Blog

Tuckers congratulates Richard Atkinson, one of our partners, on his election as Deputy Vice President of the Law Society of England & Wales. Richard is the Managing Partner of the Kent Branch and has been with Tuckers since 2013 following the merger with Tuckers of his previous firm which he joined as an articled clerk… Read more »

PRESS STATEMENT ANDRE CLOVIS TUCKERS SOLICITORS Free speech is not only an ability to share ideas, concepts, values and beliefs but also the ability to criticize those same ideas, concepts, values and beliefs. Freedom of speech is what protects citizens from being persecuted by the state for expressing what to some people [or indeed many]… Read more »

What is a Parole Board Hearing? It is a hearing which a person would attend whilst in prison if the Parole Board thinks there’s a realistic prospect of that person being released or moved to open conditions. They will need more evidence from you because it is possible the file did not give them what… Read more »

On a radio station this week Priti Patel, the Home Secretary, talked about there being more pet thefts, which she described as ‘absolutely shocking’ and indicated that she was considering legislation making pet theft a more serious offence, meaning more serious penalties could be given. A BBC request showed that five policing areas saw a… Read more »

A lot of cases are awaiting a criminal trial that will rely, to a greater or lesser extent, on the admissibility of communications made through the apparently highly encrypted Encrochat service. The Court of Appeal has now issued rules following initial rulings at Liverpool Crown Court. Whilst this ruling does not mean that guilty pleas… Read more »

New sentencing guidelines for some drugs offences will come in to force on 1 April 2021 and will apply to all cases sentenced on or after that date. The update is to reflect ‘modern drug offending’ and new guidelines for offences created by legislation ‘Psychoactive Substances Act 2016’ to bring clarity and transparency around the… Read more »

Very often in criminal cases, quite a lot of witnesses give similar and sometimes almost identical evidence. However you would think if the witnesses are at the same place, same time and all witnessing the same event, this would be expected? If we imagined a group of football fans recounting the same game, player and… Read more »

An air weapon is different from a firearm as it does not contain any explosive substance. When the trigger is pulled on an air weapon the pellets are forced from the barrel by the release of compressed air or other gas. The licensing of air weapons is different across the UK: In England and Wales… Read more »

A consultation held last year has led to eight new guidelines for Firearms offences, which will come into force on the 1st January 2021. What are sentencing guidelines? The guidelines must be followed by the “sentencers”, a.k.a the Judge or Magistrates, unless they consider it is not just and fair to do so. At the… Read more »

The death of PC Harper has been in the news again recently. The officer tragically died after he was dragged behind a car that was fleeing from the scene of a theft. Unusually, at the same time that the Attorney General applied for the sentences to be reviewed as they were too lenient, the three… Read more »

When a life sentence is imposed, a tariff is attached to it. This tariff is the minimum amount of time that a person must spend in custody before being considered for parole and release. In certain circumstances, a “whole life tariff (order)” can be imposed, which means that the person will never be released.  Whole… Read more »

Andrew Sperling of SL5 (a trading name of Tuckers Solicitors LLP) is acting for Darrell & Darren Roberts, twins at risk of deportation to a country that they have never visited. The twins are currently serving sentences relating to separate incidents – and the default position is that any foreign national serving a sentence of… Read more »

The Crown Prosecution Service recently produced new guidance for prosecutors considering rape charges. The new guidance was said to help tackle ‘rape myths and stereotypes’. How much of an issue are rape myths? According to the media there are issues with rape trials and jurors (people in the jury) do not like to convict defendants… Read more »

Did you know that e-scooters fall within the definition of a motor vehicle? If you said no, you wouldn’t be alone. Due to the growing popularity of e-scooters, and a general unfamiliarity of the laws governing them, the Metropolitan Police have asked retailers to warn purchasers where they are illegal to use.  This is timely advice given that e-scooters are reported as being a top-selling Christmas gift this… Read more »

Elaine Macdonald of Tuckers Solicitors worked brilliantly on a recent inquest into the death of Kimberley Smith, who was 33 when she died while a mental health inpatient in Surrey on 13 October 2018. The inquest concluded finding that neglect contributed to her death by suicide. Elaine Macdonald of Tuckers Solicitors said: “The evidence heard during… Read more »

A firearms consultation has been launched this week to look at views on greater security for powerful rifles. This will in turn introduce licensing controls on miniature rifle ranges, and tougher controls on ammunition.  Why is a consultation taking place? There have already been new offences added to legislation about firearms in recent years to… Read more »

If the Attorney General believes that a sentence is “unduly lenient”, or too soft as the media may say, she can ask for the case to be referred to court to be reconsidered. This is what happened to Taha Amin. He was 18 years old at the time of the offences and had not been… Read more »

As a result of lockdown, many people have found themselves looking for alternative ways to make some income.  It might seem a good idea to jump in your car and see if you can make money as a taxi driver – but it isn’t that straight forward. Taxis are heavily regulated.  Any form or taxi… Read more »

It is often the case that a defendant does not dispute that a crime has been committed but denies any involvement.  It’s not only essential to challenge any evidence that points to the defendant as being guilty but also look for evidence that may point the finger elsewhere. In 2004 the courts clarified that the… Read more »

Update posted 19 October 2020i Further to our post of 31 August 2020, we have now been updated by the City of London police to the effect that 100% of the data that was extracted from our systems has been uploaded to the website (on the dark web) of the criminal cyber hacking group that… Read more »

If someone is convicted of a criminal offence, the Proceeds of Crime Act 2002 is designed to prevent a person from benefiting from the proceeds of that crime.   However, where that person has jointly owned assets – say, the house where he lives with his wife, then what is the position of the co-owner in… Read more »

Julian Young, Consultant at Tuckers Solicitors, acted in another case which highlights the close relationship between the criminal justice system and those suffering from mental health difficulties. In a case reported widely in the media due to the victim being a high profile TV presenter and documentary maker, Dr Jabeen has been remanded in custody… Read more »

Darrell Roberts and his twin brother are facing the prospect of deportation to separate countries despite being born in and lived in the UK their whole lives. The excellent Andrew Sperling of SL5 represents Darrell in his fight against clear indication that the home office intend to seeking deportation. Check out the full article on… Read more »

If you are waiting for your jury trial to be fixed during the current Covid 19 pandemic you will be alert to the fact that the possibility of it going ahead any time soon is extremely unlikely.  The crown court swiftly adapted itself to virtual and safe proceedings but due to the ill design of… Read more »

Congratulations to Tuckers latest two representatives in the pantheon of Legal Aid Lawyer of the Year nominees and winners. Zareena Mustafa has been shortlisted for the Public Law award this year. The nomination was based on her continuing work, predominately fighting for prisoners rights, particularly those based on the right to observe their religious freedoms… Read more »

As we slowly exit the Covid19 ‘lockdown’ we have seen several protests in major cities. As life moves toward a more ‘normal’ footing, whatever that may be, and as we enter the Summer months, protest action may likely increase. As we saw over the weekend, whilst there is a right to protest, there is a… Read more »

A complicated issue with regards the balance between understanding of history and those areas of our past that might be “relocated” rather than destroyed. Read Michael’s blog on LinkedIn

Anyone in the criminal justice system will be painfully aware of the long standing backlog of trials well before the COVID 19 pandemic took hold.  I have lost count of the number of clients I have dealt with who have to wait over a year before their trials are heard.  A speedy justice system it… Read more »

We often read on news websites about people who have been arrested and thus had their name published.  Nationally this would normally be a high profile person but locally it could be anybody deemed to be of interest. If your name is published as a person being investigated this can have a devastating impact personally… Read more »

For a prosecution to proceed to court there must be sufficient evidence to provide a realistic prospect of conviction and it must be in the public interest to do so.  There are many factors to be considered when assessing public interest and they include how serious the offence is, the impact of the offending on… Read more »

This message is to our clients – and hopefully answers some of the questions that you might have with regards how we are operating for the duration of this Coronavirus pandemic. The situation is changing rapidly, so we will try and keep this updated as the situation evolves! Tuckers Solicitors remain dedicated to acting in… Read more »

It is currently being reported that the government is to rush through emergency legislation in order to attempt to control the Coronavirus pandemic.  The legislation is likely to focus on restrictions on large gatherings and social interaction generally.  Coronavirus has been declared a pandemic by the World Health Organisation.  They have done so due to… Read more »

Circumstantial evidence can be confusing for somebody accused of a criminal offence.  Often people don’t appreciate that it can be very compelling and they don’t understand that it can still prove the misconduct alleged.  Circumstantial evidence can be illustrated using the offence of burglary.  Imagine if the police arrive at a property as an alarm… Read more »

