Mobile Phone Offence Solicitors
Using a mobile phone while driving is one of the most common motoring offences prosecuted in England and Wales. While many drivers assume these cases are straightforward, the law surrounding mobile phone offences is often more complex than people realise.
At McArthur Solicitors, our specialist motoring offence solicitors provide expert advice and robust representation for drivers accused of mobile phone offences. From the early stage of a police investigation through to representation in the Magistrates’ Court, we work tirelessly to protect your driving licence and secure the best possible result.
What Is a Mobile Phone Offence?
It’s illegal to use a mobile phone or other handheld device while driving or while stopped with your engine running.
The offence covers using a handheld mobile phone or hand held mobile telephone for activities including:
- Making or receiving calls
- Sending text messages
- Browsing the internet
- Taking photographs or videos
- Recording footage
- Selecting music or playlists
- Using apps
- Receiving data
- Unlocking the phone
- Checking notifications
- Scrolling through social media
The law now covers almost any interactive use of a handheld phone while driving.
Importantly, the offence applies even if the vehicle is stationary at traffic lights, sitting in a traffic jam, or waiting in slow-moving traffic ahead.
A conviction for using a mobile phone while driving can have significant consequences. Depending on your circumstances, you could receive six penalty points, a substantial fine, increased insurance premiums or even a driving ban.
For some motorists, the consequences are even greater:
- Newly qualified drivers may have their licence revoked.
- Professional drivers may lose their livelihood.
- Drivers with existing penalty points may face a totting up disqualification.
- Serious allegations involving a fatal collision, dangerous driving, or careless driving can result in prosecution for much more serious offences.
Our experienced team has a proven track record of defending clients facing motoring prosecutions and understands how to identify weaknesses in the prosecution’s case.
What Counts as Driving?
Many motorists mistakenly believe they cannot commit an offence unless the vehicle is moving. In reality, using a mobile even whilst stationary may still amount to an offence if:
- You are stopped at traffic lights.
- You are queuing in traffic.
- You are temporarily stationary because of congestion.
- Your engine is running while waiting.
The courts generally consider you to be driving whenever you remain in control of the vehicle on the road.
Your Trusted Partner in Legal Solutions.
Can I Use My Mobile Phone Whilst Parked?
Many people ask whether they can use a mobile phone whilst parked.
Generally, you should only use your phone if the vehicle is genuinely safely parked in a lawful location.
Simply pulling over with the engine running or stopping in live traffic may not be enough.
If you need to use your phone, you should:
- Pull completely off the road where safe.
- Park legally.
- Secure the vehicle.
- Switch off the engine if appropriate.
What About Hands-Free Devices?
The law does not completely prohibit using a hands free device.
You may generally use:
- A hands free mobile phone
- A Bluetooth headset voice command system
- A Bluetooth headset voice control system
- Built-in vehicle controls
- A dashboard holder
- A windscreen mount
- Voice-operated assistants
- A sat nav
However, using hands-free technology does not give drivers unlimited freedom. If your driving falls below the required standard because you are distracted, you may still be prosecuted for:
- Dangerous or careless driving
- Failing to maintain proper control
Are There Any Exceptions?
There are limited exceptions where using a handheld phone may be lawful.
These include:
Genuine Emergency
You may be permitted to use a phone to contact the emergency services if:
- It is unsafe or impracticable to stop.
- You are reporting a genuine emergency.
Contactless Payment
The law also allows limited use of a phone for contactless payment, for example at a drive through restaurant, provided this is done in accordance with the regulations.
These exceptions are interpreted narrowly.
Penalties for Mobile Phone Offences
Most first-time offenders receive:
- Six penalty points
- A £200 fixed penalty notice
However, not every case is dealt with by way of a fixed penalty.
More serious cases may proceed to the Magistrates’ Court, where higher fines and discretionary driving disqualification may be imposed. The maximum fine for standard vehicles is £1000, and if driving a bus, coach, or lorry, the fine may be up to £2500.
Protecting Your Driving Licence
For many people, their driving licence is essential for employment, family life and everyday independence. A conviction for a phone offence can have immediate and long-term consequences, particularly if you already have points on your licence.
At McArthur Solicitors, protecting your licence is one of our highest priorities. We carefully assess the circumstances surrounding your case to identify the strongest defence or mitigation available.
Depending on your situation, we may be able to:
- Challenge whether the prosecution can prove you were using a mobile phone.
- Examine whether the device falls within the legislation.
- Review police evidence, including officer observations and phone records, where relevant.
- Present mitigation aimed at securing a more lenient sentence.
- Prepare a strong argument against disqualification.
- Represent you at all court hearings.
Where a ban cannot be avoided, we will work to minimise its impact wherever possible.
New Drivers Face Greater Risks
If you are a new driver or one of the UK’s newly qualified drivers, the consequences can be particularly severe.
Drivers who accumulate six or more points during the first three year period after passing their driving test may have their licence revoked under the New Drivers Act.
This means you must:
- Apply for a new provisional licence.
- Retake both the theory and practical driving test.
- Meet all licensing requirements again.
Obtaining legal advice before accepting liability can therefore be particularly important.
Professional Drivers
A mobile phone conviction can have serious employment consequences for:
- HGV drivers
- Taxi drivers
- Delivery drivers
- Company car users
- Emergency response personnel
- Sales representatives
Many employers require a clean licence or impose strict internal policies regarding traffic offences.
Our solicitors understand the wider consequences beyond the criminal penalty and tailor your defence accordingly.
Contact McArthur Solicitors Today
If you have received a fixed penalty notice, been asked to attend court, or are under investigation for a mobile phone offence, do not leave your future to chance.
Whether you are an experienced motorist, a learner driver, a new driver, or a professional driver, early legal advice can make a significant difference to your case.
Contact McArthur Solicitors today to speak with one of our experienced specialist motoring offence solicitors. We will provide clear advice, assess the strength of the evidence, and deliver the robust representation you need to protect your driving licence, minimise penalties, and achieve the best possible outcome.
Totting Up Disqualification
If accepting six points would bring your total to 12 or more, you may face a totting up disqualification.
This normally results in a driving ban of at least six months.
However, in appropriate cases, the court may decide not to impose the disqualification if exceptional hardship can be established.
Our solicitors regularly prepare detailed exceptional hardship applications supported by evidence to help clients avoid losing their licence.
Building Your Defence
Every case depends on its individual facts.
Possible issues include:
- Whether you were actually holding the device.
- Whether the device was being used.
- Whether it was a qualifying mobile device or other device under the legislation.
- Whether police observations are reliable.
- Whether there are inconsistencies in witness evidence.
- Whether the prosecution can prove the offence beyond reasonable doubt.
Some allegations rely solely on the observations of one police officer.
Others may involve CCTV, dashcam footage or phone records.
We carefully analyse every piece of evidence before advising on your options.
Why Early Legal Advice Matters
Many drivers make the mistake of simply accepting a Fixed Penalty Notice without understanding the wider consequences.
Initial advice from McArthur Solicitors helps you to understand:
- The strength of the prosecution case.
- Whether a defence may be available.
- Whether court proceedings may be preferable.
