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Drugs offences are a complex area of Law simply due to the ever changing nature of new drugs.  Recently we have seen an increased use of drugs classed as legal highs and thus the regulation of these drugs is reviewed frequently.

Possession of Drugs:

It is unlawful to be found in possession of illicit drugs. The Law classifies illicit drugs into the following 3 main categories:

  • Class A drugs – including ecstasy, heroin and cocaine
  • Class B drugs – including amphetamines and cannabis
  • Class C drugs – including anabolic steroids and tranquillisers

The punishment for possessing these illicit drugs varies broadly based upon the quantity, classification of drug and the reason for possession.

Possession of Drugs with the intention to supply :

The law also recognises a more serious offence of Possession with intent to supply drugs. This offence is made out if the Prosecution can evidence not only that you were in possession of an illicit drug but also that you intended to supply that drug to another. There is therefore an additional element of the accused intention. The Prosecution and Police will quite often seek to secure evidence of an accused intentions by securing mobile phone data, evidence of drug paraphernalia used in measuring drug quantities and equipment used for packaging such drugs.

Possession with intent to supply drugs is a serious allegation and if accused of this offence again the penalties can be severe. This offence is treated far more seriously due to the impact of supplying drugs upon the community and the health implications for those that the drugs are supplied to. The supply of Drugs is also considered to have a direct link with other offending such as theft, prostitution, and violent offences and so if you are accused of Possession of drugs with intent to supply it is of utmost importance that you seek expert legal advice from a legal team who is well versed in analysing complex data and evidence. Should you require further advice on Possession with intent to supply drugs contact MDA Solicitors immediately. We are your expert drugs solicitors.

Other drug offences include the following:

  • Supplying another with a controlled drug
  • Offering to supply another with a controlled drug
  • The production, cultivation or manufacture of controlled drugs
  • The import or export of controlled drugs
  • Allowing premises you own, occupy or manage to be used for the consumption of certain controlled drugs, or supply or production of any controlled drug

For further advice on drug offences contact MDA Solicitors who will help guide you through the ever changing and complex are of law.

Driving without Insurance:

Our specialist driving offence solicitors can assist you with the offence of “driving without insurance”. For immediate help and assistance, please contact us now and enquire about our competitive fees.

Driving without insurance is an offence where the burden falls upon the driver to show that he or she did have a policy of insurance that would have covered him or her to drive that motor vehicle at that time of the alleged offence.

The penalty for driving without insurance is normally points on a driving licence and a minimum of six penalty points (unless special reasons exist) with a fine. The fine for driving without insurance is dependant upon the driver’s disposable income.

If you are caught driving without insurance you are likely to have your car impounded and you will need to pay a release fee and show insurance before it is released.

Drink Driving:

If you have been accused of drink driving, you should contact an expert criminal solicitor as soon as possible. Drink driving law is complicated, so the advice of an expert is essential. Consulting a specialist solicitor at Masih Devitt & Associates can make the difference between receiving a fine, disqualification, penalty points or a prison sentence.

A conviction for drink driving can have serious consequences upon your employment and home life as it involves mandatory disqualification from driving in England and Wales.

The legal limit of alcohol in 100 millilitres of breath is 35 micrograms. However, it is often difficult to equate these measurements to actual units of alcohol consumed by an individual. The main reason being that each person has a different body mass and factors such as the speed of your metabolism can affect how quick or slow alcohol is digested by your body.

The penalties for drink driving depend on the severity of the offence, but there will always be a disqualification unless there are special reasons surrounding the offence. The length of the disqualification will be affected by the level of the reading and extent of impairment. The punishments for this offence range from a fine to imprisonment.

What are special reasons in a drink driving conviction?

Drink driving is classified as an ‘offence carrying mandatory disqualification’. However, the court can use its discretion in sentencing, using penalty points or a term of disqualification if ‘special reasons’ are apparent.

These reasons include:

  1. Only driving a very short distance
  2. Not knowing your drink was spiked
  3. Some emergency situations

If you need advice on whether you have a defence then you need to contact our driving offence experts at Masih Devitt & Associates.

