The age of criminal responsibility
Can a 10 year old get a criminal record? Yes, in England and Wales the current age of criminal responsibility is 10 years old. This means that a 10 year old can be investigated by the police,
Firm News
‘Tis the Season to be Jolly – Unless you are caught Drink Driving
As the Christmas season approaches and work comes to an end for the year, the drinks begin to flow and celebrations commence. We could not think of a better way to celebrate the Festive Period than with
Will Aid update
This year Johnson Astills teamed up with Will Aid to help support their fundraising campaign which involves nine of the UK’s leading charities. These include Action Aid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the
Brexit and its victims
What Brexit means for victims and survivors of domestic abuse. It’s the talk of the town. Brexit. Boris Johnson’s deal still hangs in limbo. A general election on the horizon and new deadline of 31st January 2020.
Is kinship care in crisis?
The Grandparents Plus charity recently carried out a survey of kindship carers in England and noted that the current situation is in a state of crisis: For the full report – ‘State of the Nation Survey Report’-
Assessments used by Local Authorities when involved with families
There are lots of different types of assessments that can be completed when Social Services become involved in your life. Here are examples of some of the assessments you may be asked to undertake. Every child who
Think Green and the “Bras not Bombs” Initiative
Johnson Astills has recently developed an In-house Green and Sustainability Committee which has been aptly named ‘Think Green’ to improve the firm’s working practices and the employees’ approaches and attitudes towards sustainability in their everyday life. Johnson
Release under Investigation a Review to be made
When arrested by Police, there are various different outcomes, one of which is to release under investigation pending further enquiries which need to be conducted, this outcome is used instead of releasing on police bail. However, unlike
Children in Need
One in 50 children in the UK are classed as ‘Children in Need’ before they are even born. A study of Government figures show that more than 7,000 of such vulnerable children have been put in the
Advance Decisions
An advance decision is a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose the capacity to make these decisions. It is important to note you
Police Bail: An overview
At Johnson Astills our criminal team regularly represent clients at the police station stage and before the Magistrates’ and Crown Courts to deal with the issue of bail. Can you be bailed from the police station without
Drivers using mobile phones – loophole set to close
The loophole that allows drivers who use mobile phones to escape prosecution is set to close. In September we did an article and video following the High Court’s decision to overturn the conviction of an individual who used his
Joint Tenants or Tenants in Common? What do they mean?
If you are intending on purchasing a property with another person, you will need to consider how you both would like to hold the property. The type of ownership affects what you can do with the property
What is a Pre-Proceedings Meeting and Must I Attend?
Yes, it is extremely important that you attend a Pre-Proceedings Meeting and that you seek legal advice. What is the Public Law Outline? The Public Law Outline set out the duties that Local Authorities must perform before
What should I expect if my child is subject to a CP Medical?
A Child Protection Medical is also known as a CP Medical, a Section 47 Medical or a Paediatric Medical Assessment. The Local Authority may request that a CP Medical is completed where there is suspicion or disclosure
What happens if I have been accused of shaking my baby?
Shaken Baby Syndrome or Abusive Head Trauma refers to the diagnosis given to a baby or infant where it is believed by medical professionals that their injuries are consistent with being violently shaken. Studies have found that
Special Guardianship Orders and Supervision Orders
A national study was conducted in relation to Special Guardianship Orders and Supervision Orders. Special Guardianship Orders often involve family members stepping in to look after children who cannot live with their birth parents and these Orders
Do I have a right to Legal Advice prior to providing a specimen when suspected of drink driving?
Can I speak to a solicitor prior to providing a specimen? Failing to provide a specimen of breath, urine or blood without reasonable excuse is a criminal offence. Often, a person may have a reasonable excuse for
He loves me, he loves me not…
He loves me, he loves me not… (A modern fairytale, or is it?) * N.B. The characters described in this story are fictitious. Sally* and David* met online, after David had sent her a friend request on
What happens if I am arrested?
Whether you are arrested for a driving offence, shoplifting or murder the process of making an arrest and detention is the same. If you have never been in trouble with the Police before, you are unlikely to
I have been accused of lying about my child’s illness – what does this mean?
FII stands for “Fabricated or Induced Illness” and it occurs where a parent or carer of a child exaggerates or causes a child to present with symptoms of an illness. FII is considered as a rare form
Court Bail: An Overview & Bail Conditions
At Emery Johnson Astills our highly skilled and experienced criminal defence advocates regularly represent clients before the Magistrates’ and Crown Courts to deal with the issue of bail. Can you be bailed by the Magistrates’ Court? If
We are participating in Will Aid
Did you know that since 1988, the legal profession has raised over £20 million for Will Aid charities! Johnson Astills have teamed up with Will Aid this year to help support their fundraising campaign which involves nine
Are the laws on using a mobile phone whilst driving changing?
Following a successful appeal against a conviction of using a mobile phone whilst driving the law around driving and mobile phones has been criticised by two High Court Judges. At the hearing the High Court judges agreed
Emery Johnson Astills has been busy!
Leicester Pride 2019 Emery Johnson Astills had a successful day at Leicester Pride on Saturday 31st August 2019. The event is Leicester’s annual Lesbian, Gay, Bisexual and Transgender (LGBT) festival and takes place at Victoria Park which
Tenancy Deposit Protection
If you are a Landlord renting a residential property under an assured shorthold tenancy that started after 6 April 2007, you are required to put the Tenant’s deposit in a government backed tenancy deposit scheme. The deposit
Should I make a Lasting Power of Attorney?