- The likely impact on your licence.
- Your prospects of achieving a positive outcome.
The earlier we become involved, the more opportunities there may be to protect your position.
Criminal Law
Autism is a developmental disability that affects how an individual communicates, interacts socially, and processes information. The criminal justice system in the UK can be particularly challenging for individuals with autism, as they may struggle to understand the rules and procedures, communicate effectively, or process the sensory and emotional aspects of the environment.
Some of the challenges faced by individuals with autism within the criminal justice system include:
- Difficulties in communication, which may lead to misunderstandings or mistaken assumptions by police, lawyers, and judges.
- Sensory issues, such as sensitivity to noise, light, or touch, which can make it difficult for individuals with autism to cope in police custody, courtrooms, or prisons.
- Limited understanding of social context, making it challenging for individuals with autism to interpret nonverbal cues, humour, or sarcasm, which may lead to communication breakdowns and misunderstandings.
- Difficulties in processing information, which may lead to confusion or frustration when attempting to understand or navigate the legal process.
- Vulnerability to exploitation, abuse, or coercion due to limited social skills, sensory issues, or difficulties in understanding social context and rules.
McArthur solicitors are here to ensure legal provisions are in place so reasonable adjustments can be made to ensure that individuals with autism are not disadvantaged in the criminal justice process.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.
Assault An offence of assault can be very serious. For certain offences, this can result in a prison sentence. It can also impact on you for example if you have children and seek contact. We most see this type of charge within a domestic setting, often, where there are difficulties in a relationship or where they are separating.
It is important that you seek advice early and that your case is reviewed and prepared in detail. We will listen to what you have to say, identify what is important to you and help you achieve your desired outcome. We will make submissions on your behalf, provide you with robust advice and ensure that your interests are protected. As we cover a number of areas of law, we will be able to assist you throughout your matter giving your continuity and cost effective representation at a high level of service.
What is an Assault?
Common Assault (Section 39) To be guilty of this offence, you either have to be violent to a person or make them believe they are about to be attacked. Both intentional and reckless offences are covered by this offence. Common assault is a charge used for the least serious type of assaults where usually there is no or little injury caused. If you are found guilty of this offence (provided that the assault if not racially or religiously aggravated), you can be imprisoned for a maximum of six months. This charge would only be heard in a Magistrates Court.
Assault occasioning actual bodily harm (Section 47) To be guilty of this offence, physical harm needs to have been caused by an assault. The maximum sentence for this offence is up to five years imprisonment. ABH is an either way offence which means it can be heard in a Magistrates or Crown Court. Careful consideration will need to be given to decide the best Court which is likely to result in a favourable outcome for you.
Grievous Bodily Harm
Grievous Bodily Harm (GBH) is a serious criminal offence which varies in severity depending on the way in which it is charged and may be tried in either the Magistrates’ Court or Crown Court. A conviction for GBH could result in a substantial custodial sentence. However, the outcome can vary significantly depending on the level of charge, the circumstances of the alleged offending, the circumstances of the alleged offender, and the quality of their legal representation. If you are under investigation or facing a prosecution for GBH, or any violent offence, contact McArthur Solicitors to obtain the quality legal representation required to give you the best chance of success.
Our team is made up of highly skilled and highly qualified fee-earners and support staff, who are all committed to providing comprehensive defence services to individuals facing GBH and other violent offences. We will work diligently to defend your interests and strive for the best possible outcome for your case.
What is Grievous Bodily Harm (GBH)?
GBH is the most serious of non-fatal physical assaults. There are two types of GBH which are defined in Sections 18 and 20 of the Offences Against the Person Act 1861. Whilst the legislation is old, the law remains relevant and it is vital to understand the distinction if you are under investigation or facing a charge for this serious criminal offence. Both types of GBH involve either unlawfully wounding another (i.e. the cutting of the skin) or causing really serious injury to another person. This could range from broken bones to life threatening injuries.
With knife-crime having dramatically increased in recent years, GBH offences are being charged more and more often, with stabbings classifying as GBH-level injuries (wounds). An offence of GBH may be committed intentionally which means that the resulting ‘really serious injury’ is the consequence a person wished to bring about. This is the more serious of the two GBH offences and is contained in Section 18 of the Offences Against the Person Act 1861.
An offence of GBH can also be committed recklessly, where a person does not intend to cause really serious injury but realises the risk that they may cause grievous bodily harm by their actions and proceeds to take the risk anyway. Although the person did not necessarily mean or intend to cause the injury, if they acted maliciously, they may be guilty of an offence of GBH contrary to Section 20 of the Offences Against the Person Act 1861.
Examples of Injuries which classify as GBH:
- Fractured Bones – broken arms, legs or ribs for example.
- Severe Lacerations – deep cuts which require stitches, surgical intervention or gluing.
- Internal Injuries – damage to internal organs such as the heart, liver, kidneys or lungs.
- Head Injuries – Skull fractures or traumatic brain injuries, for example.
- Loss of limb.
- Permanent disfigurement or paralysis.
- Gunshot or stab wounds.
- Serious Psychological Trauma.
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.
Causing serious injury by dangerous driving is a very serious offence and can be upsetting for everyone involved. If you are under investigation or have already been charged, our wealth of experience and personal approach means that you will be in the best position to build your defence. An offence of causing serious injury by dangerous driving is an ‘either way offence’ meaning it can be dealt with in either the Magistrates or Crown Court. Where the case will be heard will depend on the specific circumstances.
If convicted at the Crown Court is a maximum of 5 years imprisonment and the maximum sentence in the Magistrates Court is 6 months imprisonment. In addition to the custodial element of the penalty, the Court will also order a driving disqualification for a minimum of 2 years as well as an extended re-test. Our expert team are on hand to arrange an initial consultation. We will thoroughly scrutinise any evidence against you, provide clear honest advice, guiding you through the process from start to finish.
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.
Careless driving is defined by section 3ZA RTA 1988. It is driving which falls below what would be expected of a competent and careful driver. At McArthur Solicitors we understand the devastating impact of a careless driving conviction. Careless driving that causes death is a serious motoring offences. You’re bound to be incredibly upset about the incident and anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case.
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.
Death by dangerous driving carries a life sentence and mandatory 5 year driving ban. If you are given a life sentence you will serve, on average, 16.5 years in jail. Your court hearing will take place in the Crown Court and if you plead not guilty, a trial will take place by jury.
If convicted, you will be required to complete an extended retest and, unlike with drink and drug driving cases, can never apply for your licence back early. If you’ve been charged or suspected of committing this offence, you should seek immediate legal advice. Please don’t wait to be charged. Dangerous driving is defined by section 2A Road Traffic Act 1988 (RTA 1988). It is driving falling far below what would be expected of a competent and careful driver, where it would be obvious to a competent and careful driver that driving in this way would be dangerous. It also includes driving where it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. “Dangerous” refers to danger either of injury to any person or of serious damage to property.
At McArthur Solicitors we understand the devastating impact of a dangerous driving conviction. Dangerous driving that causes death is one of the most serious of all motoring offences. You’re bound to be incredibly upset about the incident and anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case.