Dangerous Driving & Careless Driving

Dangerous driving is where the standard of driving falls so far below the standard expected of a motorist that a normal person would consider it to be dangerous. A less serious offence may be driving without due care and attention sometimes referred to as Careless driving.

If a death arises as a consequence of the driving, the Crown Prosecution Service may proceed with more serious charges of causing death by dangerous driving or causing death by driving without due care and attention.

If you are convicted of Dangerous driving you could face a prison sentence and disqualification from driving for a minimum of twelve months with the requirement to undertake an extended re-test, so it is imperative that you seek advice at the earliest opportunity. Masih Devitt & Associates are you Dangerous Driving Solicitors.

Speeding:

Masih Devitt & Associates can advise you 24 hours, 7 days a week and provide legal representation for speeding offences. We have specialist expertise in this area and aim to secure the best possible outcomes for our clients.

A Speeding offence occurs when you are alleged to have driven above the limit enforced on a certain road.

Speed awareness courses can be offered in lieu of penalty points and fines dependant upon how much over the speed limit you were driving. If however you accrue a number of penalty points as a result of previous driving offences then the Court can disqualify you from driving for “totting up”. This means that you may have accrued 9 or more penalty points on your driving license. We strongly recommend you consult a specialist solicitor at the earliest opportunity. If you have already been on a speed awareness course it is unlikely that you will be offered another one. Masih Devitt & Associates are your speeding offence solicitors.

The Road Traffic Act creates numerous driving offences. If you require further consultation or advice on offences which we have not mentioned please contact us to arrange an appointment. Masih Devitt & Associates have a specialist motoring offence team which can provide you with the right advice.

We are your local Sexual Offence Solicitors. Have you been accused of a Sexual offence or misconduct? Need urgent help? MDA Criminal Defence Solicitors are available now. Call us immediately on 01604 271600.

Sexual offences cover a range of serious sex crimes, including sexual assault or rape, exploiting others for sexual purposes, and child sexual abuse or grooming. These sexual offences can occur between strangers, current or ex-partners, friends or even family members. There is no time limitation on making an allegation against someone for these kind of offences and that is why there have recently been an increasing number of historical sex crime allegations against individuals.

Being Accused of a sexual offence can have a devastating affect not only upon your liberty but it can also have a negative impact upon your relationships, family ties, reputation, and employment prospects.

That is why it is of utmost importance that you have a strong team of expert defence solicitors by your side. Our team of Sexual offence solicitors have a depth of experience in successfully defending Allegations of this nature.

What are the main types of Sexual offences?

Rape: The Sexual Offences Act 2003 describes this offence as having been committed where:

  • A person (A) commits an offence if—
    • he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
    • B does not consent to the penetration, and
    • A does not reasonably believe that B consents.

Quite often enough there are issues surrounding what is considered to have been consent. There are also social taboos surrounding Rape within relationships. That is why it is important to obtain expert legal advice if faced with an allegation of Rape.

Sexual Assault:

Sexual assault is where one person intentionally touches another person sexually without their consent. The touching can be done with any part of the body or with an object.

There are several potential defences to sexual assault and so it is important you get expert legal advice from a solicitor. However, the two most common are false/ malicious allegations and arguments regarding consent

Sexual Grooming:

Sexual grooming is a preparatory process whereby trust is gained for a sexually abusive motive. The victims are often children or teenagers but can also be a vulnerable adults.

Possession/ Making Indecent images:

 Under Section 1 of the Protection of Children Act 1978, it is an offence to possess indecent photographs of children. Making of these images includes downloading images from another source.

Sexual Exploitation:

Sexual exploitation of both adults and children includes subjection to pornography, prostitution, rape, or witnessing sexual acts.

Historic Sexual offences:

Historical sexual allegations are claims that a sex crime, such as sexual assault, rape or child abuse, took place some time ago.

The most serious offences against the person usually stem from death of the victim. These are classed as Homicide offences. The 3 main homicide offences are Murder, Voluntary and involuntary Manslaughter. In addition to the 3 main offences there are also offences of Death by dangerous driving, corporate manslaughter and Death by infanticide. Due to the gravity of these offences and the loss of life resulting from the offences those that are accused of such offences face the most severest of punishment in law. Not only is there a risk of life imprisonment but also risk of there being life changing consequences if you are found guilty of these offences.

