Assisting An Offender
Assisting An Offender
Assisting an offender
What does this mean?
There is a criminal offence of intentionally assisting offences believing one or more will be committed. Here we look at a recent example.
Jordan Atkinson
Jordan Atkinson was charged with this offence and sentenced to eight years’ imprisonment. The offence he assisted was wounding with intent to cause grievous bodily harm. Several co-accused were convicted of murder, wounding and assisting an offender.
Atkinson appealed against his sentence, and the Court saw an opportunity to give guidance on sentencing such offences.
What had Atkinson Done?
Atkinson was sentenced on the basis that first, he drove Cox (the man convicted of murder and wounding) to collect a stolen car which was then used to take him to the scene of the murder.
Second, he believed at the time of his assistance that Cox was to commit an offence of causing grievous bodily harm with intent but without knowledge that a firearm would be used.
He had been with Cox when he bought two machetes before collecting the car, and the judge concluded that the appellant was prepared to help Cox with anything that was asked of him.
Sentencing for this offence
There are no sentencing guidelines for this offence, so the judge followed the guideline for the offence that was anticipated. In an earlier case, the Court emphasised the importance of focusing on the offence contemplated by the accused, in this case, that was assisting causing grievous bodily harm with intent.
It was said in the earlier case “when those ingredients of the section 46 offence are proved or admitted, it seems to us that the appropriate sentence generally will not differ significantly, and may perhaps not differ at all, from the sentence which would have been appropriate for the anticipated offence for conspiracy to commit the anticipated offence.”
You might expect someone charged with assisting the offence to be dealt with less severely than the person committing the offence. There is no rule, however, to say that it should be dealt with at a lower level.
The sentencing judge determined that Atkinson believed serious violence would be committed with a machete. He also observed that those who assist others in committing serious offences play an important role in the anticipated offence without actually committing it.
The Court of Appeal
The Court of Appeal agreed with the sentencing judge. It also drew attention to the fact that there is now a general sentencing guideline available where there is no offence-specific guideline.
The Court held that the appropriate sentence will not generally be significantly different, or at all, from the sentence which would have been appropriate for committing the anticipated offence. A sentencing judge will need to consider:
1. the relevant factual background;
2. the nature of the offence the accused believed would be committed;
3. the actual assistance provided; and
4. the link between the assistance and the anticipated offence.
The Appeal
Atkinson’s appeal was dismissed, eight years was said to be well within the sentencing range for this offence.
At McArthur Solicitors we understand the devastating impact of assisting an offender convictions. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for assisting an offender charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
County Lines Drugs Offences
County Lines Drugs Offences
County Lines Drug Dealing Offences
McArthur Solicitors has a team of criminal defence lawyers who specialise in cases related to county line drug dealing operations. With years of experience, our team is equipped to provide guidance throughout every stage of criminal proceedings, ensuring that your legal rights are protected and you have the best chance of a favorable outcome. We have extensive knowledge of drug dealing offences and other serious crimes, leaving no detail or angle of defence overlooked.
Our team is particularly skilled in handling complex phone data and other types of digital evidence, along with data disclosure issues that are crucial in county line cases. To ensure the prosecution discloses all pertinent data, our team works with specialist data experts and reviews all relevant data for its relevance to your defence. We have represented numerous clients in both Magistrates’ Court and Crown Court, and our 24-hour police station representation is provided by accredited police station representatives.
Our team is accredited by the Law Society for Criminal Litigation, which recognizes our ability to represent adults and children in criminal matters effectively. With Lexcel accreditation from the Law Society of England and Wales, McArthur Solicitors meets the highest standards of good management and customer care.
What counts as a county lines drug offence?
The term "County Lines" refers to the act of using children to traffic drugs into rural regions. It usually involves minors travelling between counties, often carrying drugs or cash from major cities like London, Birmingham, Liverpool, and Manchester. The criminal activity is orchestrated through mobile phones. Children who are homeless or living in care are often considered vulnerable and are recruited by criminal gangs to participate in this drug-dealing activity. According to the Children's Commissioner for England, up to 46,000 children are involved in gang activity, including county lines drug dealing.