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 concerned about an allegation in relation to malicious communications, it is important to have expert legal representation from the outset to ensure that you receive the right advice and approach to the case. Those accused of an offence under the Malicious Communications Act 1988 and Communications Act 2003 are unlikely to be familiar with the legal system and unaware that what may have been thought of as a simple message on social media can have life-changing consequences, including imprisonment.
Today, a large number of criminal offences can be committed using social media. Offences may be committed under the Malicious Communications Act 1988 (in particular, section 1) and, or the Communications Act 2003. Similar to offences under the Malicious Communications Act, one offence under the Communication Act 2003 requires the content of a message to be ‘grossly offensive’, ‘indecent’, ‘obscene’, or of a ‘menacing character’. However, the mental element of the offence is broader as it includes circumstances where a person should have awareness or recognition that sending the message may create insult or a risk of insult to the person to whom the message relates.
Our private client criminal law service is designed to provide a first-class level of care to those facing allegations of malicious communication offences. The bespoke nature of our service means we are able to be dedicated and thorough in our approach to the evidence. Legal cases can be highly stressful for those involved, and so we will work to alleviate as much of the responsibility from you as possible, so you can continue to go about your day-to-day life with minimal impact.
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.
Criminal Defence for Professionals is a specialised legal service that provides top legal defence for professionals accused of criminal offences. Our seasoned Lawyers have extensive experience in handling a wide range of complex criminal cases. We are dedicated to protecting our clients’ legal rights, reputations, and careers by providing thorough legal representation and guidance throughout the legal process. McArthur solicitors have worked with many Professionals including: Lawyers, Doctors, Teachers and a number of West End Actors.
We understand the serious consequences that a criminal conviction can have on your life and livelihood. Our team of Lawyers is committed to crafting a tailored defence based on your unique situation and needs. We take the time to listen to your side of the story and meticulously examine all the evidence and facts of your case. We prioritize communication and transparency. We keep our clients informed throughout the legal process, ensuring you understand all the legal options available to you and the potential outcomes of each. We work closely with you to achieve the best possible outcome for your case, whether it be a favorable plea bargain or a not-guilty verdict at trial. Trust in our team of experienced Lawyers to provide you with the highest level of legal defence for your case.
Contact us today for a confidential consultation to discuss your legal options.
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.
Criminal Defence for Professionals is a specialised legal service that provides top legal defence for professionals accused of criminal offences.
Our seasoned Lawyers have extensive experience in handling a wide range of complex criminal cases. We are dedicated to protecting our clients’ legal rights, reputations, and careers by providing thorough legal representation and guidance throughout the legal process. McArthur solicitors have worked with many Professionals including: Lawyers, Doctors, Teachers and a number of West End Actors.
We understand the serious consequences that a criminal conviction can have on your life and livelihood. Our team of Lawyers is committed to crafting a tailored defence based on your unique situation and needs. We take the time to listen to your side of the story and meticulously examine all the evidence and facts of your case. We prioritize communication and transparency. We keep our clients informed throughout the legal process, ensuring you understand all the legal options available to you and the potential outcomes of each. We work closely with you to achieve the best possible outcome for your case, whether it be a favorable plea bargain or a not-guilty verdict at trial. Trust in our team of experienced Lawyers to provide you with the highest level of legal defence for your case. Contact us today for a confidential consultation to discuss your legal options.
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.
There are potentially serious implications to a prosecution for fare evasion or TFL oyster card offences. Railway and train companies are increasingly seeking to crack down on fare evasion, and we are seeing large number of people being prosecuted in the courts for what appear to be very minor infractions.
Fare evasion is punished in court by a fine of up to £1,000. However, the imposition of a criminal conviction often carries far more serious consequences and could lead to the loss of your job. A genuine mistake or misunderstanding can still result in these consequences. However, the Prosecutions Units are typically more concerned with deliberate Fare Evasion, such as buying tickets which do not cover the whole journey or travelling on expired Railcards. In the case of TfL, they tend to prosecute the misuse of ‘high value’ travel cards (Freedom Passes, Zip Cards and weekly or monthly passes).
It is extremely important to know that, with the right approach, a criminal conviction can be avoided. This is what we seek to achieve on your behalf, by settling the matter out of court. We can step in on your behalf to seek to prevent a criminal prosecution at any stage prior to a court hearing date. However, we recommend that this is done as early as possible in the proceedings to maximise your chance of success.
McArthur Solicitors’ Fare Evasion Solicitors can provide advice and services throughout England and Wales. If meeting in person isn’t possible, we can offer remote consultations through Zoom, Teams, Skype and WhatsApp. We can also often offer appointments outside normal office hours. Obtaining legal advice at an early stage is crucial.
If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.
Football Banning Orders are a type of court order, usually made after a conviction for a ‘football related’ offence. They can last between three and ten years and will include one or more conditions which you must obey. Breach of a Football Banning Order is a criminal offence punishable by up to six months in prison. Football Banning Orders were originally designed to prevent football hooliganism in the late 1980s but many supporters now finding themselves facing them, sometimes after conviction for minor offences or even where they haven’t been convicted of any offence at all. There are two possible ways to end up with one:
1. a) After Conviction The court must make a Football Banning Order if you are convicted of a ‘relevant offence’ and it is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder. It is for the Prosecution to show that an order should be made because the offence was, in some way, football related. Relevant offences include:
- Possession of alcohol or being drunk while entering/trying to enter ground;
- Disorderly behaviour;
- Any offence involving the use or threat of violence towards another person or property;
- Any offence involving the use, carrying or possession of an offensive weapon;
- Drunk and disorderly;
- Driving or being in charge of a vehicle with excess alcohol, or driving or being in charge of a vehicle while unfit through drink or drugs.
- Throwing of missiles at a football match;
- Indecent or racialist chanting;
- Going onto the playing area;
- Unauthorised sale of tickets.
1. b) ‘On Complaint’ The police can also apply for a Football Banning Order if an officer believes that you have (at any time) caused or contributed to any violence or disorder in the United Kingdom or elsewhere. These applications are usually based on police intelligence reports from football games. Many fans returning from EURO 2016 found themselves facing these applications despite not being charged or convicted in connection with any alleged behaviour in France. If the court is satisfied that there are reasonable grounds to believe it would help to prevent future football-related violence or disorder, they will make a Football Banning Order.
If you face investigation by the police, or proceedings for a football related offence before the Magistrates’ or Crown Court for a football related offence then you will wish to instruct a specialist solicitor.
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.
Harassment
The offence of harassment, contrary to the Protection from Harassment Act 1997, is committed where a person engages in a course of conduct which amounts to the harassment of another person, and they know it amounts to harassment or they ought to know.
“Course of conduct” is a fact-specific assessment. It requires behaviour on more than one occasion, but this need not be the same behaviour on each occasion. A phone call, face-to-face meeting, e-mail, or tweet are different types of behaviour, but when taken together could be considered to amount to a course of conduct depending on factors such as the number of occasions and the period over which this took place.
Conduct which is targeted at a small group of people can also amount to harassment. It is important to note that the behaviour doesn’t have to be the same each time, but the pattern or repetition of actions can make it unlawful.