Social media is not a private place and certainly many professionals concerned about ethics make the decision to opt out.  For some it is a place to interact with colleagues, debate and even self-promote.  It can be all of those things but for professionals, using it requires caution.  Professionals are regulated and their conduct can… Read more »

Anybody who has to appear at court and will be giving evidence is to some degree apprehensive about it.  Most of the time we can provide reassurance and a calming influence.  Sometimes it is clear that assistance is needed.  In those cases when a person giving evidence is obviously going to struggle to communicate an… Read more »

One of the issues that is highlighted as a result of the recent death of Caroline Flack, is when prosecutions will proceed without witness cooperation from the alleged victim of an attack.  Although prosecutions can only go ahead if there is a realistic prospect of conviction, this doesn’t mean that witness cooperation is required –… Read more »

Tuckers Solicitors and Murray Brankin Solicitors are delighted to announce the merger of their two firms which completed this week.  Tuckers is the largest criminal legal aid provider in the country and Murray Brankin Solicitors has a strong reputation in its local Coventry market and provides an obvious synergy with Tuckers established practice in Birmingham…. Read more »

Shelley Peynado-Clarke of Tuckers solicitors represented the family of David Dunnings in an inquest which concluded that there was a “complete failure to follow process” at HMP Coldingley, contributing to Mr Dunnings’ death. Instructed Counsel was Tom Stoate of Garden Court Chambers. David Dunnings was an IPP sentenced prisoner, who committed suicide whilst resident at… Read more »

In a change in public policy, the government has published a draft law which will allow filming Crown Court proceedings.  Up until now, you could find yourself in prison for filming Crown Court proceedings or even commenting outside on an ongoing trial.  For example, in 2011 an 85-year-old man was sent to prison for filming… Read more »

In a high profile case involving date rape drug, on 6 January 2020 Reynhard Sinaga was sentenced to life imprisonment.  He has been found guilty of having committed 136 rapes in total.  In his most recent trial, he was accused of lacing drinks with the date rape drug GHB to make his victims lose consciousness… Read more »

Tuckers & Kent Solicitors are delighted to announce the merger of their two firms which completed this week.  Tuckers is the largest criminal legal aid provider in the country and Kent Solicitors adds to its reach in the north London area.  Kent Solicitors has strong links in the local area, especially within the Turkish community…. Read more »

There have been some startling statistics set out a CPS Inspectorate report into the prosecution of Rape cases.  The report simply confirms what we already know, that the investigative and prosecution process in Rape cases is broken.  Although the report focuses on the reduction in prosecutions of Rape cases, we should not forget that the… Read more »

When people think about drink driving, they are usually thinking about what happens when people leave the pub at night and are stopped by the police.  Just as often though, the real stories which give rise to a drink driving convictions are quite different. It is often a minor road accident – just a shunt… Read more »

In recent news, it has been revealed that The Crown Prosecution Service (CPS) may have implemented secret targets for prosecutors in relation to rape cases.  This may have resulted in tens-of-thousands of rape cases being dropped. An unofficial policy which called on prosecutors to have ‘levels of ambition’ and to strive to achieve a 60%… Read more »

Welsh Secretary, Alun Cairns, resigned over claims he denied knowing about former aide Ross England’s attempt to sabotage a rape trial in April 2018. The entire scenario highlights some of the key difficulties prosecutors face in securing rape convictions in contested cases.  In recent years, attempts by defence lawyers or witnesses in rape cases to… Read more »

Two high profile examples that have been before the courts recently show the dangers of being “innocent and angry” in terms of your comments relating to being caught up in the criminal justice system – however, unfair you think that might be. Because of the ease of such statements being amplified through social media, this… Read more »

Recent figures released by the Crown Prosecution Service (Crown Prosecution Service) outline that rape prosecutions, convictions, and charges are at their lowest levels in over a decade. The notable fall in numbers has raised questions as to whether there has been a change in policy, procedure or handling of rape and sexual assault cases in… Read more »

Manchester United have stated that they are ‘cooperating fully’ with an investigation into historic sex abuse allegations against a former employee of the club. The investigation is being conducted as part of the Football Association’s (FA) independent review of child sex abuse in football clubs. The investigation is led by Clive Sheldon QC and is… Read more »

Making false insurance claims can result in criminal prosecution with serious consequences.  Often people think that making a claim arising from sickness on holiday might be an easy way to make some money.   However, Karl & Laura Hughes recently found out the serious downside of making false insurance claims in a recent case before the… Read more »

With a General Election coming up on 12 December 2019 and with there being some very polarised views on important issues of the day – it is worth remembering that there are a number of criminal offences relating to elections.  The case law makes clear that offences arising from the General Election will be treated… Read more »

Recent cases suggest there is a much tougher approach being taken against companies, but more importantly directors of those companies, when it comes to breaches of Health & Safety law.  One company director, Robert Harvey, was imprisoned for ten months after a fellow worker was crushed to death by an excavator.  The prosecution proved that… Read more »

Stop and search has always been controversial and now it is being used more due to rising public and political concern about knife crime. Increasingly the police are using a power under s60 Criminal Justice and Public Order Act 1994. This allows for stop and search powers to be exercised across a particular area, for… Read more »

In the latest revision to the sentencing guidelines, new guidelines for public order offences come in to force for adults sentenced on or after 1 January 2020. Although most public order offences are not considered to be amongst the most serious crimes, they do occupy a lot of court time with 18,600 offenders sentenced for… Read more »

The Conservatives have signalled that they want to increase the severity the current sentencing regime, particularly for offenders who commit some of the most serious offences.  Automatic release at the half-way point of some sentences is likely to be removed. Government statistics for 2018 show that for serious sexual and violent offences the following sentence… Read more »

In recent years, the number and type of sexual offences facilitated by technology have increased. As our world becomes ever more reliant on technology, questions are arising about how to deal with these ‘new’ offences. As sexual offences defence lawyers, it is important that we remain up to date with the regulation of these crimes… Read more »

Following the accusations made against Jimmy Savile, Operation Hydrant was set up to investigate claims of historic sex crimes. Of the 7,396 cases on the police database, only 29% ended in conviction. However, those who were wrongly accused of crimes are still facing the repercussions of the allegations. With such a massive influx of cases… Read more »

In most cases it is necessary for witnesses to give live evidence in Court.  However, there may be reasons as to why that is not possible.  The prosecution will often use the rules relating to witnesses who cannot be available to give live evidence in the context of evidence of police officers.  But the rules… Read more »

Gait analysis is increasingly used in criminal proceedings.  Where CCTV footage is not clear enough, forensic gait analysis compares and evaluates the features of how someone is walking to assist in the investigation of crime.  Civilian or police witnesses may make an identification based on recognition of the way someone moves and walks.  This is… Read more »

Recent reports suggest that that around 500 people have been arrested while drunk on aeroplanes in the last three years.  For many people a holiday begins once cases have been checked in.  But concerns have prompted the airline industry to ask the government to take steps to help reduce disruption on aeroplanes, by addressing licencing… Read more »

Sentencing decisions from the outside can often seem to make little sense.  Several newspapers recently wondered in relation to the sentencing in two cases why ‘one woman is jailed after stealing just £3,000 but another who took £22,000 walks free.” The story related to two cases in court on the same day, but with different… Read more »

Following the accusations made against Jimmy Savile, Operation Hydrant was set up to investigate claims of historic sex crimes. Of the 7,396 cases on the police database, only 29% ended in conviction. However, those who were wrongly accused of crimes are still facing the repercussions of the allegations. With such a massive influx of cases… Read more »

The field of law has long been recognised as one of the oldest professions. The fountain pen for many heralded a new era in a domain often associated with the ink well and pink ribbon briefs. However, with the advent and increasing evolution of technology and digital working, the profession, particularly the field of criminal… Read more »

The government has made a further announcement relating to prisoner rehabilitation, focusing on positive reinforcements. The long term aim is to assist prisoner rehabilitation and prevent re-offending.  Legislation will be passed that changes the circumstances in which certain convictions need to be declared to potential employers. The current position Currently, if a conviction is ‘unspent’… Read more »

Andre Clovis and Frances Frost, Consultants at Tuckers Solicitors, represented the family of Lewis Johnson in a judicial review relating to the decision not to prosecute a police officer who caused Lewis’ death whilst pursuing Lewis in his police car. On the 9 February 2016, Lewis Johnson died when his moped hit a street light… Read more »

If you have been charged with a harassment or stalking offence, this guide is designed to help you understand what the police must prove, the defences available and the likely sentences involved. In 1997 the Protection of Harassment Act was introduced to specifically deal with the offence of stalking.  Since then, various legislation has been… Read more »

I have legal aid with another firm, I am interested in changing solicitors and want to transfer my case to Tuckers Solicitors. How do I do that? Firstly let’s consider the reasons for a transfer.  There are many reasons why defendants may wish to change solicitors.  Sometimes it seems to be as simple as a… Read more »

