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Further to denying assaulting two police officers in May 2018, Wessex Solicitors pursued the CCTV and Body Worn Footage taken by the police officers themselves in order to support our client’s case. Initially, the prosecution indicated that there were problems with the footage in that had not been downloaded, that there had been an error with the systems and further that it had been inadvertently deleted. Finally, after continually pursuing the matter the footage was disclosed which supported our client. At trial, after viewing the footage and hearing submissions from Counsel, Max Mills of 2 Harcourt Buildings, London instructed by…
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Wessex Solicitors have a proven record of successfully defending such allegations with the assistance of forensic experts. Users of websites that contain indecent images can be traced by a variety of means – from the credit card details of subscribers to online porn providers (Operation Ore) or reports made by work colleagues, friends or computer repair engineers to the police. In some cases images are discovered when phones or laptops are seized by the police in unrelated investigations. Initially the police may obtain a warrant to search your home or office. All computer and digital storage equipment will likely be…
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One of the main objectives was to restore public confidence in the confiscation system and recover assets that have been gained through criminal activities. POCA includes draconian measures aimed at curbing:- Money laundering activities Depriving criminals of the proceeds of their criminal conduct New powers of cash seizure An integrated regime and new regime for the enforcement authorities to apply for Restraint Orders. A reporting system for financial professionals aimed at tackling money laundering. This area of law extremely complex and can often be more punitive than the initial sentence imposed by the courts for the original offence. It is vital you seek expert advice. We can assist.
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What do they mean? Football Banning orders can be given in addition to a punishment imposed on a criminal conviction linked to a football match or on application by the Chief Constable as a Civil Order with evidence of a pattern of unlawful behaviour. The minimum term for the length of an order is three years but they can be made for as long as 10 years. There are many circumstances where an order may be made but if you are made the subject of an order, the restrictions you will be subject to are as follows: Report to a…
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James Caldwell, of 2 Harcourt Buildings, London, instructed by Wessex Solicitors made a successful application at Portsmouth Crown Court to have our client’s case regarding possession of an offensive weapon dismissed on the basis that the car park in which the alleged offence occurred was not a public place.  Contrary to section 1(1) of the Prevention of Crime Act 1953, it is an offence to have an offensive weapon in a public place without lawful authority or reasonable excuse. In this case our client was alleged to have been in possession of an offensive weapon (an asp) in the car…
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The Sentencing Council has a statutory duty to have regard to the need to promote public confidence in the system when developing the sentencing guidelines and monitoring their impact. To achieve this, the Council must have an understanding of the public’s attitude to, and knowledge of, sentencing and the criminal justice system. Public Knowledge of and Confidence in the Criminal Justice System and Sentencing reports on research carried out to help the Council meet its public confidence obligations. The research, which included an online survey of 2,000 adults representative of the population of England and Wales, provides insight into what drives…
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The campaign, spearheaded by Falsely Accused Individuals for Reform (FAIR), is backed by celebrities including Sir Cliff Richard and DJ Paul Gambaccini. Launching the petition, Sir Cliff argued for a ‘re-balancing of the legal system’. Five years after his home was raided in relation to a sexual assault allegation for which he was never arrested, he described how his reputation had been left ‘in tatters’. ‘When you know you didn’t do it,’ he said, ‘you feel you’re in a hole you can’t get out of.’ In July 2018, the BBC was ordered to pay £210,000 in damages in a privacy case brought…
Tuesday, 10 September 2019 10:00

What to do if stopped by the police?

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Stop and question: police powers A police officer might stop you and ask: what your name is what you are doing in the area where you are going You do not have to stop or answer any questions. If you do not and there is no other reason to suspect you, then this alone cannot be used as a reason to search or arrest you. Stop and search: police powers A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you are carrying: illegal drugs a weapon stolen property something which could be…
Monday, 09 September 2019 10:01

Hearsay

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There has been an increase in prosecutions of domestic violence allegations, without the complainant having / or being willing to attend court. 
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“I haven’t done anything wrong, so I do not need legal advice right?” WRONG! You are at the police station because you are suspected of committing a criminal offence. Not every interviewing officer will interview with an open mind and therefore it is essential that a legal representative is there to step in and remind officers whether certain questions are appropriate to the alleged offence. “The officer said it was a quick chat” There is no such thing as a quick chat with an officer. Whether your interview is voluntary or not, every word you say is being analysed and…
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A not guilty verdict was reached in respect of a householder who was accused of assaulting a bailiff in the execution of his duty. The ‘householder defence’ has been the subject of public and political scrutiny since the case of Tony Martin who shot and killed a 16 year old burglar trespassing on his property in 1999 and was convicted of murder, later reduced to manslaughter on appeal. Whilst the defendant in our case accepted using violence against the bailiff, Howard Barrington-Clark of this firm successfully argued that the defendant, who knew he was facing a bailiff, thought he could…
Friday, 23 August 2019 16:09

Another Appalling Disclosure Failure

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Millionaire who filmed 'grossly offensive' footage of Grenfell Tower effigy being burned is CLEARED of sharing it online after 'appalling' CPS failed to mention there was a SECOND video taken on the same night. After closing submissions in the trial, Mr Bussetti's defence team was told that another video of the incident, posted by someone other than the defendant, might have been the one seen online by millions.   Chief Magistrate Emma Arbuthnot branded the late revelation 'appalling' and said: 'I cannot be sure the video relied on by the Crown is the one taken by the defendant.' Demanding an explanation…
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Thank you to Sam Barker, Counsel of 2 Harcourt Buildings, London who, on behalf of Wessex Solicitors, objected to the Prosecution’s attempt to rely on hearsay evidence in relation to witnesses who were not willing to support a prosecution.  The Judge, in refusing to allow the Prosecution to call its evidence, observed that the Police had decided to pursue the case ‘victimless’ without making proper efforts to obtain any evidence of why it was that the primary evidence from the two witnesses was not being relied upon, or why they were unavailable to give evidence. In response to an increasingly common tactic in cases…
Wednesday, 21 August 2019 10:30

Another Success!

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Another success before Portsmouth Magistrates Court. Having pursued the CPS for disclosure which was not forthcoming the Crown offered no evidence at trial accepting that they had failed to comply with their statutory duty of disclosure. A very happy client.
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