Stalking
New offences of stalking (in addition to the existing offences of harassment) were introduced by Parliament relatively recently in 2012. The offences are harassment that involves a course of conduct which amounts to stalking.
There are two offences under the stalking legislation: stalking involving fear of violence and stalking involving serious alarm or distress. Stalking behaviours can be highly varied and are not limited to physical actions but also include actions such as contacting someone repeatedly or spying on them.
What is Stalking?
There is no strict definition of stalking in the legislation, but it lists a number of behaviours associated with it:
Following a person
Contacting or attempting to contact a person by any means
Publishing material relating to a person or purporting to come from them
Monitoring a person’s use of the internet, email, or communications
Loitering
Interfering with any property in the possession of a person
Watching or spying on a person
It is considered an offence if this conduct amounts to stalking and causes another person to fear, on at least two occasions, that violence will be used. Alternatively, it is an offence if the conduct causes serious alarm or distress and this has a substantial effect on the person’s day-to-day activities.
Penalties and Sentences
For the basic offence of stalking, the maximum sentence is six months’ imprisonment. For the offence involving fear of violence or serious alarm or distress, the maximum sentence is 10 years’ imprisonment for an offence committed on or after 2 April 2017. The maximum sentence is 5 years for offences committed prior to that date.
In addition to imprisonment, a restraining order to protect the victim from further contact can be imposed. This can be the case even where a defendant is found not guilty of the offence.
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.
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Cyber and Internet crime is a fast-growing area of the law – and may be prosecuted under various pieces of legislation, including:
Communications Act
Fraud Act
Human Rights Act
Malicious Communications Act
Official Secrets Act
Protection from Harassment Act
Public Order Act
In cases where a youth offender is involved – such as a school pupil – the Education and Inspections Act may also be used to prevent further cyber or Internet crime in schools or among school pupils, including confiscating mobile phones or other devices used for cyber bullying.
Cyber and Internet crime can involve a wide range of circumstances – and it is vital to seek legal advice from Duncan Lewis criminal solicitors as soon as possible if facing allegations or charges involving:
Breaches of the Official Secrets Act
Cyber bullying (e.g., gaming abuse, abusive texts, emails, social media forums)
Hacking
IT crime (e.g., banking fraud, insurance fraud)
Internet fraud (e.g., business fraud, ticketing fraud, online conveyancing fraud)
Making, distributing or downloading indecent images
Online grooming
Revenge porn
Romance fraud
Sending viruses online
Social media fraud and abuse
Terrorism offences
White collar crime
Because of the nature of cyber and Internet fraud, some cases may involve cross-border issues and even extradition.
McArthur Solicitors lawyers can advise on all types of cyber crime and online offences – and have successful departments covering Human Rights and Civil Liberties, as well as Fraud and Business Fraud, Property, Immigration, and Child care law, all of which may be relevant to cyber and online crime.
McArthur Solicitors lawyers also have considerable expertise in defending cases involving young offenders facing charges relating to cyber or Internet crime.
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.
Kidnapping and false imprisonment, also known as illegal or unlawful imprisonment, are very serious offences that may result in life imprisonment upon conviction.
With over 25 years of experience, our criminal defence solicitors have assisted numerous clients faced with serious criminal charges. We will offer you clear and effective guidance concerning your rights and defence options, ensuring your case is proactively built. Additionally, we can provide advice before an arrest if needed.
We understand the confusion and distress that often accompanies criminal charges, particularly those that come with severe sentencing prospects. Our aim is to support and guide you through this trying time with expert legal consultation and sympathetic personal care. This approach gives you the best opportunity to reach a favourable outcome.
Our excellent track record is founded on our ability to successfully and carefully deconstruct cases against our clients, working to prevent criminal repercussions whenever possible.
Our advocates at McArthur Solicitors offer exclusive legal representation services that enable our Kidnap and False Imprisonment Solicitors to defend you from the police station all the way to the Crown Court. This ensures that you have dependable and uniform legal support from lawyers who comprehend your circumstances and can provide optimum defence.
Our team is accessible 24/7 to defend you immediately.
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’s crucial to obtain precise guidance before taking any steps regarding Motor Law, as it is a highly specific and specialized field. The right advice can greatly impact your situation and the final outcome. If you are facing an inquiry or charges for speeding, careless driving, drink driving, dangerous driving, or any other allegation, it’s important to contact us immediately. We will assess your defence options promptly and thoroughly.
At McArthur Solicitors, we understand that facing a driving charge can be highly stressful, especially if you rely on your license. Our lawyers won’t confuse you with legal jargon, but will provide honest explanations of your situation. We offer comprehensive advice and representation for motoring allegations anywhere in England and Wales, and are happy to offer advice to discuss your options.
Our experienced Motor Law Department assists clients on a fee-paying basis in Magistrates’ and Crown Courts and we have expertise in all areas of motoring law, including (but not limited to):
Drink and drug driving
Dangerous driving
Careless driving
Speeding
Special Reasons hearings
No insurance
Failing to provide a specimen
Exceptional hardship arguments
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.
A criminal record possesses the potential to gravely impact your way of life. However, the fact still remains that a police record can come into existence despite your innocence. An instance of a wrongful arrest, police interrogation, or even a warning could give rise to a police record, which can last for decades.
Yet, an opportunity exists for individuals to have these records and corresponding information removed from the Police National Computer. Although you may be innocent of any transgressions, having an accounted list of any police activity could prove to be troublesome in a plethora of ways. This information may prevent you from qualifying for job positions that entail a DBS (Disclosure & Barring) assessment and may cause future impediments in regard to travel, particularly for visa and immigration-related issues.
However, it is widely believed that a police record is only available to those who have been found guilty of committing a criminal infringement. This statement, unfortunately, is not accurate. Even if you are innocent, your record, which is indelibly held on the Police National Computer (PNC) until your hundredth birthday, will encompass every instance of police interaction – ranging from assisting the police in their enquiries to undergoing a trial or inquiry.
If you’re eligible for police record deletion, McArthur Solicitors can help and advise you on your rights, what to do next, and start the record deletion process on your behalf. And our criminal defence specialists have a proven track record in doing just that. Obtaining legal advice is crucial.
If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.
Frequently, those who are unsure about the law, particularly the Theft Act 1968, erroneously conflate accusations of theft or robbery, despite the noticeable disparities between these two terms. Essentially, grasping the variation between these offences is crucial in comprehending the potential legal consequences that an individual may face in the event of being charged with the more severe offence.
Theft
Theft is the unlawful taking and carrying away of someone else’s property, without their consent or knowledge, with the intention of permanently depriving them of it. It is considered a criminal offence and can include stealing assets, cash, goods, or services, amongst others. Theft is punished by law and can result in fines, imprisonment or community service.
Robbery
Robbery is a serious criminal offence that involves the use of force, or the threat of force, to steal something from someone. This can include money, goods, or other property, and is often accompanied by violence or the threat of violence. Robbery is an indictable offence under UK law, and if convicted, can result in severe penalties including lengthy prison sentences.
As a defence law firm, we can assist clients charged with robbery to ensure they receive a fair trial and the best possible outcome.
