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Drug Offences - An Overview

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In efforts to prevent drug misuse legal restrictions are placed on the creation, use and distribution of highly dangerous and harmful drugs. Under legislation controlled drugs are those classified as being of either class A, B or C depending upon their...

What is a Pre-proceedings meeting?

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Are you a parent and have you received a letter from the Local Authority asking you to attend a Pre-proceedings meeting? If you have, our specialist team at Emery Johnson Astills can help you. A Pre-proceedings meeting means that the Local Authority are...

Can I see my grandchildren after a relationship has broken down?

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The law could soon change giving grandparents, aunts and uncles the opportunity to have a relationship with their grandchildren, nieces and nephews. There is parliamentary cross party support for an amendment to be made to the current Children Act (1989),...

I am buying a property, do I need a Survey?

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At a time when you are already spending a lot of money, a survey can seem like a big expense. However due to the rule of ' caveat emptor' which stands for ‘buyer beware’ and puts the onus on the buyer to discover any faults in the...

What is the role of an intermediary in court?

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The role of an intermediary was created by the Youth Justice and Criminal Evidence Act 1999 to aid in criminal cases which involved vulnerable witnesses. However, the use of intermediaries has since spread to be included in Family Court proceedings due to...

Just a little fight....Affray

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What could start out as a disagreement between two people could result in your arrest and ultimately a criminal conviction. In recent months even England Cricketer Ben Stokes has found himself charged with affray following an incident outside a Bristol...

Section 20 - What Does it Mean?

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Section 20 of the Children Act 1989 sets out that Social Services have a duty to provide children with somewhere to live either because they do not have a home or because they do not have a safe home. If Social Services have concerns regarding your...

What is an Emergency Protection Order (EPO)?

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Any person who has concerns that there is reasonable cause to believe that a child is likely to suffer significant harm if they are not removed to accommodation provided by the applicant or does not remain in the place they are being accommodated, may apply...

Duty Solicitors - a Vital Role in Criminal Justice

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In a segment on the Victoria Derbyshire show on BBC2 on Tuesday 17 April our Managing Partner and Solicitor Advocate, Helen Johnson appeared to discuss the implications of cuts and fees in criminal matters, particularly in relation to police station...

Selling your property- What is involved? What do you need to do?

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Energy Performance Certificate If you're planning on selling your home, it is a legal requirement to provide the Buyers with an Energy Performance Certificate (EPC) with a minimum rate of ‘E’. An EPC contains information about a...

Thousands of domestic violence & abuse cases halted by legal costs

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It has been reported by the BBC that the National Centre for Domestic Violence say that 6,000 victims of domestic abuse were denied free legal representation last year. Even when victims require Legal Aid to obtain Non-Molestation Orders, the applicants...

Violent Crimes on the Rise in Leicestershire?

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Violent crime is almost a third higher than nine years ago in Leicestershire. The most recent figures released show in Leicestershire that there were 18,985 violence against the person crimes reported in the year to September 2017, the latest figures, a 29%...

Electronic tagging of domestic abusers?

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Perpetrators of domestic abuse could be electronically tagged under new government proposals, in an attempt to transform the way domestic abuse is tackled within the UK. Unprecedented new civil orders will expand the potential sanctions Courts and Police...

Director of Public Prosecutions resigns

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The Director of Public Prosecutions, Ms Alison Saunders (the Lawyer who leads and is ultimately responsible for the Crown Prosecution Service (CPS)) has announced that she will not be extending her five-year term and will be resigning. This move seems to be...

Road Traffic Offences Specialists

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With offences ranging from failing to wear a seatbelt to causing death by dangerous driving it is arguable that no other area of criminal law covers such a broad spectrum of offending behaviour. At Emery Johnson Astills our specialist road traffic lawyers...

Private Adoption - Step-Parent and Cohabiting Couples

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If you are a step-parent or a cohabiting couple you may have thought about making an application for an Adoption Order. A parent must apply jointly with you to adopt the child, both adults will then become the child’s adoptive parents. An application...

Top Judge calls for sweeping changes to Divorce Laws

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  Britain’s most senior Judge, Sir James Munby has commented that marriage laws are “very badly in need of reform” and has called the current way financial settlements are dealt with as ‘Victorian’ and unfairly biased in...