While some children involved in county lines drug dealing may be viewed as victims of exploitation, many are treated as criminals and could face arrest and charges. Gangs also aim at vulnerable adults, including those with learning disabilities. Distinguishing whether such adults are exploited victims or willing participants can be challenging, yet it is a critical aspect of our defence strategy.
What are the possible penalties for county lines drug offences?
In relation to a county lines drug dealing operation, there are various kinds of charges that you could face. The severity of the criminal consequences that you may face would depend on the kind of charge that you are accused with, as well as other contributing factors. Generally, judges issue substantial jail terms to individuals found guilty of county lines-related offences.
Conspiracy to supply drugs is one of the most frequently filed charges for those involved in county lines operation. Cases related to such offences might be tried in a Magistrates’ Court or Crown Court, based on the situation. The highest penalties may include an unlimited fine and life imprisonment.
Additionally, those who are involved in the management of a county lines drug dealing operation might face charges under the Modern Slavery Act, targeting offences linked to the organization or facilitation of the transportation of another person for exploitation. Magistrates’ Court or Crown Court may try those charged under the Modern Slavery Act. The maximum sentence is typically ten years in prison or an endless fine. However, if the offence involves kidnapping or false imprisonment, then the possible sentence could be life imprisonment.
What are my rights when arrested for county lines drug offences?
In case of your arrest on suspicion of a county lines drug offence, and being questioned at a police station, it is vital to be aware of your rights to ensure you don't accidentally say or do anything that could damage your defence.
One key aspect to comprehend is that you are not obliged to answer any questions, and the police must caution you by saying:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
You should never respond to any police queries without having a solicitor present. After your arrest, the officers involved should explain why they've detained you and the crime that you are accused of committing.
Following the interview, the police will either caution you that you are free to leave without a fine or charge you with a specific criminal offence and release you on bail. In case of the latter, a court appearance date will be fixed.
At McArthur Solicitors we understand the devastating impact of a county lines drugs conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for county lines drug charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Drugs Offences
Drugs Offences
Drugs Offences
In the UK, drug offences are crimes related to the possession, production, supply, and trafficking of illegal drugs. Possession of drugs, intent to supply, and drug trafficking are some of the most common drug-related offences.
What happens if someone is arrested for drug-related offences?
If someone is arrested for a drug-related offence in the UK, they will be taken to a police station for questioning. The police will investigate the offence, and if there is enough evidence, a decision will be taken whether to charge the person or release them without charge (if there is insufficient evidence).
If the accused person is charged with a drug offence, they will have to attend court proceedings. The type of court will depend upon the severity of the offence. If the offence is minor, it will be decided in a Magistrates’ Court, and if it is more serious, it will be referred to a Crown Court.
In the Magistrates’ Court, the accused person will have a hearing to decide if they are guilty or not guilty of the offence. If the person pleads guilty or is found guilty, they will be sentenced by the Magistrates. The Crown Court, on the other hand, handles more complex and serious drug offences. The case will be tried in front of a jury, and the accused person may be sentenced to a more severe penalty if found guilty.
What are the possible penalties for drug-related offences?
Penalties for drug offences in the UK can be severe. Possession of a class A drug such as heroin or cocaine can result in up to seven years in prison, an unlimited fine, or both. Supplying drugs or intent to supply can result in life imprisonment, an unlimited fine, or both. The penalty for drug trafficking can be even more severe, with a potential penalty of life imprisonment and an unlimited fine.
The UK government has taken a firm stance on drug offences and runs various campaigns to discourage drug use and its distribution. In recent years, the UK has seen a rise in the use of new psychoactive substances (NPS) or legal highs. To combat this, new legislation was introduced in 2016 to ban the production, distribution, sale, and supply of NPS.
It is important to note that drug offences can have far-reaching consequences, not just for the individual involved, but also for their family and loved ones. A criminal record can have a significant impact on employment opportunities, education, and even travel. Seeking legal advice as soon as possible is the best way to ensure that the accused person receives fair treatment and a just outcome.
If someone is arrested for a drug-related offence, it is crucial to seek legal advice immediately to ensure the best possible outcome, minimize the risk of a criminal record, and reduce any long-term consequences.
At McArthur Solicitors we understand the devastating impact of a drugs conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for drug charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Firearms Offences
Firearms Offences
Firearms
In the UK, firearms offences are taken very seriously, and anyone arrested for a firearms offence can face severe penalties. This includes possession of a prohibited firearm, possession of an unlicensed firearm, or use of a firearm in the commission of a crime.