Often the media reports that fraudsters make a lot of money from the proceeds of crime, and are then not ordered to pay it back.  But that is not always the end of the matter. What are the proceeds of crime? If a defendant is determined to have had a ‘criminal lifestyle’ then the court… Read more »

Today the Sentencing Council published new guidelines covering arson & criminal damage which are extended for the first time to cover cases that end up in the Crown Court.  Sentencing guidelines are designed to ensure that the court passes an appropriate sentence and does so consistently across all of these extremely varied cases. The new… Read more »

The press has recently reported that children who were victims of crime, often serious sexual abuse have received tiny sums, sometimes £20 for example, as compensation from the courts as a result of a criminal compensation order? In any case where personal injury, loss, or damage has resulted from an offence, the court must consider… Read more »

A question on many people’s lips since the former Justice Secretary Michael Gove admitted to using cocaine several times earlier in his career.   So, could he face the legal consequences of this? Cocaine is a Class A drug, the most serious category. Drug offences are governed by the Misuse of Drugs Act 1971 and whilst… Read more »

Prison is supposed to be hard. It is, after all, a punishment. But it’s also designed to help people address their behaviour and stop them re-offending. When imprisonment leads to more offending, it isn’t working. The specific problems faced by women have been highlighted recently by the Farmer Review for Women. Lord Farmer hopes to… Read more »

Justice – the renowned human rights organisation, has published a significant report that examines the prosecution of sexual offences, and in some areas calls for radical changes to be made. Among the authors of the report is Judge Peter Rook QC, a senior Judge at the Central Criminal Court (the ‘Old Bailey’) and considered an… Read more »

A nurse based in the West Midlands has been banned from medical practice after being convicted of making indecent images of children. He has been struck off the nurse’s register following his conviction at Birmingham Crown Court on 25th September 2018. The 38-year-old nurse was convicted of three charges of making an indecent photograph or… Read more »

In February 2019 the Court of Appeal quashed Sally Challen’s conviction for the murder of her husband and ordered a retrial. Last week the prosecution accepted a plea to the lesser offence of manslaughter and Challen received a sentence that meant she would serve no further time in custody. Why was the appeal allowed? Challen… Read more »

With much fanfare, ‘Finn’s Law’ came in to force on 8th June 2019, following the implementation of the Animal Welfare (Service Animals) Act 2019.  This new Act makes a straightforward amendment to a section of the Animal Welfare Act 2006. What was the problem? Section 4 of the Animal Welfare Act creates the criminal offence… Read more »

On 16 April 2019, we reported that Seamus Austin had successfully represented relating to the successful defence of businesses and individuals in appealing against the decisions of North Yorkshire County Council (which hosts the National Trading Standards eCrime Team) to impose maximum £5,000 penalties for breaching the secondary ticket re-sale provisions of the Consumer Rights… Read more »

A £7 m carbon fraud trial collapsed at Southwark CC. In his closing observations HHJ Nicolas Loraine – Smith described the prosecution witness Andrew Ager as “not an expert of suitable calibre”. Sarnjit Lal a Partner at Tuckers, together with solicitor Simrit Sidhu are representing a client who was convicted of a single count of… Read more »

We are delighted to welcome Kieron Locke to our team, based in Hastings, Sussex.   Kieron will be trading as “Kieron Locke” and providing services in his local area, building on his personal recognition in the Hastings police station and courts.  He will be using the back office services provided by Tuckers in order to focus… Read more »

The UK’s most prominent child abuse investigators have warned that more than 144,000 internet users across the UK are using the dark web to access indecent images. Tens of thousands of these users are accessing some of the most harmful categories of child abuse images, with the NCA outlining that the level of serious and… Read more »

A judge has ruled that a woman committed sexual abuse after performing a sex act on herself while in the presence of a baby. The woman admitted to performing the sex act with the baby present on several occasions, and in at least one instance while holding him. The father of the child had also… Read more »

On 29th May 2019 at Southwark Crown Court eight defendants walked free from court after a judge was forced to deliver not guilty verdicts on multiple fraud charges. The case collapsed following “chaotic” disclosure failures and after a key prosecution expert witness, Andrew Ager, was discredited as “wholly misleading”. Ager’s role in the case would… Read more »

Very few people would disagree that the sentencing law in England and Wales is a complete mess. The provisions that govern how a defendant is to be sentenced are both complex and contrasting and to be found across a significant number of statutes. Why does this matter? Research has shown that thousands of sentencing errors… Read more »

Writing on the Tuckers Kent Branch website, Luke Meyer – Partner at Tuckers Kent – posted his reflections of visiting China to share his experience of pre-trial detention in England. Ironically, at a time when our criminal justice system is under such threat from inadequate funding, parts of China have implemented a system of legal… Read more »

The Chartered Institute of Management Accountants (CIMA) is a UK based professional body offering training and qualification in management accountancy and related subjects. CIMA is one of the professional associations for accountants in the UK.  It focuses mainly on developing the management accounting profession. It is a recognised professional accounting body.  The Institute regulates the… Read more »

Gavin Williamson MP has been sacked from the Cabinet for leaking confidential information from the National Security Council regarding Huawei. Theresa May considers that the matter is closed and won’t refer him to the police. However, they can investigate anyway, but would need the cooperation of the Cabinet Office. There are some sensitivities when it… Read more »

Do you know your rights if you are arrested or asked to attend at the police station for a voluntary interview? There is a lot of concern in the criminal defence community surrounding the lack of knowledge, especially of young people, about what their rights are if they find themselves accused of a crime. Many… Read more »

Many people face very lengthy court proceedings, and it is therefore hardly unusual that on occasion a person may not be well enough to attend court. Despite this fact, courts are sceptical of alleged illness and unless the rules are followed in close detail, a non-attendee faces the serious prospect of being arrested by the… Read more »

Over thirty years on from R v Ghosh (1982), the Supreme Court, in the case of Ivey v Genting (2017) has overturned the two-limb test for assessing dishonesty in criminal proceedings, creating a powerful impact on the criminal law. What Is the New Position? The position, as a result, is that the Court must form… Read more »

The television drama ‘Line of Duty’ continues to captivate audiences keen to discover the identity of ‘H’ and the top copper involved in organised crime gangs.  Central to the plot of this series has been undercover cop John Corbett. Having been sent in to expose the workings of organised crime gangs, he appeared to go… Read more »

If you have been accused of a sexual offence or suspect that you may be charged, you may have some questions about the law of consent, and how it might apply to your circumstances. This post gives a brief overview of the law of consent and how it applies in particular situations, but if you… Read more »

The Crown Prosecution Service (CPS) has published details of the findings of its recently conducted review into rape and serious sexual offences (RASSO) cases. The review involved a reassessment of all cases in England and Wales in which someone had been charged with rape or serious sexual assault. It was carried out after concerns were… Read more »

Figures revealed by Lincolnshire Police show that 366 crimes were resolved using community resolutions last year of which 143 were for incidents involving violence without injury. The other 223 cases included the sexual assault of a young child alongside a religiously aggravated assault with numerous other violent incidents involving injury. These cases were dealt with… Read more »

Although many of the sexual offences contained in the Sexual Offences Act 2003, such as rape and sexual assault, can be committed against any person no matter their age, consent is irrelevant when it is alleged that a serious sexual offence was committed against a child. There are also equivalent offences that can only be… Read more »

The Government has introduced a new Bill in Parliament that will make ‘upskirting’ a specific criminal offence. The practice typically involves offenders taking a picture under a person’s clothing without them knowing, with the intention of viewing their genitals or buttocks. The Bill would insert a new offence under Section 67 of the Sexual Offences… Read more »

A man has appeared in Stafford Crown Court on rape charges relating to an offence carried out in 1989. The victim, who was 17-years-old at the time, caught a train from Shrewsbury intending to travel to Wellington. She missed her stop and got off at Telford. She had no money with her but a taxi… Read more »

The very nature of the role of a foster carer means that they are susceptible to allegations of abuse by those children in their care. Allegations of neglect or abuse are obviously taken extremely seriously but can have far reaching implications for all parties involved, as well as other family members. There can be many… Read more »

What should I do if I am accused of a sexual offence? If you have been accused of a sexual offence, it is crucial you seek expert legal advice at the soonest opportunity. Early advice could mean the difference between a conviction and an acquittal. Our sexual offences experts can advise you every step of… Read more »

If you have been accused of taking, possessing, making or sharing indecent images of a person under the age of 18, it is understandable that you will have some questions about the law. This post is designed to provide some basic information concerning the law of indecent images, for in-depth and comprehensive legal advice from… Read more »

