Sahota & Sahota Solicitors

Sleepwalking – Is It A Defence?
You wake up one morning and the horror of the night before quickly unfolds.
Blue lights and uniformed police officers greet you, search your house and find your girlfriend dead in the bathroom.
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Government Unveils New Domestic Abuse Legislation
On Monday (21st January 2019) the Government unveiled its new strategy to tackle domestic abuse. This follows a consultation exercise carried out last year which drew over 3,000 responses.
The new measures are:
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Parental Dilemmas That Could Land You in Prison
It is a nightmare scenario that potentially any parent could face. A child returns home, late at night in an agitated state.
He hurriedly tells you that he has been in a fight, it wasn't his fault, but someone has been hurt, badly. Further details are not forthcoming, but he thinks the police will be coming to arrest him. Thinking fast, and in order to protect, you take his clothes and put them in the wash.
... Before you can even think of assembling an alibi for him, the police have kicked down the door and found your son cowering in his bedroom. He is naked, and there are no clothes in sight.
The experienced officer knows just what to do, rushing through to the kitchen and unplugging the washing machine. It will later be taken away so that the contents, including the water, can be forensically tested.
Unsurprisingly your son is arrested, but what fate awaits you?
Well, how this story ends depends on precisely what the police discover, but it is often proved that a terrified parent has acted to protect their child.
The act of putting those clothes in the washing machine or providing a false alibi amount to attempts to pervert the course of justice.
In other scenarios family or friends might provide some safe harbour for a person fleeing the police. Again, this is a serious criminal offence if done knowingly.
If convicted a prison sentence will inevitably follow, and another life will be shattered.
In some cases, there might be a viable defence, be assured that we will find one if it exists. In other cases, the task is to mitigate, to tell the story from the parental perspective. What do you think you would do in this scenario? Or more to the point what would you do if it became a reality?
We might not like to think so, but any one of us could be caught up in a nightmare like this.
All manner of people can find themselves caught up in the justice system. We don't see criminals, we see people, with their own unique set of circumstances.
How we can help?
If you want to be seen as an individual and not a case number, defendant or criminal, then get in touch with Abigail Wright on 01162 555155 so that she can discuss your options.
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Pleading guilty then not guilty; straight forward or not?
It should go without saying that no plea ought to be entered in any criminal case unless and until the case has been appropriately considered.
Regrettably, we see an increasing number of people, who have attended court alone, being pressured into entering a plea without having had the advantage of legal advice.
... It is vital in all cases that legal advice is sought as early as possible to ensure the best outcome can be secured.
Many people believe that following a guilty plea, it is a straightforward matter to change their mind and enter a not-guilty plea instead. The reality, however, is that reversing a guilty plea can often be very difficult and requires a carefully crafted legal argument to be presented to the court.
Ordinarily, a court will only set-aside a guilty plea if it can be shown that the plea is equivocal.
The relevant principles have been rehearsed in many cases, but perhaps most famously in P. Foster (Haulage) Ltd v Roberts [1978] 2 All ER 751 where the court observed:
"For a plea to be equivocal the defendant must add to the plea of guilty a qualification which, if true, may show that he is not guilty of the offence charged. An example of this type of qualification is found where a man charged with handling a stolen motor car pleads 'guilty to handling but I didn't know it was stolen'. It is not every qualification which makes a plea of guilty equivocal; for example, the burglar charged with stealing spoons, forks and a camera, who pleads 'guilty but I did not take the camera' is making an unequivocal plea to burglary."
Other factors, such as being influenced by a belief only a guilty plea would secure bail, may also result in a plea being judged as equivocal.
In a number of recent cases, a plea has been treated as equivocal where the defendant was not informed of a legal defence that was available to him, resulting in convictions being set-aside.
In Malak [2018] EWCA Crim 1693 a case where the appellant was not informed by his barrister of an available defence the court held:
"We agree with counsel's description of the oversight as rather fundamental. This was a clear case of an equivocal plea, as [the prosecution] accepts."