Should you find yourself accused of Murder you should seek expert legal advice immediately. It is important that you have the assistance of a good solicitor from the initial point of police arrest and questioning. The Police and Prosecution have access to an increased array of resources in investigating and prosecuting cases involving a fatality and therefore it is even more reason that the accused should have access to a solicitor with experience of dealing with these cases. At MDA Solicitors we have the expertise to ensure that your defence case is not only prepared in the best possible way but also that we have the resources to fight your case fearlessly without restriction.  We are your expert Homicide Solicitors.

Murder:

Murder is a common law criminal offence which involves the intentional killing of another with malicious premeditation. The accused must be found to be of sound mind and not acting in self defence. Due to the gravity of this offence all Murder cases must be heard at the Crown Court. The Magistrates Court have no jurisdiction to deal with these cases. If you are found guilty of Murder you risk a mandatory term of life imprisonment. That is why it is of utmost importance that you seek immediate legal advice if you find yourself accused. MDA solicitors are your expert Murder solicitors.

Manslaughter:

An accusation of Murder can be reduced to the lesser offence of Manslaughter if your team of Solicitors successfully show that your mental capability and capacity was diminished at the time of committing the murder.

It is the accused’s mental state of mind at the time of committing the offence which sets apart Murder from Manslaughter.

Manslaughter therefore can be defined as the unlawful killing of another without malicious premeditation for example without the intention to kill or cause serious harm.

By the serious nature of these offences the investigations into the case can become very complexed due to reliance upon forensic examination and various expert and medical reports. At MDA Solicitors we have a wealth of experience in cross examining the extensive sometimes complicated evidence disclosed, whether it be expert reports or other analytical evidence. Need urgent help? MDA Criminal Defence Solicitors are available now. Call us immediately on 01604 271600.

Grievous Bodily Harm (GBH):

GBH is an assault offence which is classified as the most serious in terms of injury caused to the victim. GBH is defined in s. 18 and s20 of the Offences Against the Person Act 1861. A GBH is committed when there is an assault upon another which causes the other serious injury. The injury caused can take the form of physical, biological or psychological injury.

The Law further differentiates between two different types of GBH. S.18 of the Act creates the more serious GBH which involves an Assault which inflicts Grievous Bodily Harm with the intention of causing Grievous bodily harm, ie the offender intended to cause serious injury to the victim.

S.20 of the same Act creates the lesser offence of GBH which is described as an Assault which inflicts or causes Grievous bodily harm but where there was no intention to cause Grievous Bodily harm, ie where the offender committed the assault but did not intend to cause serious injury.

Both GBH offences are treated very seriously by the Courts and this is reflected in the punishments for each offence. For the more serious GBH with intent the Court can sentence an accused to life imprisonment. For the GBH without intent the Court has power to sentence for up to 5 years imprisonment.

If you have been accused of GBH it is of utmost importance that you seek expert legal advice. MDA solicitors have a wealth of experience in defending allegations of GBH and should you require further advice on this offence then we are your expert GBH Solicitors . MDA Criminal Defence Solicitors are available now to offer detailed advice on GBH offences. Call us immediately on 01604 271600

Assault occasioning Actual Bodily Harm ( ABH) :

An offence of ABH is created by S.47 of the Offences Against the Person Act 1861. The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent but must be more than transient and trifling.

There is some ambiguity and it is arguable as to what can be classified as harm. Actual bodily harm does not necessarily have to amount to an injury it can also be defines as hurt or damage to the body. There is also case law to suggest psychological harm could amount to actual bodily harm.

If you are accused of ABH it is necessary to equip yourself with expert advice from MDA Solicitors. We are here to help you navigate through the sometimes ambiguous areas of law. We are you expert ABH Solicitors.

Common Assault:

With extensive specialist expertise defending clients in relation to these types of serious criminal offences, we can effectively guide you through all stages of criminal proceedings. We recognise that facing these types of charges can be confusing and traumatic, and so we aim to provide clear advice and sympathetic support, while giving you the strongest chance of a positive outcome.