Over the past few years, more innocent people have been convicted and more guilty people have walked free because the criminal justice system is broken following years of underfunding. Therefore, with the criminal justice system as it is, if you have not got money to pay for your defence, you may well really struggle to… Read more »

How many times have I heard a friend or family member of a convicted person say “X was let down by his previous solicitor, they did not listen to instructions, they did not give appropriate advice…” I am often instructed to Appeal against conviction in sexual offence cases, often where the now convicted person has… Read more »

Mental Health is a complicated business. Conditions are not easy to diagnose, doctors can disagree on which disorder a person is suffering from, or even if they have a mental health condition at all. Those with mental disorders might require specific assistance in court unlike those of a typical defendant. That’s if they’re mentally well… Read more »

Seamus Austin of Tuckers Solicitors has successfully acted for businesses and individuals in appealing against the decisions of North Yorkshire County Council (which hosts the National Trading Standards eCrime Team) to impose maximum £5,000 penalties for breaching the secondary ticket re-sale provisions of the Consumer Rights Act 2015. Having been successful in the first cases… Read more »

The Manchester Arena bombing, the London Bridge attack, Shamima Begum have all made headlines in the past few years, linked to terror attacks or concerns. The Counter-Terrorism and Border Security Act 2019 is the Government’s latest answer to curbing and punishing terrorist activity. The Act creates new terrorism offences, changes some old ones, and increases… Read more »

Faltec Ltd has been fined £1.18 million for two legionella outbreaks and a machine explosion after failing to comply with their Health and Safety obligations under the Health and Safety at Work Act. Initially the company was given a fine of £1.6 million, but it was reduced slightly on their appeal against the sentence). Faltec… Read more »

Last week the Hillsborough trial involving ex-police officer David Duckenfield ended without reaching a conclusion; several papers reported that there was a ‘hung jury’ – so, what does that really mean? In an ideal world, a jury will reach a clear conclusion by either convicting or acquitting the defendant. In a case with 12 jurors… Read more »

The Crown Prosecution Service has issued new guidance to prosecutors as to which offences may be committed regarding “child-like” sex dolls after more than 200 seizures by Customs Officers in the last two years. The potential offences include importing obscene articles, publishing an obscene article or having the obscene article to publish for gain or… Read more »

The Wire has published a piece looking into the controversial database created by Met police after the London riots – this article explores how the ‘Gangs Matrix’ has been used by the police and the implications of what it means to be on the list. https://www.wired.co.uk/article/gangs-matrix-violence-london-predictive-policing Suzanne O’Connell of Tuckers Solicitors explains how 80 per… Read more »

The Modern Slavery Act (MSA)  2015, hailed as  “the first of its kind in Europe, and one of the first in the world, to specifically address slavery and trafficking in the 21st century” was a much welcomed piece of legislation adding to and strengthening a number of International and National provisions.  Besides targeting the most common… Read more »

Bankruptcy usually represents either personal and/or business failure, bringing with it feelings of embarrassment, shame and anxiety. Piled on top of that the law requires bankrupts to cooperate fully to maximise recoverable assets for creditors. For some, it may be tempting to try and conceal with truth, with a view to salvaging something for themselves…. Read more »

The unimaginable has happened: you’ve been convicted of a crime you didn’t commit. The lawyers at your trial have told you that there is no hope of an appeal. You can’t afford more legal advice so you decide to look for a cheaper alternative. Surely there must be someone who can help? Perhaps that friend… Read more »

The murder of James Bulger in 1993 shocked everyone. That the killers who committed such a violent crime were only ten years of age was astounding. Many people, rightly, felt they should be punished to the full extent of the law. But some people think that the punishment should go further.  As a result, Jon… Read more »

HMRC is reported to be investigating alleged violations of a new criminal offence for the first time as part of the crackdown on money laundering. A freedom of information request made by the law firm Greenberg Taurig revealed there are five current criminal investigations. The Criminal Finances Act 2017 introduced the new offence of failing… Read more »

tLast week the Defence Secretary Gavin Williamson suggested a 10-year time limit (a Statute of Limitations) on the prosecution of soldiers accused of murder during military engagement. This proposal was in response to reports that British soldiers may face prosecution over deaths during the Northern Ireland troubles in the 1970s and 80s. So, what time… Read more »

The Home Secretary will this week hold an urgent meeting with police chiefs to discuss the recent rise in knife crime. This follows another week of killings as figures show that the number of people aged 16 and under being stabbed rose by a shocking 93% from 2016 to 2018. Channel 4 found that the… Read more »

In  strained financial circumstances, it can be tempting to consider purchasing counterfeit money. While the price of such ‘currency’ fluctuates widely, it is often as low as 25% of the face value, making it a tempting proposition. State currency producers spend millions each year on devising and improving security safeguards, and the fact that counterfeit… Read more »

In some cases the Modern Slavery Act 2015 provides a defence to specific criminal charges where it is shown that they were committed under a compulsion due to slavery or exploitation (for over-18s) or as a direct consequence of slavery or exploitation (for under-18s), the test for children being less difficult to establish. What else… Read more »

The government has announced a national rollout of GPS electronic tagging which will mean 24/7 location monitoring of those wearing the tag. The tag is now available in three Probation areas; the North West, Midlands and North East. Location monitoring will go live in the South East, South West and Wales by April 2019. There… Read more »

The Counter-Terrorism and Border Security Act 2019 has completed its parliamentary journey and will, in the main, come in to effect over the next few months. The Home Secretary Sajid Javid claims that the Act: ‘…ensures sentencing for certain terrorism offences can properly reflect the severity of the crimes, as well as preventing re-offending and… Read more »

STATEMENT BY JENNIFER IZEKOR February 14th 2019 “What has happened to me as a Black Female Commissioner of the IPCC raises significant questions about the approach of the MPS DPS in dealing with allegations of discrimination and racism against their officers by members of the public. Given that this is the 20th anniversary of the… Read more »

The government has published proposals to punish individuals who mishandle pension scheme management. Two new offences are proposed. The first will target individuals within firms who wilfully or recklessly mishandle pension schemes, endangering their workers’ pensions, by things such as chronic mismanagement of a business; or allowing huge unsustainable deficits/(losses) to build up; or taking… Read more »

The government has announced that drug detection scanners are being introduced at ten of the “most challenging” prisons. The technology will be used to detect drugs on clothes, paper and mail. It will be able to detect otherwise invisible traces of substances that have been soaked into clothes or letters in an attempt to bypass… Read more »

The Parole Board is an independent body that carries out risk assessments on prisoners serving certain sentences to determine whether they can be safely released into the community. When a person is considered to be fit for release it means that their risk has been reduced to a level where it is low enough to… Read more »

In a recent case the judge was faced with the task of sentencing 3 offenders for their part in causing the death of 4 people, and seriously injuring 3 others. The main offender Elliot Bower received a total prison sentence of 11 1/2 years. The offence of causing death by dangerous driving carries a maximum… Read more »

The Voyeurism (Offences) Bill completed its parliamentary journey on 15th January 2019. As the Act will create new criminal offences, the usual convention is that at least two months will pass before the offence comes in to force. Why was this law passed? This new law deals with ‘upskirting’, which is: ‘…the practice of taking… Read more »

Community Protection Notices (CPNs) are currently attracting a lot of attention from the legal community, and we have many concerns surrounding the way in which they are presently being used. In the recent case of Stannard a CPN in the following terms was challenged: “The notice now requires that you: 1 – are not to… Read more »

Richard Egan, Senior Partner at Tuckers Solicitors, has received numerous threats following the coverage of the Jack Shepherd case. BBC Legal Correspondent, Clive Coleman, has now responded in a piece on the BBC website, which amongst other things quotes former Lord Chief Justice, Lord Thomas mounting a robust defence of the role of criminal defence… Read more »

On Monday the government unveiled its new strategy to tackle domestic abuse.  The new measures are: Introducing the first ever statutory government definition of domestic abuse, which will include economic abuse Establishing the office of the Domestic Abuse Commissioner and setting out the Commissioner’s functions and powers Providing for a new Domestic Abuse Protection Notice… Read more »

You wake up one morning from sleepwalking the night before and the horror of the night before quickly unfolds.  Blue lights and uniformed police officers greet you, search your house and find your girlfriend dead in the bathroom. You have no memory of anything happening overnight, and she was alive and well when you went… Read more »

Although it should go without saying that no guilty plea ought to be entered in any criminal case unless all the evidence has been considered – as it is not easy to later change a guilty plea.  But regrettably, we see an increasing number of people, who have attended court alone, being pressured into entering… Read more »

On the 9th January 2019 at Brighton Magistrates’ Court, Julia Thomas of Tuckers Solicitors, leading the prosecution on behalf of the Health and Safety Executive, secured an indicated guilty plea from the Priory Healthcare Limited part of the Priory Group to a breach of section 3(1) of the Health and Safety at Work etc. Act… Read more »

