Monday, 2 April 2012
Legal update in Brighton & Hove
Today sees the enactment of a new law in Brighton & Hove which sees drug testing on arrest and will be enforced by Brighton & Hove Custody Centre.
The program has three parts: the test, the required assessment and the restriction on bail. The test is for those that have been arrested for a number of trigger offences, mainly drug offences.
It is an offence to refuse to provide a sample for a drug test. The drug test will provide a positive or negative result for cocaine and opiates only.
If a positive sample is provided, it is an offence to refuse or fail to attend and remain with a suitably qualified drug worker for an assessment.
The program has three parts: the test, the required assessment and the restriction on bail. The test is for those that have been arrested for a number of trigger offences, mainly drug offences.
It is an offence to refuse to provide a sample for a drug test. The drug test will provide a positive or negative result for cocaine and opiates only.
If a positive sample is provided, it is an offence to refuse or fail to attend and remain with a suitably qualified drug worker for an assessment.
Friday, 24 February 2012
February 2012 Cases
R v A
The client was involved in allegations of fraud amounting in total to in excess of £50,000. After thorough analysis of this complex case and negotiation with the CPS he eventually pleaded guilty for a significantly reduced number of counts on the indictment which allowed the judge to be persuaded to suspend the prison sentence imposed, which would have been a minimum of 3 years custody.
R v F
Our client was one of the four defendants who were charged with possession with intent to supply class B drugs. The four defendants were stopped by the police, whilst in a car, where they discovered several thousand pounds worth of drugs and thousands of pounds of cash on the group. A later search carried out by he police led to further drugs being found at the hotel where our client was staying. Through meticulous preparation and presentation our client was the only defendant acquitted.
R v P
As a young adult the defendant faced serious charges of domestic burglary concerning relatively high value sentimental goods. An emotional case for the family meant that the case had to be prepared sensitively but in a manner that elicited the key information. The client admitted the offences and the court agreed with our argument to suspend the prison sentence.
R v D
The defendant faced charges of failing to notify the DWP of a change of circumstances. Through detailed analysis we discovered the defendant had a defence and argued this in court. The DWP were reluctant to accept this argument at first but eventually did so and discontinued their case before trial.
R v M
We were recommended to this client after receiving what he called inadequate advice from another solicitor. He had pleaded guilty at the first hearing but on closer inspection of his case he had a defence and so we successfully made an application, prior to sentencing, to have his conviction set aside. Despite this case being one of domestic violence the CPS saw the strength of the defence and offered no evidence and the client was able to recover his legal costs.
R v M
He was charged with taking a vehicle without the owners consent. This was a complex case which included unusual features such as the defendant being electrocuted and exhibiting bizarre behaviour. Expert medical advice in various fields was sought which led to the defence of automatism being raised. Despite the difficulty of raising this defence the Magistrates agreed with our argument and acquitted the client.
The client was involved in allegations of fraud amounting in total to in excess of £50,000. After thorough analysis of this complex case and negotiation with the CPS he eventually pleaded guilty for a significantly reduced number of counts on the indictment which allowed the judge to be persuaded to suspend the prison sentence imposed, which would have been a minimum of 3 years custody.
R v F
Our client was one of the four defendants who were charged with possession with intent to supply class B drugs. The four defendants were stopped by the police, whilst in a car, where they discovered several thousand pounds worth of drugs and thousands of pounds of cash on the group. A later search carried out by he police led to further drugs being found at the hotel where our client was staying. Through meticulous preparation and presentation our client was the only defendant acquitted.
R v P
As a young adult the defendant faced serious charges of domestic burglary concerning relatively high value sentimental goods. An emotional case for the family meant that the case had to be prepared sensitively but in a manner that elicited the key information. The client admitted the offences and the court agreed with our argument to suspend the prison sentence.
R v D
The defendant faced charges of failing to notify the DWP of a change of circumstances. Through detailed analysis we discovered the defendant had a defence and argued this in court. The DWP were reluctant to accept this argument at first but eventually did so and discontinued their case before trial.
R v M
We were recommended to this client after receiving what he called inadequate advice from another solicitor. He had pleaded guilty at the first hearing but on closer inspection of his case he had a defence and so we successfully made an application, prior to sentencing, to have his conviction set aside. Despite this case being one of domestic violence the CPS saw the strength of the defence and offered no evidence and the client was able to recover his legal costs.
R v M
He was charged with taking a vehicle without the owners consent. This was a complex case which included unusual features such as the defendant being electrocuted and exhibiting bizarre behaviour. Expert medical advice in various fields was sought which led to the defence of automatism being raised. Despite the difficulty of raising this defence the Magistrates agreed with our argument and acquitted the client.
Friday, 9 December 2011
Drink Drive crackdown has begun!!
A crackdown on Christmas drinkers in Brighton and Sussex was launched on 7th December 2011 in a bid to cut the death toll on our roads. The crackdown lasts until 4th January 2012. This year's message is that the only true safe drink drive limit is no alcohol at all.
Females in particular are being warned about the dangers of drink driving as the festive season is fast approaching. It seems police feel that females in their 30's are most at risk and they will be the focus of this year's crackdown.
Police will be out on the roads 24 hours a day to ensure that they can target any lunchtime drinkers, drivers who decide to take a risk and drive home after the office Christmas party and any drivers who are still over the limit the morning after drinking heavily the previous night.