This is an interesting observation by the Court of Appeal as many defendants who enter pleas in the absence of legal advice would have little if any legal knowledge, it suggests that the scope for setting aside a guilty plea may well be broader than many lawyers appreciate.
In appropriate cases, we may also be able to review the advice given by former lawyers to ensure the correctness of any plea.
How we can help?
If you require legal advice concerning any prosecution, please contact us on 01162 555155 as soon as possible.
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End of The Road for Short Prison Sentences?
The big news story of the weekend was the surprising news that the Prisons Minister is considering whether to abolish the power to impose short prison sentences, those of 6 months or less.
Arguing for the need for reform, Mr Stewart told the Daily Telegraph Magazine: "You bring somebody in for three or four weeks, they lose their house, their job, their family, their reputation.
... "They come (into prison), they meet a lot of interesting characters (to put it politely) and then you whap them on to the streets again.
"The public are safer if we have a good community sentence... and it will relieve a lot of pressure on prisons."
Short sentences are seen as ineffective, allowing little if any time for rehabilitation and causing massive disruption to offender's lives, resulting in even higher rates of repeat offending.
Supporters of the shorter sentence point to the salutary effects of a 'short, sharp shock' and community respite from offending.
This is one of those debates where there is at least some evidence to support all viewpoints.
But it does beg the broader question of what prison is for. Is it to deter, punish, rehabilitate, something else, or a combination of things.
Once we work out what we seek to achieve by imprisonment, the question then to be asked is, does it work?
Take a case in point also reported this weekend - two brothers imprisoned for three months following a conviction for perverting the course of justice (trying to evade penalty points for a road traffic offence).
Did imprisonment deter them? Clearly not. Will it punish them? The answer to that is clearly yes, but if they then lose their jobs and homes, is it disproportionate? Could we have imposed an altogether different and more worthwhile punishment, such as unpaid work in the community?
The answer to these and other questions concerning penal policy have been debated for a very long time, and traditionally, political parties have avoided any debate that has a flavour of being 'soft on crime'.
So, it is refreshing to see a government minister willing to grapple with these complex issues, for the greater good.
Any change will require legislation so should not be expected for another 12 months or so, but in the meantime, it does allow advocates an opportunity to debate these issues with sentencing judges.
Maybe, just maybe, even the introduction of this debate might save some defendants from unnecessary and damaging short prison sentences. We shall certainly try.
How we can help?
If you require legal advice concerning any prosecution, please contact us on 01162 555155 as soon as possible.
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Psychoactive Substances 💊
New legislation was introduced in 2016 banning the production, sale, distribution and supply of psychoactive substances. Within that legislation was a requirement for the government to review the law to measure any changes in outcomes before and after the law was introduced, to see if its aims were being achieved. That review has just taken place.
What challenges have there been to the law?
... There have been three main challenges, concerning the medicinal products exemption for nitrous oxide, the psychoactivity of nitrous oxide and the psychoactivity of synthetic cannabinoids.
What was decided?
In each case, the Court held that the substances were subject to the provisions of the Act.
What enforcement has been taken?
There have been around 270 prosecutions under the Act, with about 170 sentences being imposed and 332 retailers have been identified as ceasing sale of psychoactive substances.
Police forces have recorded 1,481 arrests and seizures up to March 2017, so it is clear that the supply of the substances has not been eliminated.
Has the new law had any effect?
The main aim of the Act was to prevent the open sale of psychoactive substances, and this has largely been achieved. There has been a fall in the use of the substances and therefore a reduction in health-related harm.
There has been an increase in the supply by street dealers, an increased use in some prison populations and amongst the homeless and there is a continued development of new substances in an aim to avoid the legislation.
What are the penalties?
The maximum penalty for producing, supplying, possessing with intent to supply or importing psychoactive substance is seven years. The maximum penalty for possession of a psychoactive substance in a custodial setting is two years.