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.
All criminal cases begin in the Magistrates Court either through a postal requisition or police charge. At McArthur Solicitors, we understand the anxiety and fear that comes with appearing in court, regardless of the charges you face. It’s crucial to seek legal representation as soon as possible to ensure that you are adequately prepared. Our knowledgeable team of advocates represents clients daily in Magistrates Courts throughout the country and has an outstanding reputation. Please contact us to discuss your legal needs.
The Magistrates Court classifies cases into three categories: summary only offences, either way offences, and indictable only offences.
Summary Only Offences
Summary only offences are minor and will only be dealt with in the Magistrates Court. These include common assault, public order offences, and motoring offences.
Either Way Offences
Either way offences begin in the Magistrates Court, but they can be transferred to the Crown Court. Dishonesty offences, drug charges, and assault causing actual bodily harm or wounding are examples of either way offences.
Indictable Only Offences
Indictable only offences, such as robbery and conspiracy, are the most severe and automatically transfer to the Crown Court.
The Magistrates Court has the power to impose a range of sentences, from fines and discharges to community orders and imprisonment. If found guilty, a probation officer will prepare a report assessing the defendant’s suitability for certain sentences. The court will also consider guidelines that outline all aspects of sentencing decisions.
If appearing in court, legal representation is vital from the start. McArthur Solicitors’ experienced team of advocates represents clients daily in Magistrates Courts and provides exceptional service.
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 lawyers are available to defend cases involving children and young people. Being arrested, accused of a crime, or summoned to appear in youth court can be a daunting experience for both the young person and their responsible adult. It is important to have a specialist solicitor who understands how to navigate the criminal justice system for individuals under 18.
McArthur Solicitors have a team of experts who have many years of experience representing young people who find themselves in trouble with the law, no matter what stage proceedings have reached. They are passionate about protecting the legal rights of young people and minimising the negative impact a criminal record can have on their future prospects. The firm offers clear and empathetic advice to young people and their parents or guardians. They excel in client care and are available 24/7 to answer any questions.
When a child is arrested, their parent or guardian must be informed immediately, and an appropriate adult must be present. They have the right to legal advice, and it is recommended that they receive it before speaking to the police. If the young person needs representation, McArthur Solicitors offer specialist guidance and representation at police stations and youth court.
If the young person is found guilty of a crime in youth court, the sentence given will depend on a number of factors, including the nature and severity of the offence, their age, whether it is their first offence, and any relevant health or personal circumstances. Possible sentences include discharges, fines, referral orders, youth rehabilitation orders, and custodial sentences.
McArthur Solicitors offer excellent representation and advice for young people in legal trouble.
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.
Autism is a developmental disability that affects how an individual communicates, interacts socially, and processes information. The criminal justice system in the UK can be particularly challenging for individuals with autism, as they may struggle to understand the rules and procedures, communicate effectively, or process the sensory and emotional aspects of the environment.
Some of the challenges faced by individuals with autism within the criminal justice system include:
- Difficulties in communication, which may lead to misunderstandings or mistaken assumptions by police, lawyers, and judges.
- Sensory issues, such as sensitivity to noise, light, or touch, which can make it difficult for individuals with autism to cope in police custody, courtrooms, or prisons.
- Limited understanding of social context, making it challenging for individuals with autism to interpret nonverbal cues, humour, or sarcasm, which may lead to communication breakdowns and misunderstandings.
- Difficulties in processing information, which may lead to confusion or frustration when attempting to understand or navigate the legal process.
- Vulnerability to exploitation, abuse, or coercion due to limited social skills, sensory issues, or difficulties in understanding social context and rules.
McArthur solicitors are here to ensure legal provisions are in place so reasonable adjustments can be made to ensure that individuals with autism are not disadvantaged in the criminal justice process.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.
Assault An offence of assault can be very serious. For certain offences, this can result in a prison sentence. It can also impact on you for example if you have children and seek contact. We most see this type of charge within a domestic setting, often, where there are difficulties in a relationship or where they are separating.
It is important that you seek advice early and that your case is reviewed and prepared in detail. We will listen to what you have to say, identify what is important to you and help you achieve your desired outcome. We will make submissions on your behalf, provide you with robust advice and ensure that your interests are protected. As we cover a number of areas of law, we will be able to assist you throughout your matter giving your continuity and cost effective representation at a high level of service.
What is an Assault?
Common Assault (Section 39) To be guilty of this offence, you either have to be violent to a person or make them believe they are about to be attacked. Both intentional and reckless offences are covered by this offence. Common assault is a charge used for the least serious type of assaults where usually there is no or little injury caused. If you are found guilty of this offence (provided that the assault if not racially or religiously aggravated), you can be imprisoned for a maximum of six months. This charge would only be heard in a Magistrates Court.
Assault occasioning actual bodily harm (Section 47) To be guilty of this offence, physical harm needs to have been caused by an assault. The maximum sentence for this offence is up to five years imprisonment. ABH is an either way offence which means it can be heard in a Magistrates or Crown Court. Careful consideration will need to be given to decide the best Court which is likely to result in a favourable outcome for you.
Grievous Bodily Harm
Grievous Bodily Harm (GBH) is a serious criminal offence which varies in severity depending on the way in which it is charged and may be tried in either the Magistrates’ Court or Crown Court. A conviction for GBH could result in a substantial custodial sentence. However, the outcome can vary significantly depending on the level of charge, the circumstances of the alleged offending, the circumstances of the alleged offender, and the quality of their legal representation. If you are under investigation or facing a prosecution for GBH, or any violent offence, contact McArthur Solicitors to obtain the quality legal representation required to give you the best chance of success.
Our team is made up of highly skilled and highly qualified fee-earners and support staff, who are all committed to providing comprehensive defence services to individuals facing GBH and other violent offences. We will work diligently to defend your interests and strive for the best possible outcome for your case.
What is Grievous Bodily Harm (GBH)?
GBH is the most serious of non-fatal physical assaults. There are two types of GBH which are defined in Sections 18 and 20 of the Offences Against the Person Act 1861. Whilst the legislation is old, the law remains relevant and it is vital to understand the distinction if you are under investigation or facing a charge for this serious criminal offence. Both types of GBH involve either unlawfully wounding another (i.e. the cutting of the skin) or causing really serious injury to another person. This could range from broken bones to life threatening injuries.
With knife-crime having dramatically increased in recent years, GBH offences are being charged more and more often, with stabbings classifying as GBH-level injuries (wounds). An offence of GBH may be committed intentionally which means that the resulting ‘really serious injury’ is the consequence a person wished to bring about. This is the more serious of the two GBH offences and is contained in Section 18 of the Offences Against the Person Act 1861.
An offence of GBH can also be committed recklessly, where a person does not intend to cause really serious injury but realises the risk that they may cause grievous bodily harm by their actions and proceeds to take the risk anyway. Although the person did not necessarily mean or intend to cause the injury, if they acted maliciously, they may be guilty of an offence of GBH contrary to Section 20 of the Offences Against the Person Act 1861.