The big news story this weekend was the surprising news that the Prisons Minister is considering whether to abolish the power to impose short prison sentences, being those that last 6 months or less, a move that has been welcomed by prison rights charities and probation staff alike. Arguing for the need for reform, Mr… Read more »

The Daily Mail has extensively reviewed Tuckers’ Partner Richard Egan’s career in one of its recent posts about the case involving Jack Shepherd. The review in full, including the credit to Neil Sears of the Daily Mail is reproduced below. How Jack Shepherd lawyer won legal aid lawyer of the year   By Neil Sears for… Read more »

Was it an offence to accuse Anna Soubry of being a Nazi whilst she was broadcasting on Sky News? Potentially… is the answer.  The Public Order Act 1986 contains the most likely answer for any prosecution, in sections 4, 4A, and 5.  These sections deal with ‘lower level’ public order offences. What are those provisions?… Read more »

In criminal practice, you might think that obtaining an adjournment (the postponing or rescheduling of a trial) is a relatively simple and straightforward matter, but you would be wrong.  In reality, getting an adjournment is now a complex process, and only the best use of the relevant principles will ensure the best  outcome for your… Read more »

Andre Clovis of Tuckers Solicitors’ Police Actions Department, assisted by Lucinda Hawthorn, acts for Alina Dulgheriu who is challenging the Public Spaces Protection Order (PSPO) imposed by Ealing Council. The PSPO prevents pro-life vigils offering support from being held outside the abortion clinic on Mattock Lane, thereby restricting Alina and others’ rights to freedom of… Read more »

If you are being sentenced for an offence, the court will be aware of, and may take into account, any previous convictions you have. Whether this has any impact upon the sentence passed will very much depend on the date of those convictions and the relevance of any previous convictions to the most recent offence…. Read more »

Unauthorised use of a registered trademark is a criminal offence, so selling fake goods at a car boot sale or online can get you into serious trouble. Few people are aware of the offences that can be committed, and ignorance is usually no defence. This article seeks to explain the background to some offences in… Read more »

In response to today’s article in the Daily Mail regarding the case of Jack Shepherd, referencing the role of Tuckers, there are a number of inaccuracies – as well as (predictably) the tone of the article being completely skewed to misrepresent the nature of legal aid, criminal defence solicitors and the role of the wider… Read more »

In 2016 legislation was brought in banning the production, sale, distribution and supply of psychoactive substances. Within that legislation there was a requirement for the government to review the law to measure any changes in outcomes before and after the law was introduced, to see if its aims were being achieved. That review has just… Read more »

Jim Meyer, a Partner at Tuckers Solicitors, represented John Broadhurst, who was acquitted of the murder and assault of Natalie Connolly by a jury sitting at Birmingham Crown Court on 11/12/2018 . The acquittal followed a 4 week trial when, at the close of its case, the prosecution conceded that there had been no unlawful… Read more »

We have seen hacking in the news a great deal over the last couple of years, for example in the context of the 2016 US Presidential elections and in connection with the extradition case for the hacker Lauri Love.  At the other end of the spectrum there are cases involving police officers unlawfully accessing police… Read more »

The Human Rights Act is 20 years old this year. Its name is often used in vain, “it’s against my human rights!” or blamed for something that probably isn’t to do with the Act at all. The Act sets out the fundamental rights and freedoms to which everyone in the UK is entitled. Where did… Read more »

Recently due to the rise in murders and serious crimes of violence involving the use of knives, particularly in London, there has been a lot of media attention surrounding the use of police power to stop and search people. So, what are the relevant powers? Section 1 Police and Criminal Evidence Act 1984 This is… Read more »

What is the matrix? After the London riots in 2011 the Metropolitan Police put together the Gangs Matrix where they kept hold of the information of anyone considered to be a “person of interest”. The Metropolitan Police would take actions such as looking at these persons social media posts along with looking at their previous… Read more »

On coronation street last week the jury returned guilty verdicts in the case of R v Sally Metcalfe, after being caught up in an array of crimes including fraud, money laundering and bribery. As weekly viewers will know, Sally was a pawn in Duncan’s deceiving plan to divert blame elsewhere. Her fate now lies in… Read more »

Elaine Macdonald of Tuckers Solicitors’ Police Action Department represented the successful Claimant, Mr O’Connor, in a week long jury trial at Central London County Court which concluded on 23 November 2018. Mr O’Connor was stopped and searched in south London in June 2013. During the incident he was CS sprayed, kneed in the groin and… Read more »

What is it? Restorative Justice (or RJ) may be used instead of a caution or conviction or alongside a sentence in order to force an offender to face up to their crime. What happens? RJ allows for the victim to explain to the offender how significantly their crime has impacted them through either a meet… Read more »

Andre Clovis of Tuckers Solicitors’ Police Action Department met with Ronke Phillips from ITV to discuss the effects of police driving. Two families represented by Mr Clovis, gave personal accounts of the potentially disastrous consequences of police pursuits and emergency responses when the police driving exemptions are applied. The 2 following videos are being spoken… Read more »

How do those nuisance callers get your information? And is anything being done about it to stop them? Who is the Information Commissioner (the ICO)?  The ICO and the Information Commissioner’s Office is an independent organisation originally designed to protect information rights, promote openness by public bodies and data privacy for individuals.  Criminal prosecutions may… Read more »

A suspended sentence  means that you do not go into prison  immediately and will not go to prison at all if you comply with the conditions attached to the sentence. Who can get a suspended sentence? In the Magistrates’ Court – where less serious offences are heard, any sentence of 6 months’ imprisonment or less… Read more »

After an increase in assaults involving the use of acids and other corrosive substances, the government has intervened to take action in an effort to reduce these. Currently 15 offences per week involve the use of acid. In January 2018, the Government announced a voluntary agreement with a number of the major retailers about the… Read more »

We are delighted to announce the recognition of Tuckers’ lawyers in the latest Chambers & Partners and Legal 500 directories. In the Legal 500 directory, we have been ranked in the top tiers for our Crime work in London and Manchester. Both Richard Egan and Jim Meyer have been listed as Leading Individuals. Richard has… Read more »

Coercing someone into marriage for financial or societal benefit is illegal. Last April three young women in Sheffield were given Forced Marriage Protection Orders (FMPO), demonstrating that cases of this nature still occur in today’s society in the UK. . There are various offences that fall under the banner of forced marriage. While it is… Read more »

Tuckers Solicitors were instructed in the first ever prosecution in relation to conducting an unregistered independent educational institution, contrary to section 96(2) of the Education and Skills Act 2008. The Crown Prosecution Service were represented by Mr. Louis Mably QC and the defendants were represented by Miss Jessica Jones of Matrix Chambers and Stephen Davies… Read more »

At 6.45pm on Sunday 3rd December 2017 Suleyman Yalcin [44], was making his way to his elderly parents’ home for dinner when he was struck and killed by a police van responding, with blue lights and sirens, to a request to attend ‘on the hurry up’ and assist in the transfer of detainees to a… Read more »

As solicitors we are here to help explain, advise and represent you in any legal matter or query you may have. The Solicitors Regulation Authority It is the SRA who regulate solicitors and law firms in England and Wales. The SRA set out principles that must be followed to ensure you are receiving the best… Read more »

It is an offence for a company to bribe another with the intent of obtaining or retaining business or to gain an advantage in business. Interiors Ltd were the first to be convicted of this offence for failing to have adequate provisions in place to prevent bribery. As a result, two directors of the company… Read more »

Until now the only specific offence relating to assaults on emergency worker has been for assaulting a police officer.  This was used for minor assaults.  The offence could only be dealt with in the Magistrates’ Court.  It carried a maximum sentence of 6 months in prison.  However, if the assault was more serious you could… Read more »

Monkey dust is a type of new psychoactive substance, similar to other cathinone drugs such as MDPV, methylone and magic crystals. The drug is a white powder. After one of the reported effects of the drug was users trying to eat their own face, the drug is known as “Zombie Dust” or “Cannibal Dust” in the… Read more »

These are the more serious drug-related offences and can result in extremely lengthy custodial sentences. It is illegal to supply a controlled drug – including all the familiar ones, such as heroin, cocaine and amphetamine. This also includes called Class B and C drugs such as steroids, khat and ketamine. Some of these could be… Read more »

https://www.bbc.co.uk/news/uk-england-lancashire-45257322 A video has been posted on social media showing a 14-year-old girl being hit in the face by a male police officer. The teenager and a 52-year-old woman were arrested on suspicion of assaulting a police officer and two officers needed hospital treatment. Lorna Wincote, a criminal defence lawyer from our Manchester office, starred on… Read more »