In what circumstances can the police remove your child from your care?

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Under Section 46 of the Children Act 1989 , a child can be lawfully removed without the consent of the parents if the police officer reasonably believes that the child is at risk of suffering significant harm if they are not removed or kept in suitable...

John Worboys - Parole Board fail to give consideration to full allegations

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The High Court this week heard a case concerning John Worboys; that the Parole Board did not consider all allegations against him and only took in to account the allegations he admitted. Mr Worboys was sentenced in 2009 to an indefinite sentence with a...

What to expect if Social Services become involved with Family

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Social Services have a statutory obligation to safeguard and promote the welfare of all children. Families often feel anxious at the thought of Social Services becoming involved and about letting them into their homes. These worries are natural but it is...

Joint Tenants or Tenants in Common?

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Joint Tenants or Tenants in Common? As a prospective buyer, buying with another person can be an attractive option, allowing you to gather a bigger deposit and share your mortgage repayments. In England and Wales, there are two types of co-ownership and...

What does being released under investigation by the police mean?

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What does being released under investigation by the police mean? As a result of the introduction of the Policing and Crime Act 2017 the police can no longer release someone on bail for longer than 28 days, unless this has been lawfully extended. ...

Defending Domestic Violence - Proposed Changes to Legislation

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This week the Government has launched a consultation on a proposed domestic abuse bill. The bill recognises that not all domestic violence abuse is physical and therefore aims to provide a statutory definition of domestic abuse which will include physical...

Are Police taking the appropriate action in domestic abuse cases?

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The Sentencing Council is in the process of publishing new guidelines regarding punishment for those convicted of domestic violence offences. The guidelines are due to be published on 1 st  March 2018.  This should result in perpetrators of...

What is a Child Protection Conference?

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A Child Protection Conference is generally held following a referral and investigations by the Local Authority in relation to a particular child and their situation. The test for convening a Child Protection Conference is: the child is at risk of significant...

Drones: New Technology v. Old English Law

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At Emery Johnson Astills we are alert to technological innovation and the implications this has with the criminal law. Professional and amateur use of drones has increased significantly over the last few years, but it is increasingly coming under fire in...

Refuge & The Right To Vote

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This year is the centenary of the first women being granted the right to vote and 90 years since women won the equal right to vote. Women felt they should have the right to vote for many reasons, particularly because they had to pay taxes and abide by the...

How do human rights protect children and parents in care proceedings?

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A person’s human rights are protected under the Human Rights Act 1998 and the European Convention on Human Rights. The protection of a person’s human rights is paramount in all aspects of law and this is of high significance in Care Proceedings....

Help to Buy ISA : Finding your way onto the property market

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If you are a first-time buyer, putting your cash in a Help to Buy ISA is a no-brainer. You will require a minimum of £1,600.00 saved and the maximum bonus you can acquire is £3,000.00 (on £12,000 savings). You must not own and never have...

#MeToo

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The #metoo movement is one of the most high-profile issues currently in the media, a hash tag campaign against sexual violence. According to the Guardian, twitter reported that the hash tag was shared nearly one million times in 48 hours and shared more than...

What is Disclosure in a Criminal Case?

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You may have heard of a number of high profile rape and other serious cases collapsing recently due to a lack of disclosure. But what is disclosure?  As experts in Criminal Defence, Emery Johnson Astills can explain. When investigating a case...

Role of the Children's Guardian in Care Proceedings

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Social services have a statutory obligation to safeguard and promote the welfare of all children. If there are serious concerns about the safety or welfare of your child then social services may apply to the court for a care or supervision order. A Children...

Why would you not?

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The following is based on research undertaken by Scottish Widows and published in the Financial Times: In 2016 there were 107,071 divorces. 10,000 people were surveyed. More than 50% would “fight” for a fair share of the property. 36% would...

Legal representation: When Social Services are involved

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If you require legal representation in relation to Child Law matters do not hesitate to call our Care Team at Emery Johnson Astills on 0116 255 4855 or email us at  careteam@johnsonastills.com . Our team are highly experienced and can deal with a range...

Theodore Johnson - Why was he free to kill again?