The Act also introduced a scale of civil sanctions: prohibition notices, premises notices, prohibition orders and premises orders, with breach of the two orders being a criminal offence.
How can we help?
Various substances are banned under the Psychoactive Substances Act 2016; some are now controlled under the Misuse of Drugs Act 1971.
Stronger penalties are available under the Misuse of Drugs Act, so it is essential to ensure that the correct legislation is being applied.
We are experts in this area and can provide you with tailored advice. If you would like to discuss any aspect of your case, please contact any of the Crime Team on 01162 555155.
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💯 or not?
Unauthorised use of a registered trademark is a criminal offence, so selling fake goods at a car boot sale or on internet selling sites can get you into serious trouble.
Few people appreciate the offences that can be committed, and ignorance is usually no defence. This article seeks to explain the background to some offences in respect of trademarks.
... What is a trademark?
A trademark is a badge of origin, any sign capable of being represented graphically, which is capable of distinguishing goods; they may consist of words, personal names, designs, letters, numerals or the shape of goods.
What are the offences?
The offence is to apply the mark (that is the copied trademark), sell goods with it on, or have goods in your possession in the course of a business.
There are also offences covering the copying of a symbol or sign on labelling, packaging or advertising. The law covers all goods from baseball caps and handbags to wheel trims and counterfeit drugs.
Is there any defence?
It is a defence to show that you believed, on reasonable grounds, that the use of the sign was not an infringement of the registered trademark.
You need to demonstrate that not only did you honestly believe that the sign did not infringe registered trademarks but that you also had reasonable grounds to believe that.
If you believed that the goods were genuine, that is also a defence.
For the offence to be committed the trademark has to be one that is registered and also one that has a reputation in the UK.
If the fake is terrible quality that is no excuse, the fact that no one would believe it was genuine does not matter as the use of the trademark is still an offence.
What can happen to me?
The offences are serious, possession of a few items can lead to a community order while a central role in a large operation can mean a sentence of up to ten years imprisonment.
A conviction for this type of offence can also lead to confiscation proceedings being brought against you. These proceedings involve an assessment of the benefit or profit made from the offence, and if there has been a benefit, you can be ordered to pay that back from your assets. Even if you did not have any assets an order can be re-visited in the future should you come into any money.
How can we help?
If you would like to discuss any aspect of your case, please contact us on 01162 555155.
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Merry Christmas from the Sahota & Sahota Team!
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🎄🎅🏽🍗🍽🎁
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Computer hacking 👨‍💻
Hacking has been in the news a great deal in the last couple of years, for example, the 2016 US Presidential Elections, the extradition case of Lauri Love and the hacking of user accounts of various large companies in order to steal personal information. At the other end of the spectrum we see cases of police officers unlawfully accessing police computers (often charged as misconduct in public office).
What is hacking?
... Put simply hacking is unauthorised access. The law (Computer Misuse Act 1990) says that hacking is:
- causing a computer to perform any function with intent to secure access to any program or data held in any computer when; - that access is unauthorised; and - the person knows at the time when he causes the computer to function that that is the case.
Why would someone hack a computer?
Some people like to test their abilities, to see if they can get through high-security measures. Others may want access to be able to commit further criminal offences, the information obtained could be used for fraud, blackmail or other similar offences.
It is not necessary for a person to intend to use any of the information gained. The simple offence is the intent to gain access to information or data to which you would not usually have access, although see below for other offences.
Are there other offences?
As well as the simple offence set out above (unauthorised access), there are further offences of unauthorised access with intent to commit or facilitate further offences; unauthorised acts with intent to impair the operation of the computer; and unauthorised acts causing or risking serious damage.
What are the penalties?
These offences can be dealt with at the Magistrates Court or the Crown Court depending on the seriousness. The maximum penalty at the Crown Court is two years imprisonment and/or a fine for the simple offence of unauthorised access.