Common assault is an offence in English law. It is committed by a person who uses unlawful force upon another without their consent. Common Assault can be sub Categorised into two different types of offences which are described as Common Assault and secondly Common Assault by Battery.

Common Assault is any act by which a person intentionally or recklessly causes another to apprehend immediate unlawful violence by threatening immediate use of force. Such an act must be with the intent in the mind of the offender to cause apprehension or fear in the mind of the victim.  The offence can also be committed without intent where the person was indeed reckless as to whether the other person would in all probability have indeed apprehended that immediate unlawful violence would be used. For this type of Assault, no physical contact need be present. The mere act of causing apprehension of violence in the victims mind is sufficient.

Common Assault by Battery is whereby an offender uses unlawful force rather than threaten use of force upon another. This offence can also be committed intentionally or recklessly. The use of the word battery differentiates this offence from the former by the existence of physical contact.

Common assault and battery are summary offences, which means that the matters may only be tried in a Magistrates Court, and if found guilty have a maximum penalty not exceeding six months imprisonment or a fine not exceeding £5,000.00. If you find yourself accused of Common Assault you should contact MDA Solicitors who will be able to provide you with expert advise on sometimes difficult area of law. An assault can occur very easily and sometimes the slightest contact or force on someone can result in an accusation of assault and lead to a criminal conviction and the risk of losing your liberty. MDA Solicitors are your expert common assault solicitors.

Offences committed against property can be described as offences of Criminal Damage. The legislation covering the vast variety of damage offences is the Criminal Damage Act 1971 and the Malicious Damage Act 1861.

Criminal Damage or vandalism

The 3 main elements of this offence are as follows:

  1. The intentional or reckless causing of damage to property.
  2. That the property belonged to another person or entity.
  3. That there was no consent to cause the damage from the owner.

It is interesting to note that the law does not define what the damage must be. It certainly clear that the damage need not be permanent. For example simply defacing property temporarily can also be classified as criminal damage or vandalism. For this very reason urinating or spitting on property could also be seen as causing damage despite there being no permanent damage caused. A diminution in value of property is sufficient to be classified as damage

If the Prosecution do not have evidence of any of the elements mentioned above then your defence Solicitor should be able to argue that Criminal Damage caused is not unlawful.

Aggravated Criminal Damage

Aggravated criminal damage is where property has been destroyed or damaged with the aggravating factor being that life is endangered by the destruction or damage to the property. For example the cutting of electricity cables leaving live wires exposed or the damaging safety equipment. S.1(2) Criminal Damage Act 1971 provides that a person is guilty of an offence if without lawful excuse, they destroy or damage property, belonging to them self or another, with intent or being reckless as to destroying or damaging property and with intent or being reckless as to endangering life.

Criminal Damage by Arson

Where the destruction or damage to property under either s.1(1) or S.1(2) Criminal Damage Act 1971 arises through fire, the defendant will also be liable under s.1(3) of criminal damage by arson. There are 2 subcategories of this offence including Arson where there is no intention to endanger life and secondly Arson with intent to endanger life.

It should be noted that the punishments for offence of damage vary considerable depending on factors such as value of the damage and most certainly by the element of endangerment to life. It is important that if you are accused of any vandalism or criminal damage offences that you seek expert legal advice from our team of dedicated lawyers. MDA solicitors are your expert Criminal Damage Solicitors.

Legislation created under the Public Order Offences Act 1986 provides a varied spectrum of offences ranging from simple Drunk and Disorderly behaviour to the more serious offence of Rioting. At Masih Devitt Solicitors we will act for you in your time of need taking our fearless and expert approach. Whether you need us to represent you at the Police Station or in Court we will provide you with clear and easy to understand advice. Below we list some of the more common public order offences that we can assist you with should the need arise.

Drunk and Disorderly:

This is defined as being drunk in a public place and using threatening, abusive or insulting words or behaviour. As the offence does not usually require an element of violence, it is generally considered minor and can be determined by the police at their own discretion. If faced with this offence in Court however the penalty can be a maximum fine of £1000.

S.5 Public Order offence

This is an offence whereby an individual causes Harassment, alarm or distress.