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At the start of this month, Theodore Johnson (64) pleaded guilty to murdering his former partner, Ms Angela Best (51), at her home on 15 th  December 2016 by beating her with a claw hammer and throttling her with a dressing gown cord.  Mr...

Family Legal Aid for Survivors of Domestic Abuse

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From January 2018 the evidence test to qualify for Legal Aid in family cases for survivors of domestic abuse will be greatly relaxed. The government has decided to scrap the five-year time limit for certain types of evidence and broaden the types of...

Fitness to Practise and University - What you need to know?

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Studying for a degree and working hard towards a professional qualification only to find your future in jeopardy? Are you facing Disciplinary or Fitness to Practise Proceedings at university? The Criminal Defence Team at Emery Johnson Astills are...

Child Protection Plans

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Social Services have a statutory obligation to safeguard and promote the welfare of all children. If Social Services invite you to attend a Child Protection Conference it is because they have some concerns about the safety of your children. If you are asked...

Nitrous Oxide, the latest "legal high" & The Psychoactive Substances Act 2016: No Laughing Matter

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Nitrous Oxide, or laughing gas, is well known for its euphoric and pain relieving effects as it is widely used as an anaesthetic in medicine and dentistry; it is even used in catering for whipped cream canisters. However, following the Psychoactive...

Do you require legal representation at Court?

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If you require legal representation at the Youth Court, Magistrates’ Court and/or the Crown Court do not hesitate to call our Criminal Law Team at Emery Johnson Astills on 0116 255 4855 or email us at  crimeteam@johnsonastills.com . Our team are...

Did you know if you're a student and receive a criminal conviction it could affect your studies?

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Are you a student at University, studying to gain employment for your future career? If you find yourself in trouble with the police or criminal courts, you are expected to inform the University. If you receive a caution or conviction you could find yourself...

Stamp Duty Land Tax changes for First Time Buyers

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Prior to 22nd November 2017 when purchasing a Property, First Time Buyers had to pay Stamp Duty Land Tax (SDLT) on increasing portions of the Property price above £125,000.00. Following the announcement of the Autumn budget yesterday, First Time...

Proposed Domestic Violence Register

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Liz Saville Roberts, MP for Dwyfor Meirionnydd, is attempting to introduce a law to create a register of perpetrators convicted of domestic violence, with a condition that Police must warn new partners of the violent past of repeat offenders. Mrs Saville...

Parental Responsibility and Surrogacy in Same Sex Civil Partnerships

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The Human Fertilisation and Embryology Act 2008 set out who under English Law are the legal parents of a child which is born after sperm donation or artificial insemination or other fertility treatment. Where a woman is in a same sex civil partnership at...

NEWS - Tracy Leeke, Law Society Children Panel Accreditation

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Emery Johnson Astills are extremely pleased to announce that Tracy Leeke, who is a solicitor within our care department, is now an accredited member of the Law Society’s Children Panel. Tracy joined Emery Johnson Astills in...

What is an Easement?

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An Easement is a right attached to one piece of land (dominant tenement) which gives the owner of the land a right to use another person’s land (servient tenement). The owners of the dominant and servient tenements must both have estates in the land...

Proposed Changes in Animal Cruelty Sentencing

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Under government plans announced recently those who commit the most heinous animal cruelty offences could face up to 5 years in prison; a tenfold increase on the current maximum sentence of 6 months. This move comes following campaigning from animal welfare...

Failed to notify the Department of Work and Pensions of a change of circumstances?

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It is a criminal offence if you have failed to notify the Department of Work and Pensions of a change in your circumstances, whether it is financial or not. • The changes you should notify are; obtaining employment, (also to include if your hours or...

Alice Ruggles: One Year On...

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Alice Ruggles is a name that many are now familiar with, having been murdered just over a year ago by her ex-boyfriend, Trimaan Dhillon. After the breakdown of Alice’s relationship her ex-boyfriend hacked into her Facebook and emails and proceeded to...

WHEN IS A CONSPIRACY THE WRONG CONSPIRACY?

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Helen Johnson Solicitor Advocate at Emery Johnson Astills When the prosecution decide to charge an offence of conspiracy they have to prove that there was an agreement to commit a criminal offence, eg to supply drugs. Evidence of that agreement can be...

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