You might be called to court to give evidence at the defendant’s trial if you provide a witness statement for the prosecution or defence after the incident. The Witness Service provide practical and emotional help or assistance for any witnesses who are attending court. They can tell you about the court process, show you the… Read more »

The High Court has reversed a cut to criminal legal aid crown court fees, on the basis that the consultation that preceeded the implementation of the fee cut was “so unfair that it was unlawful”. Tuckers’ Partner, Jim Meyer, was involved in the design of the implementation of the original crown court litigator fee scheme… Read more »

Entrapment describes the situation where a person is enticed, incited or encouraged to commit an offence that they would not have otherwise committed. How is this relevant? Undercover police officers are often used in drug related offences.  Officers will become familiar with local drug users and suppliers, with a view to providing evidence for supply-related… Read more »

The Sentencing Council are responsible for setting sentencing guidelines in England and Wales, and have  just announced  new guidelines  for  manslaughter offences, which will cover the following.. Unlawful act manslaughter – a common law offence Gross negligence manslaughter – a common law offence Manslaughter by reason of loss of control – a statutory partial defence… Read more »

A person consents if he/she agrees out of choice and has the freedom and capacity to make that choice. This can be confused when it comes to drunk consent. Drunk consent still counts as consent, until the person loses their capacity to choose (due to alcohol). Consent is frequently an issue in rape cases, leaving… Read more »

The Home Secretary, Sajid Javid, caused controversy this week indicating that that he would not seek an assurance that the death penalty would not be imposed in the cases of Alexander Kotey and El Shafee Elsheikh, if they were extradited to the US. Since the death penalty was abolished in the UK, there has been… Read more »

One of the big news stories of the last week or so has been the case in which the BBC was ordered to pay damages to Sir Cliff Richard for breach of privacy. The background was the BBC filming a search of Sir Cliff’s property in July 2014 by the South Yorkshire police. He was… Read more »

What is the HSE and what do they do? The HSE (Health & Safety Executive) is the national body in responsible for health and safety in workplaces. Their aim is to prevent death, injury and ill-health in workplaces, offering free guidance and advice, inspections and investigations if any issues arise. They focus on the most… Read more »

Perhaps unsurprisingly, the Explosives Act 1883 makes it an offence to cause an explosion that is likely to endanger life or property, to attempt this or to keep an explosive with intent to endanger life or property. This is an extremely serious offence which is dealt with at the Crown court and carries life imprisonment…. Read more »

‘Arson’ is the criminal act of deliberately setting fire to property. There are a number of different offences that fall under arson, including simple arson, arson (being reckless as to whether life is endangered) and arson with intent to endanger life. Simple Arson Simple arson is where someone causes criminal damage by fire, e.g. setting… Read more »

The Sentencing Council has announced new a sentencing guideline for intimidatory offences which will take effect on or after 1st October 2018. This means that it could affect your current case. Judge Rosa Dean, a member of the Sentencing Council has said: “Our guidelines recognise and reflect the very intimate, personal and intrusive nature of… Read more »

A new offence was created under Section 45 of the Serious Crime Act 2015, meaning it’s an offence to be involved and participate in any activities of an organised crime group. It will work along side the offence of conspiracy, a charge aimed at major players in this area. The new participation offence is aimed… Read more »

What is a CBO? If you are convicted of a criminal offence, you could be given a criminal behaviour order (CBO), which was previously known as an anti-social behaviour order (ASBO). There are a few differences in the two, but each of them have a similar impact. A CBO can be applied to anyone over… Read more »

There has been an increase in serious knife crime and other violence in the UK over the past year. To help tackle this, the government has released an ‘Offensive Weapons Bill’, which will take a stricter approach to anyone in possession of harmful liquids and weapons. So, what will change? It will become a criminal… Read more »

If someone is going to, or has pleaded guilty or are waiting to be sentenced, they can admit to any other offences and ask that they are considered at the time of sentencing.  Doing so could have a positive impact, as it will show the court and the police that you are willing to wipe… Read more »

The government has announced that they will be using new roadside breathalysers in order to increase the number of drink driving convictions by 6,000 each year. Currently, drivers are expected to take a breath test on the roadside, and, if positive, they will be arrested and will need to complete a further breath test back… Read more »

The Sentencing Council has published new guidelines tightening up the way courts deal with offenders who have not complied with a wide range of orders such as suspended sentence orders, community orders, restraining orders and sexual harm prevention orders.  It is the first time there have been comprehensive guidelines in this area, which will come… Read more »

Social media sites are all pervasive, and it is important that you take care with regards the content you post onto these platforms, including personal information. Online Risks Identity theft can be one of the consequences of the amount or type of personal information you share on social media, as fraudsters and hackers can grasp… Read more »

In 2012, new offences of stalking were recognised and introduced. These include: stalking involving fear of violence and stalking involving serious alarm or distress. The common behaviours of stalking… Following the person Constantly contacting or trying to contact the person for any reason Posting content that is related to the person Spying and watching the… Read more »

Airports are obviously one of the most common locations for people seeking to smuggle drugs from one place to another, concealed either in their clothing, luggage or even in their bodies. People often attempt to transport these drugs for their suppliers in foreign jurisdictions, also referred to as a ‘mule’.  Why do people do this? … Read more »

Recent Tuckers’ recruit, Stephen Davies, was featured yesterday on Sunday Politics in their segment relating to the crisis facing the criminal justice system.   The segment can be seen via this link     The segment also featured a junior barrister, explaining the difficulties faced by the criminal justice system as the result of repeated funding cuts over… Read more »

The basic rule is that if you are charged with a criminal offence and are over the age of 17, the details of your case are public and your name could appear in local news and the newspapers, particularly if it is a high profile case for any reason.  Obviously, these days, anything in the… Read more »

In recent news, over 70 criminal sets of barristers chambers across the jurisdiction of England and Wales have individually voted to not accept any new work for representation orders granted on or thereafter 01 April 2018. Barristers are not on strike, instead they are simply not accepting new legal aid cases following a cut to the… Read more »

If someone is prosecuted for Dangerous Driving, the maximum prison sentence they will receive is 2 years, however if their dangerous driving resulted in taking someone’s life, this number will increase to 14 years. Dangerous driving definition: “A person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)… Read more »

The Sentencing Council has launched new Arson and Criminal Damage sentencing guidelines which cover arson, criminal damage and racially or religiously aggravated criminal damage offences. ‘Arson’ is the criminal act of deliberately setting fire to property. The reasoning behind the new guidelines is for ease and consistency of sentencing for these particular offences. The Magistrates’ Court… Read more »

It seems bizarre to be talking about the need to alert our elected representatives to the plight of the criminal justice system.   Don’t they know already?  We suspect that the answer is “no” – and we suspect that the example of Nigel Evans MP is instructive.  He was part of the Conservative government that removed… Read more »

Head of Tuckers Military Law department acted in a case which has attracted significant media attention. The case eventually collapsed, exposing the criticism of the three year investigation – as reported in the Guardian.  The Judge criticised military investigators after the collapse of the case against army instructors who were accused of bullying teenage recruits…. Read more »

In recent news, the government has announced further changes to the sentencing of domestic abuse offences, including a new definition that will apply to all possible relationships and victims and now covers controlling behaviour and economic abuse. Domestic abuse: Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those… Read more »

When dealing with any criminal case, it is vital that you have the correct professional support in order to ensure a successful resolution to the problem. Criminal investigations and proceedings can be very stressful, and this stress often backfires on the rest of the relatives and families too. The earlier, the better It is important… Read more »

Cases relating to allegation of child deaths caused by shaken baby syndrome are amongst the most complex to come before the criminal courts.  The unlawful death of a child is always deeply traumatic.  For some parents, it represents a deeply personal tragedy, compounded by the nightmare of a criminal trial. By far the majority of… Read more »

As a reaction to high profile knife crime with a number of stabbings having taken place over the last few weeks, resulting in deaths and injury, there are going to be changes to sentencing – seemingly intent on using deterrent sentences to discourage knife possession. The Sentencing Council has issued new guidelines for knife crime… Read more »

What is a dog death penalty and how are they issued? ‘Dangerous dogs’ are defined as dogs that are  ‘dangerously out of control’, although many believe that the only reason why some dogs are dangerous is because of the way they are handled by their owners.   There is a law specifically for dangerous dog offences… Read more »

A new fingerprint scanner system is going to be brought to use on the streets by West Yorkshire Police after trialling the system for 3 weeks. The purpose of the new system is to check the identity of an unknown person quicker. Their fingerprint will be compared against over the 12 million police records, meaning… Read more »

