Driving whilst using a mobile phone
Using a mobile phone or any handheld device while driving is one of the most common road traffic offences prosecuted in the UK today. What may seem like a quick glance at a message or a brief
Using a mobile phone or any handheld device while driving is one of the most common road traffic offences prosecuted in the UK today. What may seem like a quick glance at a message or a brief
Now that the football season is back in full swing, the police continue to take action over disruptive fans at football, with ongoing arrests and continued applications for football banning orders. What is a Football Banning Order?
Being invited or taken to a police interview under caution can be a stressful and confusing experience, especially if it’s your first time. Whether you attended voluntarily or were arrested, knowing what happens after the interview is
What is Stalking? Under the Protection from Harassment Act 1997, stalking is recognised as a pattern of repeated, unwanted behaviour that causes distress or fear in the victim. Examples of stalking behaviour are; following a person contacting, or
The Police National Computer (PNC) retains all records of arrests and summons, regardless of the outcome. This information remains on the system until the individual reaches 100 years old. In addition to police records, DNA profiles and
If you have been caught sitting behind the wheel drunk or even near your car after drinking, you might wonder if you are committing an offence. UK law allows the police to charge you with being drunk
Yes! Whether you are under arrest or asked to attend the police station voluntarily, being interviewed by police under caution can be an intimidating experience, a legal representative can safeguard your interests, ensure your rights are protected,
An application for exceptional hardship can be made when a driver accumulates 12 or more penalty points on their licence within any 3-year period, leading to a potential disqualification under the totting up ban provisions in Section
New legislation came into force on 25th March 2022 that prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function. This widens the offence
Where there is no evidence that a vehicle has been driven by a defendant whilst over the prescribed limit, a charge of drunk in charge of a vehicle may be brought. In order to be guilty of
What is driving without due care and attention? The offence of driving without due care and attention (careless driving) is committed when your driving falls below the minimum standard expected of a competent and careful driver or driving
It is well known that it is against the law to be in possession of a bladed article in public. However, it is a common misconception that you can own an offensive weapon, as long as you
What is the offence of Intentional Strangulation? An offence of intentional strangulation is defined as when: A intentionally strangles another person (“B”), or A does any other act to B that – affects B’s ability to breathe,
Did you know that if you fly or own a drone, whether it is for work or leisure it is your responsibility to make sure all flights are safe and legal. It is important you are aware
It’s that time of year, the Christmas party season is underway which coincides with the national Christmas drink drive campaign. That means there will be more stops and more prosecutions due to an increase in police patrols
Leicestershire saw almost twice as many speeding prosecutions in 2022 compared to 2021, reports show. Nationally, the number of drivers receiving a speeding conviction has reached an eight-year high. Most people caught speeding were offered a fine
Why would the DVLA revoke my licence? UK law requires motorists to notify the DVLA of any medical condition which could impair their ability to drive. Medical reasons can include but are not limited to: epilepsy diabetes strokes and
Being arrested for rape or any sort of sexual offence can be a terrifying experience. Having been through the turmoil of an arrest and interview you find yourself bailed to return to the police station. Of course,
At the start of March there were 83,990 prisoners in England and Wales meaning that prisons were 1,200 prisoners short of the prison system’s useable operational capacity. What does this mean for me and my case? The
Have you been asked by the Police to attend a voluntary interview, for a talk? A voluntary interview is conducted by a Police Officer when investigating a criminal offence, the person being interviewed is the suspect in
The Christmas season is fast approaching and the party season is well underway. Christmas drink drive campaigns may be starting to appear from local police forces. This will mean that once again police will be targeting drink
In the 2021-2022 season the police continued to take action over disruptive fans at football, with over 2,100 arrests and 516 new Football Banning Orders issued. There is no doubt therefore that with the World Cup taking
If you feel that the police have imposed strict and unworkable bail conditions on you, our expert criminal defence solicitors at Johnson Astills can make an application to the Magistrates’ Court to have them changed or removed.