What happens if someone is arrested for firearms offences?
If someone is arrested for a firearm offence, the police will take the suspect for questioning to investigate the alleged offence. They will be asked about their involvement, and any information they may have about the crime. The police will carry out an investigation into the firearm offence, which will involve collecting evidence, contacting witnesses, and analysing any CCTV footage. If there is enough evidence to proceed with the case, the suspect will be charged. If there is insufficient evidence, they will be released without charge.
They will have to attend court proceedings. The type of court will depend on the severity of the offence. Minor offences will be dealt with in a Magistrates' Court, while more serious offences will be referred to a Crown Court. The case will be heard by a judge and a jury.
What are the possible penalties for firearms offences?
Possible penalties: If the person is found guilty of a firearms offence, they may face severe penalties, including:
A custodial sentence: Depending on the severity of the offence, an individual found guilty of a firearms offence in the UK may be sentenced to a period of time in prison. This could range from a few months to life imprisonment for the most serious offences.
A fine: A fine may be imposed on an individual found guilty of a firearms offence. The amount of the fine will depend on the nature of the offence and the individual circumstances of the case.
Confiscation of firearms: If convicted of a firearms offence, the firearms may be confiscated and destroyed.
Community sentence: An individual found guilty of a firearms offence may be sentenced to a community order or a suspended sentence. This type of sentence may involve attending rehabilitation or participating in community service.
Disclosure: Being convicted of a firearms offence may lead to disclosure on an individual's criminal record, which could impact their future employment opportunities and travel plans.
Firearms prohibition order: An individual convicted of a firearms offence may be prohibited from possessing or using firearms in the future.
It is essential to seek legal representation if arrested for a firearm offence. A criminal defence lawyer can provide advice on how best to proceed, represent the person in court, and work to achieve the best possible outcome. The legal representative may also negotiate plea deals or make mitigation arguments to minimize the penalties the defendant may face.
At McArthur Solicitors we understand the devastating impact of a firearms conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for firearms charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Joint enterprise Offences
Joint Enterprise Offences
Joint enterprise
Joint enterprise is a legal principle used in the UK to hold individuals accountable for crimes committed by others, even if they did not directly commit the offence themselves. Under joint enterprise, a person can be convicted of a crime if they are a participant in a group or gang that commits an offence, and it can be shown that they foresaw that the offence might be committed.
What happens if someone is arrested for joint enterprise?
The police will arrest the suspect and take them for questioning to investigate the alleged offence. They will be asked about their involvement, and any information they may have about the crime.
The police will carry out an investigation into the joint enterprise offence. This will involve collecting evidence, contacting witnesses, and analysing any CCTV footage. If there is enough evidence to proceed with the case, the suspect will be charged. If there is insufficient evidence, they will be released without charge. If the suspect is charged with a joint enterprise offence, they will have to attend court proceedings. The case will be heard by a judge and a jury.
What are the possible penalties for joint enterprises?
If found guilty of a joint enterprise offence, the penalty may vary depending on the offence. In cases of murder, a conviction under joint enterprise carries a potential life sentence, with a minimum tariff of 25 years. In non-fatal offences, the penalties will depend on the nature and seriousness of the crime.
It is essential to seek legal representation if arrested for a joint enterprise offence. Criminal defence lawyers can scrutinise the evidence, develop an effective defence strategy, and work to achieve the best possible outcome.
At McArthur Solicitors we understand the devastating impact of a joint enterprise conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for joint enterprise charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Murder & Manslaughter
Murder & Manslaughter
Murder
Murder is a criminal offence and is considered the most serious crime. Murder is defined as intentionally taking the life of another person, with malice aforethought. This means that the killing must have been premeditated and intentional.
In the UK, the offence of murder is governed by the common law and the provisions of the Homicide Act 1957. A person can be charged with murder if they were involved in intentionally causing the death of another person, even if they did not act alone or were acting under duress or self-defence.
What happens if someone is arrested for murder?