In recent years, the UK has seen a wave of allegations of sex abuse as a result of the BBC scandal which was sparked when floods of allegations were made against Jimmy Savile in 2012, one year after his death. This led to something of a witch hunt, where we saw a number of high-profile… Read more »

Being detained, arrested or charged with a criminal offence is often one of the most confusing and stressful experiences an individual is likely to encounter. For many of our clients, allegations have surfaced from historical events or are otherwise unexpected, resulting in quite a shock for clients and their loved ones. In all situations, it… Read more »

Rehabilitation is a central principle of our  justice system. It means that after someone has committed a crime and dealt with the consequences, they have the ability to move on. However this does depend on the seriousness of the crime; For example, if someone has been convicted of murder or rape, it is difficult for them to to move on particularly with press, TV news and social media in the way seemingly… Read more »

Failures in disclosure in the criminal justice system have been front page news in the last few weeks.   The high profile collapsed trial of Liam Allen has been followed by others.  Last week, Alison Saunders, the Director of Public Prosecution, announced that all rape and serious sex offence cases will be reviewed with a view… Read more »

Karen Rogers, head of Tuckers Inquest team, will represent the family of Sarah Burke, along with Tim Stoate of Garden Court Chambers, when the hearing into her death opens on Monday. Supported by national charity INQUEST the hearing will explore the care issues in prisons at Drake Hall and Peterborough after Sarah Burke died 8… Read more »

The term ‘character’ is often used in criminal law, mostly determining whether someone is a good or bad character. A ‘bad character’ is someone who could have their previous convictions used against them in order to persuade a jury that they are guilty. If someone does not have any previous convictions, to their advantage, they… Read more »

Knife crime within the UK is becoming more common. Sadiq Khan has recently proposed a new call to action, where stop-and-searches would again become more common in London to help tackle these crimes. More police body-worn cameras used during such searches are supposed to help put the public at ease, that such searches are being… Read more »

Many questions are commonly asked about ‘smacking’ a child, and whether this is legal or not. There have been many laws in place since 1861, which criminalise unlawful violence, but today it is still within the law to scold a child by smacking them. In recent news, Wales has proposed a 12-week consultation where they… Read more »

Restraining orders fall under the Protection from Harassment Act 1997. The orders are put in place so that people can feel protected when they feel like they are being harassed, often in cases of domestic violence.  In many cases a complainant will “forgive and forget” before the order has been properly discharged.  But any contact… Read more »

Appeals can be made against sentence to the Court of Appeal from the Crown Court.  Circumstances will obviously differ in each case, but it is often straight forward for our solicitors to outline the process for you, depending on whether the appeal relates to a guilty plea or conviction after trial.  After sentence, there is… Read more »

‘Perverting the course of Justice’ effectively means lying to the police or court in a way that seeks to hide the commission of an offence or acting in a way to unlawfully discourage others from carrying out their lawful duty of giving evidence to the court.  Unsurprisingly, this is highly frowned upon in the justice… Read more »

Over the Christmas period it may be that not all our staff are available – however, our 24 hour line will continue to be operated by office based staff throughout the Christmas period.   You can call us any time of day or night on 0845 200 3367. We wish everyone a wonderful Christmas, and obviously… Read more »

Miscarriages of justice on the scale of the case of Liam Allan attract a lot of national media attention and rightly so. There are some very important issues that they raise – and from the point of view of criminal defence lawyers, it is particularly important that these are being raised in the right wing… Read more »

There have recently been multiple news articles about the increase in terrorist attacks within the UK in the past year. Statistics say that there has been a 54% increase, with over 400 arrests to terrorism-related offences within the past year, 64 of these being due to the terrorist attacks in London and Manchester – 12… Read more »

The number of recreational drug uses rapidly increases over the festive period, the most popular substances being cannabis and cocaine. Some people may be encouraged to try these for the first time at parties, (sometimes due to alcohol), or because they genuinely wanted to try it. Despite the apparent short-term joy that come from drug… Read more »

There are many arguments about hands free devices in vehicles, and whether they become dangerous in certain circumstances. Recently, a woman was jailed for 3 years due to causing death by dangerous driving whilst using a hands-free mobile phone. She collided with a motorbike head-on and killed the motorist instantly. The woman was not using… Read more »

Gemma Blythe – Caseworker at Tuckers Margate, has published an article for the Justice Gap which can be found here. Gemma explained that the government have recently consulted on the PACE Codes of Practice in relation to voluntary interviews. The proposal is that PACE would provide additional safeguards to ensure suspects questioned by the police by… Read more »

Extradition is where someone is returned to stand trial or serve a sentence in another country where they have been accused of doing something against the law. In some cases, a warrant may be issued against them. The process starts with a request from the state to the UK authorities, and it is up to the… Read more »

There are opposing points of view regarding jury trials, but the popular belief is that it is a good thing to have 12 people chosen at random as this can help to give a more fair trial, being given the responsibility of making the decision as to guilt in a Crown Court trial.  However, the… Read more »

In a recent article about knife crime for the Guardian, statistics show that there were 4,054 hospital admissions for assault with sharp instruments in the year ending March 2016, with a 13% increase in comparison to the previous year, which had 3,590 admissions. A Metropolitan Police report also states that in the last 5 years,… Read more »

Andrea Coomer, Director of campaign group Justice, recently told the Guardian: “the criminal justice system is not suitably designed to accommodate people with mental health or learning difficulties”, following a report prepared by Justice into the state of mental health and its impacts on people in the criminal justice system receiving a fair trial. Included in… Read more »

Domestic Violence Protection Notices (DVPNs) are mainly used by police when they are attending a potential scene of domestic violence, either as protection for the victim when an arrest has been made, or if an arrest has been made but there is an undergoing investigation. DVPNs are used to evict the recipient from the property… Read more »

There has been some recent research into the way that other countries handle their youth prisons, partly in response to some of the horrific feedback about the UK youth prisons. It’s argued that putting young children and teenagers in prison does not prevent them from getting into further crimes, it does the opposite. Conversely, statistics… Read more »

Tuckers is delighted to announce that from 1 December 2017, Hind Ibrahim will be a Partner at Tuckers Solicitors LLP. Hind joined Tuckers in 2008 along with a number of colleagues from Fisher Meredith, when the crime department of that firm joined with Tuckers.   She had a distinguished career as a duty solicitor, mainly working… Read more »

Stories about a forensic testing scandal have been in the headlines due to the inaccuracies of forensic testing in two of the UK’s largest laboratories, which have already resulted in arrests pending further police investigation. Randox Testing Services (RTS) and Trimega Laboratories handle samples for high-profile criminal and family law cases. Some of these samples… Read more »

The drug methiopropamine (MPA) becomes a class B drug on 27th November 2017, and will fall under The Misuse of Drugs Act 1971 if it is found being used for recreational purposes. We have recently written an article about ‘Laughing Gas’ nitrous oxide. If you would like to read more about this, please follow this link: https://www.tuckerssolicitors.com/laughing-gas/… Read more »

Our 24 hour line will remain open 24 hours a day, every day throughout the Christmas period. If you require expert criminal defence advice, please contact us on 0845 200 3367.

Police will soon be launching their national campaign which will target drink drivers, as the number of drink and drug driving offences increases hugely around the Christmas time. People think that these offences do not seem as serious as they actually are, but this type of conviction can have huge consequences on someone’s life.  Losing… Read more »

Where an allegation of Historic Sex Abuse is made in respect of an event alleged to have happened 25 years ago, there are often no witnesses, no complaint made at the time, no CCTV, no forensic evidence, the age of the reliable always full battery Nokia 3210, no photos, no videos. What then are you… Read more »

In some cases, yes. Sometimes it is possible to contact the court and apply for a driving disqualification period to be reduced. This is only possible if your circumstances have changed since you were disqualified. Most courts do not view driving disqualifications as ‘genuine mistakes’. Instead, they believe that the person was more than aware that… Read more »

Allegations and convictions for historic sexual abuse dominate our headlines. From the allegations made against Harvey Weinstein in recent weeks, to the Savile inquiry, to the fraught Independent Inquiry into Child Sexual Abuse in England and Wales, historic sexual abuse claims, and how we deal with them, is a pressing concern for our society. At… Read more »

A new two-week gun amnesty has just begun across the UK. People have been given the opportunity to dispose of any firearms and ammunition safely, with no questions asked by the police. It is directed at two distinct groups of people. One group being people who are aware that they are in possession of illegal… Read more »

An Inquest jury in Norwich concluded, after a week long inquest, that the police chase death of 19 year old Preston Fulcher was not the fault of the officers involved in the chase. Giving a narrative verdict the foreman said: “Preston Joseph Fulcher died on June 26 2016 at the Norfolk and Norwich University Hospital… Read more »