Where the offence is committed with intent to commit further offences, the maximum sentence becomes five years, and if committed with intent to impair operation the maximum sentence is ten years.
By way of examples, a man who gained access to websites and deleted data to cause inconvenience as revenge for his dismissal was given nine months’ imprisonment.
A man accessed the Welsh Assembly computer system on twenty occasions over a period of a week, reading a number of restricted, sensitive emails, was given four months’ imprisonment. In another case 2 years imprisonment was imposed for introducing a number of viruses to the internet, causing unknown damage.
In many cases the sentences are much more severe.
How can we help?
It is important that if you are under suspicion of committing an offence that you speak to a specialist before talking to the police. We can help 24 hours a day, please contact The Crime Team on 01162 555155 or email us to discuss any aspect of your case.
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⭐️⭐️⭐️⭐️⭐️
Sahota & Sahota I don't know how much to thank you Kally you are the hammer impact behind the nails, the master key, you spark the brains of the big guys, major players in the legal world. Your network of cream Elite gladiators in legal matters is second to none, you are simply the best you have the best solutions. Kally a man of his words, you took my burden as if it was yours and solved it. A big thank you to the young and explosive Naseema so impressed by her work perfomence a person who is eager and full of enthusiasm, works hard in achieving best results. A team of wit. Ahmed Nadim barrister the sniper star I don't know how much to thank you. Thank you very much guys for fighting for Justice and Humanity many thanks God bless

The “Gangs Matrix”
Earlier this year the Metropolitan Police was in the spotlight over their use of a ‘gang matrix’, and now they are back in the news again.
What is the matrix?
... It is a list set up after the London riots in 2011, holding information on “persons of interest”.
Various intelligence sources are used to identify gang members, sources such as social media posts, information from local councils and convictions for violent crime.
Once on the list, a person is given a score based on the risk that they pose.
As the information was shared, it was argued that being on the list could cause issues with education, housing and use of local services.
What was the problem?
Amnesty International published a report on the matrix stating that it was racially discriminatory and in breach of human rights law.
87% of those on the list were from black or ethnic minority communities.
The counter-argument was that those identified on the list were offered support to divert them away from offending.
Why is this back in the news?
Following concerns over the information, there was an investigation by the Information Commissioner’s Office (ICO).
What did the investigation find?
The ICO investigation found numerous breaches of data protection laws. In particular, there were concerns that the gang matrix did not distinguish between offenders and victims of crime, information was shared inappropriately with other public bodies, and in some areas, informal lists were kept of people who were taken off the matrix.
What action has been taken?
The Met has been issued with an enforcement notice by the ICO. Although they will be allowed to continue processing data through the gangs’ matrix, the notice requires a number of steps to be taken by the police to ensure compliance with data protection law.
What will happen now?
A number of recommendations have been made to the Met for changes to be made.
This includes producing improved guidance on what constitutes a gang member, getting rid of the informal lists, and distinguishing between victims and offenders.
A time limit of six months has been given for compliance with the notice, and the police are required to provide monthly updates to the Commissioner. A spokesman for the Metropolitan Police said that the concerns within the report would be addressed and additional work is being considered to explain the legal framework of the gangs’ matrix to the public.
How can we help?
Our expert team keep all aspects of policing under review, to ensure compliance with relevant evidential safeguards.
If you would like to discuss any aspect of your case, please contact the Crime Team on 01162 555155 or info@sahotasahota.co.uk.
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What Next for Sally?
In a dramatic climax the jury returned guilty verdicts in the case of R v Sally Metcalfe, the hapless Coronation Street Councillor caught up in fraud, money laundering and bribery.
As viewers will know, poor Sally appears to be a victim of Duncan's cunning plan to divert blame elsewhere.
... Her fate now lies in the hands of the trial judge, but a custodial sentence appears to be a real possibility.