At Johnson Astills, our Wills and Probate Department can take the stress away and can assist with drafting and registering your LPAs. A Lasting Power of Attorney (LPA) is a legal document that lets the donor (you)
Should the Special Guardianship Order be Reformed?
Background of the Special Guardianship Order (SGO): The purpose of an SGO is to give one or more individuals parental responsibility (PR) and to exercise this ‘to the exclusion of all others’. A Special Guardian can exercise
Social Services are involved with my family – when should I seek legal advice?
If social services are involved with your family, it is natural to feel overwhelmed. The Local Authority may become involved after receiving a referral from agencies such as education, health, or the police. The most important step
The Official Solicitor in Family Proceedings – who are they and what is their role?
The Official Solicitor’s full job title is the Official Solicitor to Senior Courts. If someone lacks capacity within the meaning of Mental Capacity Act 2005 to conduct proceedings that person will require a litigation friend in those
What are reporting restrictions and do they apply to social media?
What are “reporting restrictions”? In certain cases the court issues “reporting restrictions” preventing anything being published that would lead to the identification of a witness in the case. This could mean that you can’t identify the person
ID documentation required in a Conveyancing transaction
Why do I need to provide so many ID documents to my Solicitor in a Conveyancing transaction? The risk of fraud in the legal market has significantly increased and become an attractive target for fraudsters, particularly in
Will I need to go to Court to sort out finances in divorce?
There is a common perception that when a couple get divorced, their finances are automatically settled. Unfortunately this is not the case as finances are considered as a completely separate entity to the divorce. This means that
Children Act 1989 – 30 Years On……
The Children Act 1989 was granted Royal Assent on 16th November 1989 and came into force on 14th October 1991. It made radical changes to the law relating to children and their families both in relation to
What is Threshold Criteria in Case Proceedings?
The Threshold Criteria are the facts that the Local Authority must prove if they want the Court to make a Care or Supervision Order. The Threshold Criteria is found under Section 31 of the Children Act 1989.
What is IHT?
What is IHT? IHT is the abbreviated term used for Inheritance Tax. This is a tax on the estate of someone who has died. There is usually no tax to pay if the net value of the
My social worker has asked me to engage with Functional Family Therapy (FFT) – what is this?
When the Local Authority has concerns about the welfare of a child in a person’s care, they may complete various assessments to establish what support the family may need. Early Help and Multi-Systemic Therapy (MST) are both
My child has been made a Ward of Court – what does this mean?
Under the power of Wardship, the High Court can become a legal guardian for a child. This is only used when it has become necessary to protect and safeguard a child’s welfare. What is Wardship? Wardship is
Is there a need for an inquiry into abusive parents’ access to children?
Dozens of parents have told the BBC Victoria Derbyshire programme their abusive ex-partners were granted unsupervised contact with their child. When parents separate and they are unable to agree arrangements for their children, they may find themselves
Mental Health Awareness Week
Mental health is not talked about enough. Statistics show that mental health issues are much more common that you would think. 1 in 4 people will experience a mental health problem each year 1 in 6 people experience
Is it time to redeem your Help to Buy Equity Scheme Loan?
In 2013, the Government created the Help to Buy Equity Loan scheme to assist first time buyers and homeowners buy a property. Under the scheme, the Government lends up to 20% of the cost of your newly
Will my Children be placed together in Foster Care?
If you and your children are going through Care Proceedings and it has been agreed that a Sibling Attachment Assessment is required, here’s what to expect… Sibling relationships are emotionally powerful and critically important not only in
Isabel Wilson wins Senior Solicitor of the Year at LLS Awards
Isabel Wilson, a Partner and highly experienced Solicitor-Advocate in the criminal team at Emery Johnson Astills, has been awarded Senior Solicitor of the Year by the Leicestershire Law Society. The awards which took place at Athena on
I was only shoved around a bit and shouted at. That can’t be domestic abuse, can it?
All too often, particularly if it occurs over a long period of time, victims of domestic abuse seek advice from us, not really realising the extent of the abuse. They become desensitised. Many of our clients, on
Social Services have suggested that I have neglected my children – what does this mean?
One of the first images that pops into a person’s mind when they hear that someone has social services involvement with their children is that of children who are severely neglected. The NSPCC website defines neglect as
Why are rape victims being told their case may be dropped?
Rape victims are among those who will be asked to hand their smart phones over to the police or risk the prosecution against the suspect being dropped. Why have rape cases been collapsing? This new measure follows
Bank Holiday Drinking? Reminder to Drivers….
It is easy to get caught up in the bank holiday spirit, but, did you know that you may possibly still be over the drink drive limit the following day? Offences we deal with include being in
Detectors for using a mobile phone whilst driving
Forces are rolling out technology that show when motorists are using their phones. A sign will flash at the driver telling them to stop using their mobile – but the detectors cannot tell if it is a
Failed to provide a breath specimen – What happens next?
If you are suspected of driving with excess alcohol in your body, you may be asked to provide a breath sample at the roadside. You will be arrested and take to the police station if that sample
What is Private FDR or a Private Financial Dispute Resolution Hearing?
A Financial Dispute Resolution, also known as a FDR is a court hearing in relation to financial proceedings. Attendance at a Court FDR is compulsory. The hearing is listed for parties in financial matters to obtain advice