A person is guilty of an offence if he is shown to carry out the following:

(a)uses threatening or abusive words or behaviour, or disorderly behaviour, or

(b)displays any writing, sign or other visible representation which is threatening or abusive,

within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.

If Convicted this offence carries a penalty of a fine of up to £1000

An expert Criminal Solicitor can successfully defend such accusations if they can show that:

(a)the accused had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or

(b)the accused was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or

(c)the accused’s conduct was reasonable.

s.4 Public Order offence

Section 4 of the Public Order Act 1986 establishes an offence of causing fear of provocation of violence by use of threatening words or behaviour. The offence is slightly different to the offence under s4A which is intentional harassment, alarm or distress.

The offence of using threatening Words or behaviour and causing a fear of provocation of violence under s4 of the Public Order Act 1986 contains a number of ‘elements’ that the prosecution must prove in order to gain in a conviction. The Prosecution must show:

(a)That a person used towards another person threatening, abusive or insulting words or behaviour Or that a person distributes or displays to another person any writing, sign or other visible representation which is threatening abusive or insulting.
(b) That the person had intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another

This offence may be committed in both a private place and a public place BUT the law specifically states that the offence cannot be committed where both the defendant and the person threatened are in a dwelling house.

If you are successfully convicted of this offence the Court has the power to sentence you to a term of imprisonment of up to 6 months. As can be seen above, an allegation of a s4 public order Act 1986 offence can be factually and legally complex with far reaching consequences on your liberty. There are many defences that can be utilised and it is imperative that if someone is charged with this offence they receive specialist representation. It is important the if you are accused of this type of offending that you contact Masih Devitt Solicitors for expert legal advice. We are you Public Order offence Solicitors.

S.3 Public Order Offence – Affray

Affray is a much more serious offence than the previous public order offences and can be dealt with either in the Magistrates or Crown Court depending on the aggravating factors of the offending behaviour. It carries a maximum sentence of 3 years imprisonment and an unlimited fine.

Affray is defined as using or threatening unlawful violence towards another of such severity that a person of reasonable firmness would fear for their personal safety. An example of such an offence includes two people fighting in a public or private place.

Sentences can be reduced if a timely plea is entered and a variety of defences, including self-defence, can be used to defend the charge. If you are accused of Affray it is important that you contact Masih Devitt Solicitors who will ensure that we act on your behalf at the earliest stage to obtain the best possible outcome. Masih Devitt Solicitors are you expert Affray Solicitors.

S.2 Public Order offence – Violent Disorder

Violent Disorder is committed where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them together is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.

The law on Violent disorder is not however simple. It should be noted:

(a) that It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.

(b) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

( c) Violent disorder may be committed in private as well as in public places.

A person guilty of violent disorder is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

If you are accused of Violent Disorder it is important that you are provided with expert advice that is simple and clear. Masih Devitt Solicitors are your expert Violent Disorder Solicitors.

S.1 Public Order offence – Riot

Penalty: Maximum sentence of 10 years imprisonment and an unlimited fine.

A riot is defined as 12 or more people in a group who together use or threaten to use violence for a common purpose and in a way that could lead others to feel that their own personal safety is a risk.

Due to the serious nature of this offence, the penalty is particularly severe and, as a result, it is vital that you seek legal advice before taking any further steps. At Masih Devitt & Associates, we offer clear legal advice on the best course of action to take and will act for you either at the police station or in Court.

Dishonesty offences encompass a range of different types of offences all of which have one common factor and that is a dishonest intention. The most common dishonesty offences include Theft, Burglary and Robbery. We have a team of expert lawyers who are fully equipped with the knowledge and expertise to advise you on these offences and the defences which may often be overlooked at early stages of any investigation. We are your local Robbery, Theft and Burglary Solicitors. Need urgent help? MDA Criminal Defence Solicitors are available now. Call us immediately on 01604 271600

Theft:

Theft is described as the dishonest taking of property belonging to another intending to permanently deprive the other of that property. The offence of theft can come in various different forms including theft from a person, identity theft, shoplifting theft, theft from an employer or theft by finding. For further advice on Theft offences contact our team of Theft offence solicitors.