If someone is arrested for murder the police will arrest the suspect and take them for questioning. The suspect will be detained and questioned at a police station. The police will gather information and evidence to determine if there is enough evidence to charge the suspect with murder. If the police have enough evidence, the suspect will be charged with murder. If there is insufficient evidence, they will be released without charge. If the suspect is charged with murder, they will have to attend court proceedings. The case will be heard by a judge and a jury.
What are the possible penalties for murder?
If found guilty of murder, the penalty may vary depending on the nature and circumstances of the crime. In general, murder carries a life sentence, with a minimum term of imprisonment set by the judge (usually starting at 15 years), or a whole-life tariff in some cases, meaning that the offender will never be released from prison.
Manslaughter
Manslaughter is a criminal offence in the that involves causing the death of another person, but without the intention to kill or cause serious harm. Manslaughter is divided into two categories: voluntary manslaughter and involuntary manslaughter.
Voluntary manslaughter is when a person kills someone but with diminished responsibility. This means that at the time of killing, the accused had an abnormality of mental functioning or was suffering from a recognized medical condition, which substantially impaired their ability to control their behavior.
Involuntary manslaughter is when a person kills someone, but they did not intend to do so. This form of manslaughter is divided into two subcategories: constructive manslaughter and gross negligence manslaughter.
Constructive manslaughter is when someone kills another person during the commission of an unlawful act that is dangerous, whether or not they intended to cause harm. For example, if someone is driving recklessly, and in the course of doing so, causes a fatal accident, they could be charged with constructive manslaughter.
Gross negligence manslaughter is when a person kills someone as a result of a gross breach of duty of care, which they owe the deceased. For example, if a doctor fails to diagnose a serious medical condition, which leads to the patient's death, the doctor could be charged with gross negligence manslaughter.
What happens if someone is arrested for manslaughter?
If someone is arrested for manslaughter the police will arrest the suspect and take them for questioning. The suspect will be detained and questioned at a police station. The police will gather information and evidence to determine if there is enough evidence to charge the suspect with manslaughter. If the police have enough evidence, the suspect will be charged with manslaughter. If there is insufficient evidence, they will be released without charge. If the suspect is charged with manslaughter, they will have to attend court proceedings. The case will be heard by a judge and a jury.
What are the possible penalties for manslaughter?
If found guilty of manslaughter, the penalty may vary depending on the nature and circumstances of the crime. In general, there is no mandatory sentence, and the judge will have discretion on imposing a sentence. The sentence may include imprisonment, community service, and probation, among others.
At McArthur Solicitors we understand the devastating impact of a murder or manslaughter conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for murder & manslaughter charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Human Trafficking & Modern Slavery
Human Trafficking & Modern Slavery
Human Trafficking & Modern Slavery
Modern slavery is characterized by exploiting individuals for personal or commercial gain, depriving them of their freedom by forcing, coercing, or deceiving them. This definition, according to Anti-Slavery International, includes but is not limited to human trafficking, debt bondage, and forced labour.
In contrast, Anti-Slavery International defines human trafficking as the recruitment, transportation, harboring or receipt of a person using deception, force, fraud, or coercion for the purpose of commercial gain.
People often confuse human trafficking with people smuggling, with the latter referring to the transport of people across international borders for payment in exchange. However, these are entirely separate crimes that have different trafficking models and frequently have different enforcement and preventative measures implemented to stop them.
What happens if someone is arrested for human trafficking or modern slavery?
If someone is arrested in the UK for modern slavery or human trafficking, they will be taken to a police station for questioning. The police may detain the individual for up to 24 hours without charge but can apply to extend the detention period for up to 36 hours more. The person is entitled to legal representation during their detention.
During the investigation, the police gather evidence, including witness statements, documents, and digital or forensic evidence. Once the investigation is complete, if the police believe there is enough evidence, they will charge the suspect. If the suspect is not charged, they will be released without charge.
The suspect will then go to court for trial, where the prosecution must prove beyond a reasonable doubt that the suspect is guilty of the modern slavery or human trafficking charges. If found guilty, they will be sentenced, which may include imprisonment and fines.
What are the possible penalties for human trafficking & modern slavery?
The maximum sentence for human trafficking is 14 years’ imprisonment. The Court may also hand down a large fine.