Examples of Injuries which classify as GBH:
- Fractured Bones – broken arms, legs or ribs for example.
- Severe Lacerations – deep cuts which require stitches, surgical intervention or gluing.
- Internal Injuries – damage to internal organs such as the heart, liver, kidneys or lungs.
- Head Injuries – Skull fractures or traumatic brain injuries, for example.
- Loss of limb.
- Permanent disfigurement or paralysis.
- Gunshot or stab wounds.
- Serious Psychological Trauma.
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.
Causing serious injury by dangerous driving is a very serious offence and can be upsetting for everyone involved. If you are under investigation or have already been charged, our wealth of experience and personal approach means that you will be in the best position to build your defence. An offence of causing serious injury by dangerous driving is an ‘either way offence’ meaning it can be dealt with in either the Magistrates or Crown Court. Where the case will be heard will depend on the specific circumstances.
If convicted at the Crown Court is a maximum of 5 years imprisonment and the maximum sentence in the Magistrates Court is 6 months imprisonment. In addition to the custodial element of the penalty, the Court will also order a driving disqualification for a minimum of 2 years as well as an extended re-test. Our expert team are on hand to arrange an initial consultation. We will thoroughly scrutinise any evidence against you, provide clear honest advice, guiding you through the process from start to finish.
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.
Careless driving is defined by section 3ZA RTA 1988. It is driving which falls below what would be expected of a competent and careful driver. At McArthur Solicitors we understand the devastating impact of a careless driving conviction. Careless driving that causes death is a serious motoring offences. You’re bound to be incredibly upset about the incident and anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case.
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.
Death by dangerous driving carries a life sentence and mandatory 5 year driving ban. If you are given a life sentence you will serve, on average, 16.5 years in jail. Your court hearing will take place in the Crown Court and if you plead not guilty, a trial will take place by jury.
If convicted, you will be required to complete an extended retest and, unlike with drink and drug driving cases, can never apply for your licence back early. If you’ve been charged or suspected of committing this offence, you should seek immediate legal advice. Please don’t wait to be charged. Dangerous driving is defined by section 2A Road Traffic Act 1988 (RTA 1988). It is driving falling far below what would be expected of a competent and careful driver, where it would be obvious to a competent and careful driver that driving in this way would be dangerous. It also includes driving where it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. “Dangerous” refers to danger either of injury to any person or of serious damage to property.
At McArthur Solicitors we understand the devastating impact of a dangerous driving conviction. Dangerous driving that causes death is one of the most serious of all motoring offences. You’re bound to be incredibly upset about the incident and anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case.
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 concerned about an allegation in relation to malicious communications, it is important to have expert legal representation from the outset to ensure that you receive the right advice and approach to the case. Those accused of an offence under the Malicious Communications Act 1988 and Communications Act 2003 are unlikely to be familiar with the legal system and unaware that what may have been thought of as a simple message on social media can have life-changing consequences, including imprisonment.
Today, a large number of criminal offences can be committed using social media. Offences may be committed under the Malicious Communications Act 1988 (in particular, section 1) and, or the Communications Act 2003. Similar to offences under the Malicious Communications Act, one offence under the Communication Act 2003 requires the content of a message to be ‘grossly offensive’, ‘indecent’, ‘obscene’, or of a ‘menacing character’. However, the mental element of the offence is broader as it includes circumstances where a person should have awareness or recognition that sending the message may create insult or a risk of insult to the person to whom the message relates.
Our private client criminal law service is designed to provide a first-class level of care to those facing allegations of malicious communication offences. The bespoke nature of our service means we are able to be dedicated and thorough in our approach to the evidence. Legal cases can be highly stressful for those involved, and so we will work to alleviate as much of the responsibility from you as possible, so you can continue to go about your day-to-day life with minimal impact.
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.
Criminal Defence for Professionals is a specialised legal service that provides top legal defence for professionals accused of criminal offences. Our seasoned Lawyers have extensive experience in handling a wide range of complex criminal cases. We are dedicated to protecting our clients’ legal rights, reputations, and careers by providing thorough legal representation and guidance throughout the legal process. McArthur solicitors have worked with many Professionals including: Lawyers, Doctors, Teachers and a number of West End Actors.
We understand the serious consequences that a criminal conviction can have on your life and livelihood. Our team of Lawyers is committed to crafting a tailored defence based on your unique situation and needs. We take the time to listen to your side of the story and meticulously examine all the evidence and facts of your case. We prioritize communication and transparency. We keep our clients informed throughout the legal process, ensuring you understand all the legal options available to you and the potential outcomes of each. We work closely with you to achieve the best possible outcome for your case, whether it be a favorable plea bargain or a not-guilty verdict at trial. Trust in our team of experienced Lawyers to provide you with the highest level of legal defence for your case.
Contact us today for a confidential consultation to discuss your legal options.
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.
Criminal Defence for Professionals is a specialised legal service that provides top legal defence for professionals accused of criminal offences.
Our seasoned Lawyers have extensive experience in handling a wide range of complex criminal cases. We are dedicated to protecting our clients’ legal rights, reputations, and careers by providing thorough legal representation and guidance throughout the legal process. McArthur solicitors have worked with many Professionals including: Lawyers, Doctors, Teachers and a number of West End Actors.
We understand the serious consequences that a criminal conviction can have on your life and livelihood. Our team of Lawyers is committed to crafting a tailored defence based on your unique situation and needs. We take the time to listen to your side of the story and meticulously examine all the evidence and facts of your case. We prioritize communication and transparency. We keep our clients informed throughout the legal process, ensuring you understand all the legal options available to you and the potential outcomes of each. We work closely with you to achieve the best possible outcome for your case, whether it be a favorable plea bargain or a not-guilty verdict at trial. Trust in our team of experienced Lawyers to provide you with the highest level of legal defence for your case. Contact us today for a confidential consultation to discuss your legal options.
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.
There are potentially serious implications to a prosecution for fare evasion or TFL oyster card offences. Railway and train companies are increasingly seeking to crack down on fare evasion, and we are seeing large number of people being prosecuted in the courts for what appear to be very minor infractions.
Fare evasion is punished in court by a fine of up to £1,000. However, the imposition of a criminal conviction often carries far more serious consequences and could lead to the loss of your job. A genuine mistake or misunderstanding can still result in these consequences. However, the Prosecutions Units are typically more concerned with deliberate Fare Evasion, such as buying tickets which do not cover the whole journey or travelling on expired Railcards. In the case of TfL, they tend to prosecute the misuse of ‘high value’ travel cards (Freedom Passes, Zip Cards and weekly or monthly passes).
It is extremely important to know that, with the right approach, a criminal conviction can be avoided. This is what we seek to achieve on your behalf, by settling the matter out of court. We can step in on your behalf to seek to prevent a criminal prosecution at any stage prior to a court hearing date. However, we recommend that this is done as early as possible in the proceedings to maximise your chance of success.
McArthur Solicitors’ Fare Evasion Solicitors can provide advice and services throughout England and Wales. If meeting in person isn’t possible, we can offer remote consultations through Zoom, Teams, Skype and WhatsApp. We can also often offer appointments outside normal office hours. Obtaining legal advice at an early stage is crucial.