The Law relating to drink driving contains stricter penalties than most other areas of Road Traffic Law. A long ban can be distressing because of the restriction it places on both somebody's professional and personal life. The courts do have the option of reducing the ban and in certain circumstances will not disqualify at all with "Special Reasons" proved by your solicitor, there are also some defences which your solicitor could raise.
Our motoring solicitors have particular expertise in drink driving offences and could make the all important difference. If you are facing a drink drive charge, it is not a situation you have to face alone. Please contact us for assistance on this and any other motoring offence charges you are facing our solicitors are ready to help.
Females in particular are being warned about the dangers of drink driving as the festive season is fast approaching. It seems police feel that females in their 30's are most at risk and they will be the focus of this year's crackdown.
Police will be out on the roads 24 hours a day to ensure that they can target any lunchtime drinkers, drivers who decide to take a risk and drive home after the office Christmas party and any drivers who are still over the limit the morning after drinking heavily the previous night.
The Law relating to drink driving contains stricter penalties than most other areas of Road Traffic Law. A long ban can be distressing because of the restriction it places on both somebody's professional and personal life. The courts do have the option of reducing the ban and in certain circumstances will not disqualify at all with "Special Reasons" proved by your solicitor, there are also some defences which your solicitor could raise.
Our motoring solicitors have particular expertise in drink driving offences and could make the all important difference. If you are facing a drink drive charge, it is not a situation you have to face alone. Please contact us for assistance on this and any other motoring offence charges you are facing our solicitors are ready to help.
Tuesday, 29 November 2011
Social media keeps you in the loop with Mackrell Marsh & Co.
The internet is the biggest source of information and used widely throughout society. Social media plays a vital role in the distribution of this information and enables the consumer to keep up with the fast pace of modern society.
We acknowledge the value of the social media and in order to make it easier for people to find out our latest news, information and press releases we have also just launched a Mackrell Marsh & Co. Solicitors Facebook page and Twitter profile.
Keep up to date with developments and insight from our team using your preferred social media, simply click on the relevan logo on the top right of this page. We will be sharing topical news, guides to criminal legisation and company news alongside other updates which we believe will be of interest.
If you decide to comment on any updates please do not share any personal, case related or potentially sensitive information as they are in the public domain.
We acknowledge the value of the social media and in order to make it easier for people to find out our latest news, information and press releases we have also just launched a Mackrell Marsh & Co. Solicitors Facebook page and Twitter profile.
Keep up to date with developments and insight from our team using your preferred social media, simply click on the relevan logo on the top right of this page. We will be sharing topical news, guides to criminal legisation and company news alongside other updates which we believe will be of interest.
If you decide to comment on any updates please do not share any personal, case related or potentially sensitive information as they are in the public domain.
Tuesday, 15 November 2011
November 2011 Cases
R v L
The Court of Appeal accepted our submissions against his sentence and reduced the tariff on the sentence for Public Protection from 6.5 years to 5 years and also quashed the SOPO.
R v A
The defendant faced a charge of rape on a minor. His defence was meticulously prepared and even saw the rare occurrence of prosecution witnesses becoming defence witnesses. It was a very emotional lead up to trial for him but our guidance minimised his suffering. He was acquitted in court after only brief deliberation.
R v K
The police had breached their promise by reneging on their offer of a caution at the custody centre. The Magistrates accepted our argument that there was an abuse of process and so stayed the proceedings against our client.
R v C
Initially facing charges of burglary of items worth over £30,000 negotiations with the Crown resulting in the charges being reduced to possessing stolen property under POCA 2002. Even then despite the serious threat of a two year immediate custodial sentence the judge was persuaded to suspend the sentence.
R v D
The 15 year old defendant was charged with ABH, allegedly part of an unprovoked group attack, he faced a possible custodial sentence if found guilty. The case had to be prepared diligently and sensitively. After a highly charged and complex 5 day trial the Magistrates acquitted him.
R v L
Charged with cultivation of Cannabis the defendant was facing two years immediate imprisonment however after a complex argument the District Judge was persuaded to impose a suspended sentence.
The Court of Appeal accepted our submissions against his sentence and reduced the tariff on the sentence for Public Protection from 6.5 years to 5 years and also quashed the SOPO.
R v A
The defendant faced a charge of rape on a minor. His defence was meticulously prepared and even saw the rare occurrence of prosecution witnesses becoming defence witnesses. It was a very emotional lead up to trial for him but our guidance minimised his suffering. He was acquitted in court after only brief deliberation.
R v K
The police had breached their promise by reneging on their offer of a caution at the custody centre. The Magistrates accepted our argument that there was an abuse of process and so stayed the proceedings against our client.
R v C
Initially facing charges of burglary of items worth over £30,000 negotiations with the Crown resulting in the charges being reduced to possessing stolen property under POCA 2002. Even then despite the serious threat of a two year immediate custodial sentence the judge was persuaded to suspend the sentence.
R v D
The 15 year old defendant was charged with ABH, allegedly part of an unprovoked group attack, he faced a possible custodial sentence if found guilty. The case had to be prepared diligently and sensitively. After a highly charged and complex 5 day trial the Magistrates acquitted him.
R v L
Charged with cultivation of Cannabis the defendant was facing two years immediate imprisonment however after a complex argument the District Judge was persuaded to impose a suspended sentence.