The Court can also make Ancillary Orders if you are found guilty. These can be added to the sentence and can affect your finances and ability to deal with your business, property, and other assets. Examples of Ancillary Orders include:
- An order to compensate victims (Reparation Orders)
- Restraint orders
- Financial reporting order
- Disqualification from directing a company
- Confiscation (of property and assets) orders
The Court can also order your bank accounts and assets to be frozen and your cash and assets may be seized by the authorities.
The world has been grappling with the problem of human trafficking and modern slavery, affecting more than a million people who are smuggled into developed nations for exploitation. Consequently, there has been a significant upswing in investigations and prosecutions relating to modern slavery and exploitation crimes.
As authorities in this field, we have a wealth of experience in handling complex and high-profile human trafficking and modern slavery cases. Our record of successful outcomes speaks for itself, chiefly due to our proactive representation during investigations. We analyze evidence at an early stage and gather potentially helpful defence evidence to create persuasive written representations submitted to the Crown Prosecutions. We aim to convince CPS not to press charges rather than wait to contest the charge.
If you already face charges, we work alongside pre-eminent counsel, including the top barristers from Kings Counsel, to attain favorable resolutions. Courts can impose prison sentences of up to 14 years and wide-reaching ancillary orders that significantly affect finances. Typically, investigators may issue restraint orders at the inquiry stage, freezing access to assets and bank accounts.
However, authorities should present their applications fairly, given that they are made clandestinely. Often, these orders can be ineptly and unjustly prepared, and therefore, we make careful and comprehensive submissions to the court to achieve their variation or revocation.
At McArthur Solicitors we understand the devastating impact of a human trafficking or modern slavery conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for human trafficking or modern slavery charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.
Terrorism
Terrorism
Terrorism
If you are facing accusations of a terrorism-related offence, your personal relationships, career, and freedom may be threatened. Our team can offer reliable advice and staunch legal representation as we support you and your family through the case. It's crucial to retain representation quickly and involve a specialist terrorism defence solicitor at the investigation's outset, so we can offer proper advice and protect your interests. Seeking early intervention may result in the investigation concluding without legal action. We take special care to handle your case delicately and sensitively while prioritising your best interests.
What happens if someone is arrested for terrorism?
When someone is arrested for a terrorism offence in the UK, there are specific procedures that police and law enforcement authorities follow to investigate the case and determine whether or not the charges are valid. The police arrest the person suspected of a terrorism offence and take them to the police station for questioning. The person is entitled to legal representation during this process. The police can detain the suspect for up to 14 days without charge, using the powers granted by the Terrorism Act 2000. After 96 hours, they must apply to a judge to extend the detention period further. The person detained has the right to regular visits from a lawyer and a doctor. During the detention period, the police conduct an investigation and gather evidence. If they have enough evidence to charge the person, they will do so, and the case will proceed to court. If not, the suspect may be released without charge. In some cases, the person can be released on bail while awaiting trial, providing they cooperate with the police's conditions. The case will be presented before a jury, and the prosecution must prove beyond reasonable doubt that the suspect is guilty of the terrorism offence. If found guilty, the person will be sentenced, and the penalty will depend on the severity of the offence. Sentences can range from fines to life imprisonment.
It's worth noting that the UK government and law enforcement agencies are committed to preventing terrorism, and they have a range of tools and powers to investigate terrorism offences, including surveillance, detention, and prosecution. It's essential for any individual facing such charges to speak with one of our highly qualified criminal defence solicitors as soon as possible to protect their interests and receive the best possible legal advice.
What are the possible penalties for terrorism?
The charges of murder concerning a terrorist offence can result in the maximum penalty of life imprisonment.
In addition, a life sentence can be imposed for those found guilty under section 5 of the Terrorism Act 2006. For Section 58 offences, the punishment may include up to 10 years behind bars. Given the harsh sentences and the negative impact associated with being convicted of a terrorist offence, both domestically and overseas, it's essential to hire a skilled criminal defence solicitor who understands the intricate details of defending terrorism charges. Our team at McArthur Solicitors will make sure that the defence presented to the jury is powerful, compelling, and well-articulated. Drawing from our expertise, we can identify weaknesses in the prosecution's case quickly and exploit them forcefully.
At McArthur Solicitors we understand the devastating impact of a terrorism conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for terrorism charges, ensuring no possible angle of defence goes overlooked.
Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.