If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.
Football Banning Orders are a type of court order, usually made after a conviction for a ‘football related’ offence. They can last between three and ten years and will include one or more conditions which you must obey. Breach of a Football Banning Order is a criminal offence punishable by up to six months in prison. Football Banning Orders were originally designed to prevent football hooliganism in the late 1980s but many supporters now finding themselves facing them, sometimes after conviction for minor offences or even where they haven’t been convicted of any offence at all. There are two possible ways to end up with one:
1. a) After Conviction The court must make a Football Banning Order if you are convicted of a ‘relevant offence’ and it is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder. It is for the Prosecution to show that an order should be made because the offence was, in some way, football related. Relevant offences include:
- Possession of alcohol or being drunk while entering/trying to enter ground;
- Disorderly behaviour;
- Any offence involving the use or threat of violence towards another person or property;
- Any offence involving the use, carrying or possession of an offensive weapon;
- Drunk and disorderly;
- Driving or being in charge of a vehicle with excess alcohol, or driving or being in charge of a vehicle while unfit through drink or drugs.
- Throwing of missiles at a football match;
- Indecent or racialist chanting;
- Going onto the playing area;
- Unauthorised sale of tickets.
1. b) ‘On Complaint’ The police can also apply for a Football Banning Order if an officer believes that you have (at any time) caused or contributed to any violence or disorder in the United Kingdom or elsewhere. These applications are usually based on police intelligence reports from football games. Many fans returning from EURO 2016 found themselves facing these applications despite not being charged or convicted in connection with any alleged behaviour in France. If the court is satisfied that there are reasonable grounds to believe it would help to prevent future football-related violence or disorder, they will make a Football Banning Order.
If you face investigation by the police, or proceedings for a football related offence before the Magistrates’ or Crown Court for a football related offence then you will wish to instruct a specialist solicitor.
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.
Harassment
The offence of harassment, contrary to the Protection from Harassment Act 1997, is committed where a person engages in a course of conduct which amounts to the harassment of another person, and they know it amounts to harassment or they ought to know.
“Course of conduct” is a fact-specific assessment. It requires behaviour on more than one occasion, but this need not be the same behaviour on each occasion. A phone call, face-to-face meeting, e-mail, or tweet are different types of behaviour, but when taken together could be considered to amount to a course of conduct depending on factors such as the number of occasions and the period over which this took place.
Conduct which is targeted at a small group of people can also amount to harassment. It is important to note that the behaviour doesn’t have to be the same each time, but the pattern or repetition of actions can make it unlawful.
Stalking
New offences of stalking (in addition to the existing offences of harassment) were introduced by Parliament relatively recently in 2012. The offences are harassment that involves a course of conduct which amounts to stalking.
There are two offences under the stalking legislation: stalking involving fear of violence and stalking involving serious alarm or distress. Stalking behaviours can be highly varied and are not limited to physical actions but also include actions such as contacting someone repeatedly or spying on them.
What is Stalking?
There is no strict definition of stalking in the legislation, but it lists a number of behaviours associated with it:
Following a person
Contacting or attempting to contact a person by any means
Publishing material relating to a person or purporting to come from them
Monitoring a person’s use of the internet, email, or communications
Loitering
Interfering with any property in the possession of a person
Watching or spying on a person
It is considered an offence if this conduct amounts to stalking and causes another person to fear, on at least two occasions, that violence will be used. Alternatively, it is an offence if the conduct causes serious alarm or distress and this has a substantial effect on the person’s day-to-day activities.
Penalties and Sentences
For the basic offence of stalking, the maximum sentence is six months’ imprisonment. For the offence involving fear of violence or serious alarm or distress, the maximum sentence is 10 years’ imprisonment for an offence committed on or after 2 April 2017. The maximum sentence is 5 years for offences committed prior to that date.
In addition to imprisonment, a restraining order to protect the victim from further contact can be imposed. This can be the case even where a defendant is found not guilty of the offence.
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.
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Cyber and Internet crime is a fast-growing area of the law – and may be prosecuted under various pieces of legislation, including:
Communications Act
Fraud Act
Human Rights Act
Malicious Communications Act
Official Secrets Act
Protection from Harassment Act
Public Order Act
In cases where a youth offender is involved – such as a school pupil – the Education and Inspections Act may also be used to prevent further cyber or Internet crime in schools or among school pupils, including confiscating mobile phones or other devices used for cyber bullying.
Cyber and Internet crime can involve a wide range of circumstances – and it is vital to seek legal advice from Duncan Lewis criminal solicitors as soon as possible if facing allegations or charges involving:
Breaches of the Official Secrets Act
Cyber bullying (e.g., gaming abuse, abusive texts, emails, social media forums)
Hacking
IT crime (e.g., banking fraud, insurance fraud)
Internet fraud (e.g., business fraud, ticketing fraud, online conveyancing fraud)
Making, distributing or downloading indecent images
Online grooming
Revenge porn
Romance fraud
Sending viruses online
Social media fraud and abuse
Terrorism offences
White collar crime
Because of the nature of cyber and Internet fraud, some cases may involve cross-border issues and even extradition.
McArthur Solicitors lawyers can advise on all types of cyber crime and online offences – and have successful departments covering Human Rights and Civil Liberties, as well as Fraud and Business Fraud, Property, Immigration, and Child care law, all of which may be relevant to cyber and online crime.
McArthur Solicitors lawyers also have considerable expertise in defending cases involving young offenders facing charges relating to cyber or Internet crime.
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.
Kidnapping and false imprisonment, also known as illegal or unlawful imprisonment, are very serious offences that may result in life imprisonment upon conviction.
With over 25 years of experience, our criminal defence solicitors have assisted numerous clients faced with serious criminal charges. We will offer you clear and effective guidance concerning your rights and defence options, ensuring your case is proactively built. Additionally, we can provide advice before an arrest if needed.
We understand the confusion and distress that often accompanies criminal charges, particularly those that come with severe sentencing prospects. Our aim is to support and guide you through this trying time with expert legal consultation and sympathetic personal care. This approach gives you the best opportunity to reach a favourable outcome.
Our excellent track record is founded on our ability to successfully and carefully deconstruct cases against our clients, working to prevent criminal repercussions whenever possible.
Our advocates at McArthur Solicitors offer exclusive legal representation services that enable our Kidnap and False Imprisonment Solicitors to defend you from the police station all the way to the Crown Court. This ensures that you have dependable and uniform legal support from lawyers who comprehend your circumstances and can provide optimum defence.
Our team is accessible 24/7 to defend you immediately.
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’s crucial to obtain precise guidance before taking any steps regarding Motor Law, as it is a highly specific and specialized field. The right advice can greatly impact your situation and the final outcome. If you are facing an inquiry or charges for speeding, careless driving, drink driving, dangerous driving, or any other allegation, it’s important to contact us immediately. We will assess your defence options promptly and thoroughly.
At McArthur Solicitors, we understand that facing a driving charge can be highly stressful, especially if you rely on your license. Our lawyers won’t confuse you with legal jargon, but will provide honest explanations of your situation. We offer comprehensive advice and representation for motoring allegations anywhere in England and Wales, and are happy to offer advice to discuss your options.