Andre Clovis, Consultant at Tuckers, has told Victoria Derbyshire that the Independent Police Complaints Commission (IPCC) and the Met Police failed the family of dead teenager, Liam Albert.  On 8 July 2009, Liam Albert (17) died following a high speed police pursuit by officers from the Metropolitan Police Service.  Andre Clovis represented Liam’s parents Sharla John… Read more »

Figures relating to stop and search have just been released as part of a report of outcomes using police powers for the year ending 31 March 2017. Once again, the figures will be the source of some controversy. Stop and search – numbers falling Figures show that the total number of searches have fallen dramatically…. Read more »

The DVLA has launched a new campaign called “ Tax it or Lose it ” which is targeting people who refuse to tax their cars. Most people think that they can get away from it, or that they won’t be found out. This is entirely wrong. The DVLA are currently checking every car in the… Read more »

Nitrous Oxide, a drug commonly known as ‘Laughing Gas’, is currently in the news following cases in the courts involving people in possession and supplying the gas – which is a drug under the Psychoactive Substances Act 2016.  There is a big difference between just carrying the gas, and having the intention to supply the gas;… Read more »

Karen Rogers, specialist Inquest lawyer at Tuckers dealing with deaths in custody cases, has welcomed the Independent review deaths and serious incidents in police custody by Dame Elish Angiolini.   Karen said “The findings of this review come as no surprise to us as lawyers representing families in Inquests, whose loved ones have died following police… Read more »

We are delighted to announce the recognition of Tuckers lawyers in the latest Chambers & Partners director.   As the country’s leading criminal defence firm, it is always reassuring to see that Chambers reflects our status in Band 1 of the Crime rankings.   We continue to be the only firm in the country with three practitioners… Read more »

Saying sorry really can help sometimes – if you mean it.  A genuine expression of remorse can help in reducing a sentence that you might otherwise get.  But it is only ‘genuine remorse’ that is really taken into consideration in sentencing guidelines.  The Oxford English Dictionary defines it as “a feeling of compunction, or of… Read more »

The House of Commons Justice Committee has called for urgent change in the regime for disclosing youth crime. Currently, convictions are often reported to prospective employers, through a DBS check – even where they have no relevance to a person’s ability to do the job. Chairman of the Committee, Bob Neill (Chairman of the Committee),… Read more »

Tuckers’ clients Stephen Oliver, Jamie Wyatt and Mike Hughes were all cleared of copycat website fraud charges at Teeside Crown Court after an 8 week trial. This is one of two leading cases funded by central Government and prosecuted by the National Trading Standards concerning copycat websites that are alleged to mimic official government sites… Read more »

Voluntary interviews are being used to explain the dramatic fall in the number of arrests which is today being reported in the national media.    The headline numbers indicate that arrests have fallen by nearly 50% in 10 years. What are Voluntary Interviews? Probably the most important thing to know about voluntary interviews is that they are… Read more »

A civil case in the Supreme Court, which held that a professional gambler was not entitled to £7.7 million in winnings from a casino, has expanded the definition of fraud. This is likely to make it harder to defend an accusation of fraud in the criminal courts. The previous law on fraud Since a previous… Read more »

The Ministry of Justice have just announced a further cuts to criminal legal aid for work undertaken on the most serious cases.   Previously, in complicated cases, lawyers were paid on the basis of a fixed fee for the work done reviewing up to 10,000 pages of evidence.   From 1 December 2017, this will be cut… Read more »

Body Worn Cameras are becoming more popular in police forces across England and Wales, including prison officers. Apparently this new idea is “changing the justice system”. Psychologically, the idea of being filmed can cause people to react differently in certain situations, for example some may not get as angry if they know they are being… Read more »

Released from custody?  But are you free? Whenever an offender receives a prison sentence, it is the unfortunate situation that no one wants to be in, also affecting relatives, family and friends of the offender. Most offenders think that after they are released from custody, they are completely free. They believe that the punishment door… Read more »

It is regrettable, but true, that many people being convicted in the Magistrates’ Courts – particularly where their case has been funded by legal aid or where they were unrepresented at Court, feel that the Court has arrived at the wrong decision. A Magistrates’ Court conviction can have significant impacts on peoples’ lives.  Often it… Read more »

The report into Operation Collier, released today, concludes that Ted Heath would have been questioned in connection with claims of sexual abuse if he had been alive when the allegations came to light.   However, Tuckers’ Partner Phil Smith has taken to Twitter to point out that police are obliged to investigate reports.  Thereafter, it is an… Read more »

The government has announced plans to legislate to significantly increase sentencing powers under the Animal Welfare Act 2006. Currently the maximum custodial sentence is six months’ imprisonment.  That could be raised to 5 years! Offences covered by the Act There are a number of offences under the Animal Welfare Act 2006 including those, such as… Read more »

When animal species face extinction special interest groups dedicated to saving them are set up, campaigns are launched, funds are raised and celebrities get involved but when a cornerstone of our democracy, the criminal lawyer, is at risk we hear little; yet we face an impending crisis which if it is left unaddressed will undermine… Read more »

Most people convicted of drink driving leave court thinking they know the length of their disqualification. But because there is no ‘right’ to hold a driving licence, the Secretary of State for Transport has the right, to withhold a licence. This can happen after a conviction for drink driving if the offender is deemed ‘high-risk’…. Read more »

As a motorist, it is incredibly challenging to deal with prosecutions for driving offences. The process can seem overwhelming – potentially involving civil and criminal aspects. Motorists need to be supported through this difficult experience with sensitivity, supporting them to defend their position. The difficulties involved in this kind of case is demonstrated in a… Read more »

In recent years, historic abuse claims have dominated our front pages and newsfeeds. From the Savile inquiry to the recent focus on abuse in youth football, it is clear that this is one of the crucial criminal justice issues of our day. Foster carers too have come under increasing scrutiny. Dealing with an allegation of… Read more »

Manchester Partner Leigh Wright, along with senior Caseworker Justine Fairfield and instructed Counsel Suhkdev Garcha successfully secured the acquittal of NM after more than 50 days of trial at Birmingham Crown Court. Mr M was charged as part of a conspiracy with intent to supply class A,B and C drugs.  The prosecution believed he was involved in the organisation… Read more »

James Turner (Partner) and Sharon Bailey (Advocate) at Tuckers’ Birmingham office secured the acquittal of client Mark Jennens in a sad case following the death of his mother following a row over potatoes on Christmas Eve. Mr Jennens had acted as the carer for his elderly mother for more than 10 years and she suffered a… Read more »

Tuckers’ Partner, Richard Atkinson, is one of those quoted in the national media today, commenting on a report by HM Inspectorate of Constabulary and the HM Crown Prosecution Service Inspectorate.   The report found that it was rare for police officers to tell prosecutors about evidence that could undermine their case or assist the accused’s – known in legal… Read more »

Shelley Peynado-Clarke of Tuckers Prison Law team, along with Phililip Haworth of 33 Bedford Row Chambers, successfully appealed and overturned the indeterminate IPP (Imprisonment for Public Protection) sentence handed down to Zak Ouhidosse 11 years ago. Mr Ouhidosse was convicted of two burglaries in 2005 and one attempted burglary imprisonment for public protection with a… Read more »

Will I be granted Criminal Legal Aid? This article is for people who would be eligible for legal aid but need to complete the forms and provide supporting documents or provide further information before legal aid will be granted. Am I eligible for criminal legal aid? There are many factors which affect this and your… Read more »

Rights on Arrest for Service Staff This guide will help members of the Royal Navy, the Royal Marines, the British Army and the Royal Air Force who have been arrested by the RMP (Royal Military Police) or civilian police with regards their rights on arrest. This covers any offences whether military offences or civilian offences… Read more »

Jill Eastwood and Iain Johnstone, Solicitor Advocate, successful secured the acquittal of Alexa Collier, a teacher, who was alleged to have broken the jaw of her ex-girlfriend in a scuffle that ensued when her former partner, Nicola Lees, attended at the Collier family home with the intention of revealing Ms Collier’s sexuality to her parents…. Read more »

Extradition is a legal process by which a requesting state can apply for the arrest and surrender of a person from another state, for the purpose of conducting a criminal prosecution or executing a custodial sentence. It is quite different from deportation, which is concerned with the removal of an individual from a national territory…. Read more »

The age of criminal responsibility is a contentious topic for many countries across the world, with different states taking distinct views on what age should be fixed as being appropriate for holding someone (that would in most cases still be a child) responsible for what is, if proven, criminal conduct. The UK has struggled with… Read more »

When does a Voluntary Interview take place? In the past, people attended the police station almost exclusively under arrest.  However, increasingly we are seeing the proper use of “voluntary interviews”.  Proper use, because the test as to whether someone should be arrested is whether it is necessary for a prompt and effective investigation.  There are… Read more »