained.

We know that this can be a stressful and emotional time for you and your loved ones, which is why we pride ourselves on our unique service and exceptional client care. Our team will continue to focus on your case and provide guidance on issues like appeals against conviction and/or sentence, transfers to other prisons, re-categorisation, assistance with complaints, and more.

We also have extensive advocacy experience and can provide representation during adjudications and oral parole hearings. Our goal is to provide you with the best possible care and support so you can move forward with confidence. Whether you’re facing a determinate or non-determinate sentence, we’re here to help you navigate the system and get back to your life.

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.

If you have been convicted of a criminal offense, you may have the right to appeal the verdict or sentence. An appeal allows you to challenge a courts decision if legal errors were made during the trial or new evidence has come to light. However, the appeals process is complex and must follow strict procedures and deadlines. McArthur Solicitors has extensive experience in handling appeals, carefully reviewing cases to identify potential grounds for challenging a conviction or sentence. Whether it involves procedural errors, misinterpretations of the law, or unfair sentencing, our expert defence team is committed to fighting for justice on your behalf.

At McArthur Solicitors, we provide comprehensive legal support throughout the appeals process, ensuring all necessary documents are filed correctly and on time. Our team meticulously examines trial transcripts, gathers crucial evidence, and constructs persuasive legal arguments to present before the appellate court. With a strong track record in appellate advocacy, we are dedicated to achieving the best possible outcome for our clients.

If you believe you have grounds for appeal, contact McArthur Solicitors today for expert legal advice at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.

Drink driving remains one of the most commonly prosecuted motoring offences under road traffic law. If you are found to be driving or attempting to drive a motor vehicle over the legal alcohol limit, you face a mandatory driving ban, financial penalties, and potentially a prison sentence.

We represent clients in all types of drink driving cases, including:

• Being over the prescribed alcohol limit
• Driving whilst unfit through alcohol
• Failing to provide a specimen of breath, blood or urine
• Repeat offences
• High alcohol readings
• Accidents involving alcohol

The court will consider the level of alcohol, the circumstances of the alleged offence, and whether there was any risk caused to other road users. Early specialist representation can significantly influence sentencing, the length of disqualification, and whether you qualify for a drink-drive rehabilitation course to reduce your ban.

Drug driving includes driving whilst unfit through drugs or exceeding the specified limits for certain substances, including prescribed medication and illegal drugs.

Police commonly conduct roadside drug tests, and prosecution may follow if blood analysis confirms the presence of controlled substances above the legal threshold.

Drug driving allegations may involve:

• Cannabis, cocaine, or other illegal drugs
• Prescription medication exceeding legal limits
• Driving whilst unfit due to drugs
• Failing to provide a specimen

A conviction usually carries a minimum 12-month driving ban, a fine, and a criminal conviction. For professional drivers, the consequences can be devastating.

Our expert motoring solicitors examine procedure, testing compliance, and whether proper protocols were followed to protect your best interests.

Dangerous driving occurs where the standard of driving falls far below that expected of a competent and careful driver, and it would be obvious that driving in that way would be dangerous.

Examples may include:

• Excessive speeding
• Street racing
• Aggressive driving
• Ignoring traffic signals
• Driving under the influence
• Using a mobile phone in highly risky circumstances

Careless driving (also known as driving without due care and attention) occurs where the standard of driving falls below that expected of a competent and careful driver.

Examples include:

• Inattention at junctions
• Tailgating
• Minor collisions
• Misjudging another vehicle’s speed

Although less serious than dangerous driving, careless driving can still result in penalty points, a driving ban, and increased insurance premiums.

Death by dangerous driving is one of the most serious road traffic offences. If a fatality results from dangerous driving, the penalties are severe and may include:

• Lengthy prison sentence
• Extended driving ban
• Mandatory extended re-test

These cases are complex and often involve detailed collision investigation evidence, expert witnesses, and technical analysis.

Immediate specialist representation is critical.

Where a death results from careless driving (rather than dangerous driving), the offence still carries the possibility of imprisonment and disqualification.

The distinction between careless and dangerous driving can dramatically affect sentencing. Early expert advice is essential in preparing your defence and mitigation.

Speeding is one of the most common motoring offences. However, not all allegations should automatically be accepted.

Speeding offences may arise from:

• Fixed cameras
• Average speed cameras
• Police officers
• Mobile speed enforcement vans

Penalties range from a fixed penalty and points to court proceedings where higher speeds are alleged.

For new drivers, 6 penalty points can result in licence revocation. For professional drivers and HGV drivers, points can jeopardise employment.

A fixed penalty notice may seem straightforward, but it is not always correct. We assess:

• Accuracy of speed measurement
• Validity of signage
• Compliance with procedure
• Whether the driver has been correctly identified

In some cases, challenging the allegation can help you avoid conviction or penalty points.

If you accumulate 12 or more penalty points within three years, you face a mandatory disqualification under the “totting up” rules.

However, in certain circumstances, you may avoid a driving ban by advancing an exceptional hardship argument.

Exceptional hardship may apply where disqualification would:

• Cause loss of employment
• Impact dependants
• Severely affect family life
• Harm employees or vulnerable individuals

Our expert team of driving offence solicitors prepares detailed and persuasive exceptional hardship applications to secure the best outcome and protect your driving licence.

We also represent clients facing other serious offences involving a motor vehicle, including:

• Driving whilst disqualified
• Driving without insurance
• Failing to stop or report an accident
• Perverting the course of justice allegations
• Serious injury by dangerous driving

More serious offences such as causing death or dangerous driving can result in lengthy disqualification and imprisonment. Our specialist team has extensive experience defending these complex and high-stakes cases.