mcarthursolicitors.co.uk

Autism

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:

1. Difficulties in communication, which may lead to misunderstandings or mistaken assumptions by police, lawyers, and judges.

2. 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.

3. 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.

4. Difficulties in processing information, which may lead to confusion or frustration when attempting to understand or navigate the legal process.

5. 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 or Contact Us here. Alternatively, you can phone 020 4587 4583.

Assault & Grievous Bodily Harm

Assault

An offence of assault can be very serious. For certain offences, this can result in a prison sentence. It can also impact on you for example if you have children and seek contact.

We most see this type of charge within a domestic setting, often, where there are difficulties in a relationship or where they are separating.

It is important that you seek advice early and that your case is reviewed and prepared in detail. We will listen to what you have to say, identify what is important to you and help you achieve your desired outcome.

We will make submissions on your behalf, provide you with robust advice and ensure that your interests are protected. As we cover a number of areas of law, we will be able to assist you throughout your matter giving your continuity and cost effective representation at a high level of service.

What is an Assault?

Common Assault (Section 39)

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

Assault occasioning actual bodily harm (Section 47)

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

Grievous Bodily Harm

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

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

What is Grievous Bodily Harm (GBH)?

GBH is the most serious of non-fatal physical assaults. There are two types of GBH which are defined in Sections 18 and 20 of the Offences Against the Person Act 1861. Whilst the legislation is old, the law remains relevant and it is vital to understand the distinction if you are under investigation or facing a charge for this serious criminal offence.

Both types of GBH involve either unlawfully wounding another (i.e. the cutting of the skin) or causing really serious injury to another person. This could range from broken bones to life threatening injuries. With knife-crime having dramatically increased in recent years, GBH offences are being charged more and more often, with stabbings classifying as GBH-level injuries (wounds).

An offence of GBH may be committed intentionally which means that the resulting ‘really serious injury’ is the consequence a person wished to bring about. This is the more serious of the two GBH offences and is contained in Section 18 of the Offences Against the Person Act 1861. An offence of GBH can also be committed recklessly, where a person does not intend to cause really serious injury but realises the risk that they may cause grievous bodily harm by their actions and proceeds to take the risk anyway. Although the person did not necessarily mean or intend to cause the injury, if they acted maliciously, they may be guilty of an offence of GBH contrary to Section 20 of the Offences Against the Person Act 1861.

Examples of Injuries which classify as GBH

· Fractured Bones – broken arms, legs or ribs for example.

· Severe Lacerations – deep cuts which require stitches, surgical intervention or gluing.

· Internal Injuries – damage to internal organs such as the heart, liver, kidneys or lungs.

· Head Injuries – Skull fractures or traumatic brain injuries, for example.

· Loss of limb.

· Permanent disfigurement or paralysis.

· Gunshot or stab wounds.

· Serious Psychological Trauma.

Causing serious injury by dangerous driving

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.

Causing Death by careless driving

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.

Causing Death by Dangerous Driving

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.

Communication Offences

If you are concerned about an allegation in relation to malicious communications, it is important to have expert legal representation from the outset to ensure that you receive the right advice and approach to the case.
Those accused of an offence under the Malicious Communications Act 1988 and Communications Act 2003 are unlikely to be familiar with the legal system and unaware that what may have been thought of as a simple message on social media can have life-changing consequences, including imprisonment.
Today, a large number of criminal offences can be committed using social media. Offences may be committed under the Malicious Communications Act 1988 (in particular, section 1) and, or the Communications Act 2003.

Similar to offences under the Malicious Communications Act, one offence under the Communication Act 2003 requires the content of a message to be ‘grossly offensive’, ‘indecent’, ‘obscene’, or of a ‘menacing character’. However, the mental element of the offence is broader as it includes circumstances where a person should have awareness or recognition that sending the message may create insult or a risk of insult to the person to whom the message relates.
Our private client criminal law service is designed to provide a first-class level of care to those facing allegations of malicious communication offences. The bespoke nature of our service means we are able to be dedicated and thorough in our approach to the evidence. Legal cases can be highly stressful for those involved, and so we will work to alleviate as much of the responsibility from you as possible, so you can continue to go about your day-to-day life with minimal impact.

Criminal Defence for Professionals

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.

Crisis Management

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.

Fare Evasion Lawyers

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.

Football Offences

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.

Harassments & Stalking

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.

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 which involves a course of conduct that amounts to stalking.

There are two offences. These are stalking involving fear of violence and stalking involving serious alarm or distress.

What is stalking?

There is no strict definition, but the legislation lists a number of behaviours associated with stalking:

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

For the basic offence of stalking the maximum sentence is six months’ imprisonment.

For the offence causing fear of violence or serious alarm or distress the maximum sentence is 10 years imprisonment for an offence on or after 2 April 2017. The maximum sentence is 5 years for offences committed prior to that date.

A restraining order to protect the victim from further contact can also be imposed. This could be the case even where a defendant is found not guilty of the offence.

Internet & Cyber crime

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 (eg gaming abuse, abusive texts, emails, social media forums)

· Hacking

· IT crime (eg banking fraud, insurance fraud)

· Internet fraud (eg 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.

Kidnap & False Imprisonment

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.

Motoring Offences

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

PNC Arrest record removal

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 or Contact Us here. Alternatively, you can phone 020 4587 4583.

Robbery & Theft

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 a indictable offence under the 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.

The Magistrates' Court

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 represent clients daily in Magistrates Courts throughout the country and have 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 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 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, 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.

Youth Crime

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.

Criminal Law