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
Our Blog
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
Divorce- Reforms to end the “blame game”
In the last year, in England and Wales, some 118,000 people commenced divorce proceedings. Currently divorce laws mean spouses have to provide evidence for a divorce if one partner does not agree to it. Under current laws,
Can an Interim Care Order last beyond a child’s 17th birthday?
Our Care team at Johnson Astills can assist on a range of Child Law related matters. Whether that is representation at case conferences and/or at Court. We have specialist solicitors who can assist you. In relation to
What is Exceptional Hardship?
Are you at risk from being disqualified from driving? Can you argue Exceptional Hardship? View our video presented by Michelle Harding, Partner and Solicitor Advocate in our Criminal department. For advice and assistance please contact one
Female Genital Mutilation, what’s changed?
In 2019, the press published the shocking story of a mother who became the first person to be convicted of performing Female Genital Mutilation (FGM) in England and Wales. The mother was sentenced to 11 years in
I’m moving in with my partner. Do I need a cohabitation agreement?
Couples who live together without marrying do not have any legal rights if they separate. Without the benefit of an agreement, one of them could be left with nothing on separation. The fastest growing type of family
What is a Knife Crime Prevention Order?
In order to enhance police powers the Government is seeking an amendment to the Offensive Weapons Bill to introduce Knife Crime Prevention Orders. What is a Knife Crime Prevention Order? It is proposed that anyone aged 12
Energy Performance Certificate (EPC)
What is an EPC and do I need one? An Energy Performance Certificate (EPC) provides information on the efficiency of a property. It also lists recommendations and suggestions on how to improve the efficiency of a property
The Importance of a Solicitor in Divorce Proceedings
Is it important to have a solicitor when starting divorce proceedings? If the unimaginable happens and a married couple decide to go their separate ways, they are left with the decision of whether or not to instruct
Have you been referred to MST?
MST stands for Multisystemic Therapy. Multisystemic Therapy is an intensive family and community based intervention for children and young people aged 11-17. MST work with the families of young people who are at risk of being placed
How can I prove that I have stopped using drugs and alcohol in Care Proceedings? Considering the FDAC approach as an alternative to the traditional routes.
Many parents who are involved in Care Proceedings before the Family Court may feel immense pressure in trying to abstain from drugs or alcohol and proving this within the restrictive time limit of the 26 week timetable