But, what options does Sally have in relation to appeal?
Sally and her legal team must move quickly as an appeal against conviction must be lodged within 28 days of the verdict. An application to appeal can be made 'out of time' but there must be a good reason for any delay.
Since we can be rightly critical of her legal team, one of the first decisions may well be whether to instruct new solicitors and counsel to advise. A change of representation can usually be a good ground to make an out of time Appeal.
But whatever the decision made in respect to legal representation, it is important to note that appeals are not to be viewed as an automatic ‘second bite of the cherry'.
The Court of Appeal will only overturn a conviction if it is 'unsafe', so Sally's legal team will need to identify something that went wrong in the trial process; if nothing did go wrong then an attempt at appeal would simply be futile, raising false hopes.
Sally's best bet will be to continue the battle to clear her name in the hope of finding evidence that points towards Duncan and his framing of Sally.
This is referred to as 'fresh evidence’ and must be genuinely new evidence that was not available to Sally and her lawyers at the time of trial.
Of course, Sally's case isn't real, and we can expect the scriptwriter to exercise some editorial licence when it comes to explaining the intricacies of the law, so don't take too much notice of the legal wrangling as it inevitably unfolds in future episodes.
In the real world, a wrongful conviction is a most dreadful experience for both defendants and their families, exacting the cruellest toll.
How can we help?
If you require advice in relation to any appeal matter it is imperative that you act quickly.
Our team of experienced lawyers are here, ready to take you through the process.
If you would like to discuss any aspect of your case, please contact Kally Sahota or Bal Singh on 01162 555155 or appeal@sahotasahota.co.uk
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Siri, Cortana and Alexa – Witnesses for the Prosecution? 👀
On 29th January 2017, Christine Sullivan and her housemate were found murdered in Farmington, New Hampshire. Their bodies were discovered by the house owner, Dean Smoronk, who was Sullivan’s boyfriend.
Timothy Verrill, an associate of Smornok, was later charged with second-degree murder and has pleaded not guilty.
... Although the evidence against Verrill is said to be substantial, the police are trying to obtain further information and potentially a recording of what took place at the house.
How?
In the kitchen, where it is believed Christine Sullivan was attacked, there was an Amazon Echo. The police believe the Echo recorded the attack and subsequent events.
Alexa is the artificial intelligence behind the Echo. In order to be able to respond to questions, the Echo needs to continually assess what is said within its range.
Amazon designates “wake-up” words and when one is detected the device records what is picked up, including a brief period beforehand. The recordings are then saved until they are manually repeated.
Strafford County Superior Court granted the State’s application for a search warrant in this case. Amazon.com has been directed to produce “…forthwith to the Court any recordings made by an Echo smart speaker with voice command capability” for the relevant two-day period. As well as the Echo recording Amazon is to provide “any information identifying cellular devices that were paired to that smart speaker during that time period”.
How could this impact the UK?
In Germany, prosecutors used a Health App to track activity at critical times. Many court cases here have used mobile phone tracking or “cell site analysis” to pinpoint the location of an offender at a particular time, CCTV has also become a crucial tool for prosecutors.
There many other voice-activated assistants from companies such as Apple, Microsoft and Google. Most of these devices share recordings with a central-server based artificial intelligence to analyse commands. The number of households with such devices will be increasing every day, and how many of us realise just what is being recorded?
Although we are not aware of any cases in this country involving these types of recordings, it is probably not long before the situation arises and a Court finds itself adjudicating on the release of information. In principle there is no reason to believe that the evidence, if obtained, will not be admitted.
How can we help?
We will always assess the strength of any evidence against you, and, more importantly, we will consider the admissibility or otherwise of any evidence. If you would like to discuss any aspect of your case, please contact us on 01162 555155.
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Can I get a suspended prison sentence?
A suspended sentence is a term of imprisonment that is suspended so that you do not go into custody immediately and will not go into custody if you comply with the conditions attached.