If you are considering dressing up for Halloween, to go to a party as a scary character, be careful that your costume does not obstruct your ability to drive. If your costume could affect your driving, you
Section 70 Domestic Abuse Act 2021, introduced offences of non-fatal strangulation and non-fatal suffocation, these offences came into force on 7th June 2022. What is the offence of strangulation or suffocation? The legislation states that a person
From 31st May 2022, the sentencing guidelines for child sexual offences where no child existed or is harmed will be revised. What are the changes? The new guidelines coming into force provide Judges and Magistrates with guidance
WHAT IS SEXSOMNIA? Sexsomnia is sexual behaviour while asleep. It is recognised in both sleep disorder and psychiatric classifications. Sexsomnia occurs when the brain is disassociated or partially disassociated and covers a wide range of sexual behaviours.
New legislation comes into force on 25th March 2022 that prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function. This widens the offence
The moment of dread. Did I activate that speed camera? Will I receive a ticket in the post? According to the latest official data 74% of all motoring offences are speed related and can be a major
The increase in crimes of this nature has led to the implementation of the Offensive Weapons Act 2019 specifically Section 46. This came into force on the 14th July 2021. This section made amendments to the Criminal
If the police wish to speak with you under caution it is extremely important that you understand your legal rights. Even if you are not under arrest or placed in police custody you still have the right
The Christmas season is coming… As the Christmas season approaches the party season gets underway. You may see Christmas drink drive campaigns starting to appear from local police forces, which will mean that once again police will
Many will know it is already an offence to disclose a private sexual film or photograph in which another person appears without the consent of that person. Earlier this year and because of the Domestic Abuse Bill,
Owning an E-Scooter legally is currently difficult, as there are strict rules on any privately owned E-Scooter to be used lawfully on a road or public place. The rider must have insurance, licence, safety equipment and vehicle
With restrictions lifting there is an increase in drink driving offences, not only can you find yourself arrested for an offence of driving a motor vehicle whilst over the prescribed limited but also if you are found to
The police can request a specimen of breath when they have reasonable grounds to suspect that you were driving, attempted to drive or drunk in charge of a vehicle where alcohol or drugs have been consumed. It
As a new driver your licence is particularly important to you, however are you aware that your driving licence is automatically revoked by the DVLA, if you build up six or more penalty points within two years of passing
The 1st April 2021 will see updated and new sentencing guidelines for some drug offences come into force. These will apply to all cases sentenced on or after 1st April 2021. The updated and new guidelines are
On 16th March 2021, the Police, Crime, Sentencing and Courts Bill passed its Second Reading in the House of Commons. The Bill has already caused controversy within the media, particularly in relation to the restrictions it seeks
Research shows that over a third of drivers fail to restrain pet passengers, with 1 in 10 allowing pets to sit in the front seat of the car, and a further 9% of drivers, allowing their pet
A new guideline for sentencing offenders with mental disorders, developmental disorders and neurological impairments has recently come into force. The new guidelines provide transparency and clarity for sentencing offenders with development disorders, mental disorders and neurological impairments.
What is a Special Reasons argument? A special reasons argument is put forward to the Court in order to ask the court not to disqualify a motorist from driving or endorsing their licence with penalty points. A
As the country goes into a third national lockdown the Lord Chancellor has confirmed that the criminal courts will not be closed. Attending court is a legal exemption to the national lockdown ‘stay at home’ restriction. Judges,
Does a Company have to provide details of their drivers’ (s172 notice)? If a vehicle is registered at DVLA as being owned by a Company then the Company must provide details of the driver’s identity. How is
Affray is a public order offence, the offence is committed if a person threatens or uses unlawful violence or force towards another person, which causes another person of reasonable firmness present at the scene to fear for
It is regularly reported in the newspapers that the number of Rape prosecutions are falling. Early this year in order to identify areas for improvement the Crown Prosecution Service published a five-year strategy to look at all
The simple answer is yes. Your information can be disclosed and shared between proceedings governed by the 2013 protocol and good practice model. In Care Proceedings, there is a form Annex D that the Local Authority will
While many of these drugs were once legal, under the Psychoactive Substances Act, 2016, it is now illegal to produce, supply, or import them for human consumption, including for personal use. However, possession for personal use is not
What is Voyeurism? Voyeurism is a relatively new offence which was implemented by the Voyeurism (Offences) Act, 2019 and introduced 2 new offences. A person commits voyeurism under Section 67A (1): where they operate equipment, under another
Following the difficult times we have all suffered this year with the Covid-19 pandemic it will be easy to get caught up in the bank holiday spirit, especially as this bank holiday the bars in Leicester and