Burglary:

Burglary is commonly described as gaining unlawful entry into a property by trespassing with the intention to commit a theft, inflicting Grievous bodily harm or causing criminal damage to the property or anything contained therein.

The offence can also be committed by entering as a trespasser and carrying out the act of theft, Grievous bodily harm or Criminal Damage within the property.

Burglary is treated as a serious offence especially due to the level of intrusion into victims private space whether it be commercial premises or residence. It is therefore of utmost importance that you instruct a team of lawyers who have the experience in forensically examining the strength of evidence in such cases whether it be DNA evidence, cctv evidence or simply eye witness testimony. We are your expert Burglary Solicitors. Contact MDA Solicitors should you require further advice on Burglary offences.

Robbery:

According to the Theft Act 1968 Robbery is classified as committing a theft whilst using force upon the victim or whilst threatening use of force on the victim. In order to be prosecuted for an allegation of Robbery there must be a nexus between the theft and the use or threat of force. The force can include any threat or use of violence used in conjunction with the theft. Robbery can be sub categorised into street robberies, bank robberies or armed Robbery which includes a further element of using a weapon whilst committing a robbery.

Robbery is classed as a serious offence and carries a maximum penalty of life imprisonment. For adults facing an allegation of Robbery the offence is classed as Indictable only meaning it can only be dealt with by the Crown Court.

If you are accused of Robbery it may have serious ramifications and you must seek expert legal advice. Robbery carries with it severe penalties so expert advice is a must. If you require further advice on Robbery contact MDA Solicitors, we are your expert Robbery Solicitors.

The punishment for fraud offences can be severe and the consequences of a guilty verdict may be life-changing. In order to begin working towards the best possible outcome in your case, it is crucial to secure the services of expert lawyers with experience handling these types of offences. Fraud is not only a serious crime but one which can often lead to complex and long investigations.

At Masih Devitt & Associates we have the knowledge and expertise not only to build a strong defence case on your behalf but to guide you and your loved ones through the proceedings that lie ahead, working closely alongside you at every step. Do not delay in contacting us by calling 01604 271600.

The Fraud Act 2006 came into effect in England and Wales in January 2007, and replaced certain sections of the Theft Act 1968 and Theft Act 1978.

Under the guidelines of the Fraud Act, it is understood that in many cases an act of fraud also constitutes the separate offence of theft. The minimum sentence for theft is lower.

Certain offences of fraud are covered by the original Theft Act, such as false accounting, false statements by company directors and making off without payment. Others come under different acts altogether, such as the Computer Misuse Act, the Forgery and Counterfeiting Act, the Identity Cards Act, the Proceeds of Crime Act or the Financial Services and Markets Act.

Prosecutors must decide which specific offence of those covered under the Fraud Act has been committed depending on the nature of the crime.

There are three main types of fraud that can be committed under the Fraud Act:

(a)Fraud by false representation. The representation can be either express or implied, and if it is untrue or misleading and the person knows it is, then they are committing fraud

(b)Fraud by abuse of position. This is where someone occupies a position where they are expected to safeguard the financial interests of someone else, and they may abuse it either by an act or an omission

(c) Fraud by failure to disclose information when there is a legal duty to do so

The element of this type of Fraud Offence are as follows:

  • Evidence of dishonest conduct
  • The intention to make a gain or cause a loss (or the risk of loss) to another person
  • This gain or loss does not actually have to have been made for fraud to be committed

Fraud is an either-way offence, meaning that it may be tried either in the Crown Court or the Magistrates’ Court. If the case is referred to the Crown Court and you plead not guilty to the offence of fraud, a jury trial will take place in which the defence case will have to prove you did not commit the offence.

In the event of a guilty verdict the maximum sentence for the three types of offences under the Fraud Act, as outlined above, is 10 years’ imprisonment. Conspiracy to defraud carries the same maximum sentence.

Other offences carry shorter maximum sentences, for example obtaining services dishonestly, for which the maximum sentence is 5 years’ imprisonment.

If you are under investigation for fraud, the most important thing you can do is begin to build a solid defence case. At Masih Devitt & Associates our expert team of solicitors is available to help you take the first step towards securing your future and safeguarding your reputation.

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