Our experienced Motor Law Department assists clients on a fee-paying basis in Magistrates’ and Crown Courts and we have expertise in all areas of motoring law, including (but not limited to):
Drink and drug driving
Dangerous driving
Careless driving
Speeding
Special Reasons hearings
No insurance
Failing to provide a specimen
Exceptional hardship arguments
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.
A criminal record possesses the potential to gravely impact your way of life. However, the fact still remains that a police record can come into existence despite your innocence. An instance of a wrongful arrest, police interrogation, or even a warning could give rise to a police record, which can last for decades.
Yet, an opportunity exists for individuals to have these records and corresponding information removed from the Police National Computer. Although you may be innocent of any transgressions, having an accounted list of any police activity could prove to be troublesome in a plethora of ways. This information may prevent you from qualifying for job positions that entail a DBS (Disclosure & Barring) assessment and may cause future impediments in regard to travel, particularly for visa and immigration-related issues.
However, it is widely believed that a police record is only available to those who have been found guilty of committing a criminal infringement. This statement, unfortunately, is not accurate. Even if you are innocent, your record, which is indelibly held on the Police National Computer (PNC) until your hundredth birthday, will encompass every instance of police interaction – ranging from assisting the police in their enquiries to undergoing a trial or inquiry.
If you’re eligible for police record deletion, McArthur Solicitors can help and advise you on your rights, what to do next, and start the record deletion process on your behalf. And our criminal defence specialists have a proven track record in doing just that. Obtaining legal advice is crucial.
If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk. Alternatively, you can phone 020 4587 4583.
Frequently, those who are unsure about the law, particularly the Theft Act 1968, erroneously conflate accusations of theft or robbery, despite the noticeable disparities between these two terms. Essentially, grasping the variation between these offences is crucial in comprehending the potential legal consequences that an individual may face in the event of being charged with the more severe offence.
Theft
Theft is the unlawful taking and carrying away of someone else’s property, without their consent or knowledge, with the intention of permanently depriving them of it. It is considered a criminal offence and can include stealing assets, cash, goods, or services, amongst others. Theft is punished by law and can result in fines, imprisonment or community service.
Robbery
Robbery is a serious criminal offence that involves the use of force, or the threat of force, to steal something from someone. This can include money, goods, or other property, and is often accompanied by violence or the threat of violence. Robbery is an indictable offence under UK law, and if convicted, can result in severe penalties including lengthy prison sentences.
As a defence law firm, we can assist clients charged with robbery to ensure they receive a fair trial and the best possible outcome.
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.
All criminal cases begin in the Magistrates Court either through a postal requisition or police charge. At McArthur Solicitors, we understand the anxiety and fear that comes with appearing in court, regardless of the charges you face. It’s crucial to seek legal representation as soon as possible to ensure that you are adequately prepared. Our knowledgeable team of advocates represents clients daily in Magistrates Courts throughout the country and has an outstanding reputation. Please contact us to discuss your legal needs.
The Magistrates Court classifies cases into three categories: summary only offences, either way offences, and indictable only offences.
Summary Only Offences
Summary only offences are minor and will only be dealt with in the Magistrates Court. These include common assault, public order offences, and motoring offences.
Either Way Offences
Either way offences begin in the Magistrates Court, but they can be transferred to the Crown Court. Dishonesty offences, drug charges, and assault causing actual bodily harm or wounding are examples of either way offences.
Indictable Only Offences
Indictable only offences, such as robbery and conspiracy, are the most severe and automatically transfer to the Crown Court.
The Magistrates Court has the power to impose a range of sentences, from fines and discharges to community orders and imprisonment. If found guilty, a probation officer will prepare a report assessing the defendant’s suitability for certain sentences. The court will also consider guidelines that outline all aspects of sentencing decisions.
If appearing in court, legal representation is vital from the start. McArthur Solicitors’ experienced team of advocates represents clients daily in Magistrates Courts and provides exceptional service.
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 lawyers are available to defend cases involving children and young people. Being arrested, accused of a crime, or summoned to appear in youth court can be a daunting experience for both the young person and their responsible adult. It is important to have a specialist solicitor who understands how to navigate the criminal justice system for individuals under 18.
McArthur Solicitors have a team of experts who have many years of experience representing young people who find themselves in trouble with the law, no matter what stage proceedings have reached. They are passionate about protecting the legal rights of young people and minimising the negative impact a criminal record can have on their future prospects. The firm offers clear and empathetic advice to young people and their parents or guardians. They excel in client care and are available 24/7 to answer any questions.
When a child is arrested, their parent or guardian must be informed immediately, and an appropriate adult must be present. They have the right to legal advice, and it is recommended that they receive it before speaking to the police. If the young person needs representation, McArthur Solicitors offer specialist guidance and representation at police stations and youth court.
If the young person is found guilty of a crime in youth court, the sentence given will depend on a number of factors, including the nature and severity of the offence, their age, whether it is their first offence, and any relevant health or personal circumstances. Possible sentences include discharges, fines, referral orders, youth rehabilitation orders, and custodial sentences.
McArthur Solicitors offer excellent representation and advice for young people in legal trouble.
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.
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Mobile Phone Offences: FAQs
No. If you are stopped at traffic lights but remain in control of the vehicle, you are still considered to be driving. Using a handheld mobile phone in these circumstances can result in prosecution.
Generally, no. Being stationary in a traffic jam does not mean you are no longer driving for the purposes of the legislation.
Yes, provided you use an approved hands free device such as Bluetooth or voice controls and your driving remains safe. If you become distracted, you could still face allegations of careless driving or dangerous driving.
Yes, provided your vehicle is genuinely safely parked and you are no longer driving. Simply stopping with the engine running may not be sufficient.
If a mobile phone conviction takes you to 12 or more points, you may face a six month driving ban under the totting up rules unless you successfully argue exceptional hardship.
Possibly. Newly qualified drivers who reach six or more points within the first three year period after passing their driving test are likely to have their licence revoked.
Yes. Depending on the evidence, it may be possible to dispute whether you were using a qualifying handheld device or challenge the prosecution’s evidence.
Immediately. Whether you’ve received a fixed penalty notice, been summoned to the Magistrates’ Court, or are under investigation, obtaining initial advice from experienced specialist motoring offence solicitors gives you the best chance of protecting your licence and achieving a positive outcome. Arrange your initial consultation with McArthur Solicitors today.
The law takes a broad approach to what counts as using a mobile phone while driving. It is not limited to making calls or sending text messages. You can commit an offence by using a handheld mobile phone or other handheld device for almost any interactive purpose while you are driving.
For example, even if you are changing music or checking a notification, this would still count as using a mobile phone, and you would still face legal penalties.
The offence can be committed even if your vehicle is stationary in traffic or waiting at traffic lights. However, using a hands-free mobile phone connected through Bluetooth, voice commands or a built-in infotainment system is generally permitted, provided you remain in proper control of your vehicle. If your use of a hands-free device distracts you and affects your driving, you could still face prosecution for offences such as careless or dangerous driving.