Who can get a suspended sentence?
...Continue Reading

Offences Related to State Benefits
There are two main offences that are prosecuted in relation to benefit fraud, one involves dishonesty, the other does not.
The dishonesty offence
... It is an offence to dishonestly make a representation in order to obtain benefit, and this includes a dishonest failure to promptly notify a change in circumstances as well as making a claim that is dishonest from the outset.
The offence absent dishonesty
It is an offence to knowingly make a false statement to obtain benefit, again this can be in an initial claim for benefits or failing to give prompt notification of a change in circumstances.
What does this actually mean?
The following definitions are given:
Dishonesty - has its normal meaning in criminal offences, although the lesser offence does not require dishonesty it does require proof of knowingly failing to notify. The test for dishonesty was recently revisited by the Supreme Court and the result may well be that it is now easier to prosecute for a dishonesty related offence.
Change in circumstances – there must be proof that the offender knew there was a change of circumstances and that the change would have affected a change in benefit.
Changes in circumstance could include starting to live with a partner, gaining employment or a change in finances.
Promptly notify- prompt is to be given its natural meaning and is a matter of fact. It is for the prosecution to prove that it was not prompt. It is therefore essential to explore all of the surrounding circumstances as this may provide a defence, not only mitigation.
Are there other offences?
There are other offences of fraud and false accounting related to benefits that are not covered in this article.
What is the likely sentence?
The non-dishonesty offence an only be dealt with in the Magistrates’ Court and carries a maximum term of imprisonment of 3 months.
The offence involving dishonesty can be dealt with at the Magistrates’ Court or the Crown Court and carries a maximum of seven years imprisonment.
The main factors for consideration in sentencing will be the length of time of the overpayment, the value of benefits overpaid, and whether or not the claim was dishonest from the outset.
A claim that is of high value, over a sustained period and which was dishonest from the beginning is more likely to attract a term of imprisonment.
How can we help?
Prosecutions for benefit offences frequently generate vast quantities of paperwork. We have a great deal of experience in considering such evidence, and our involvement may mean a lesser value is given to the overpayment which can have a direct impact on the potential sentence.
We can also assess any possible defences that may be available to you. Expert advice is crucial if you would like to discuss any aspect of your case, please contact Solicitor, Naseema Akthar on 01162555155 or naseema@sahotasahota.co.uk
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Case Updater
VAT fraud
R v Hashim
... The appellant pleaded guilty to the fraudulent evasion of tax and received two years imprisonment and was disqualified from being a company director for 10 years. He was made bankrupt in 2003 as a result of a VAT debt for his takeaway business.
In his basis of plea, he said that he ran another business from 2010 to 2011 when it was dissolved as it wasn’t making any money. His cousin took over but the business details remained in the appellant’s name.
His relationship with his cousin deteriorated and his cousin left the country in 2017. Soon after he left the appellant became aware that the turnover of the restaurant exceeded the VAT threshold and that it was not registered. He therefore accepted that it was his duty to ensure VAT was paid and his failure to do so was “deliberate and dishonest”.
The Court accepted that the personal mitigation based on his family circumstances should have led to a greater reduction from the starting point than the sentencing judge was prepared to apply. 18 months imprisonment substituted for the judge’s sentence of two years.
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New Sentencing Regime for Manslaughter Published
On 1 November 2018 the Sentencing Council issued the first definitive guidelines for manslaughter offences.
These guidelines will now be used by all sentencing tribunals to ensure consistency of approach in sentencing Manslaughter offences in Crown Courts throughout the Country.
... The guidelines apply to all offenders over the age of 18 who are to be sentenced on or after 1st November 2018.
The guidelines set out the custodial starting points based on post trial. The range of the sentence increases or decreases depending on the number of statutory aggravating or mitigating factors applicable to the circumstances of each individual case.
Manslaughter for sentencing purposes has been divided into four categories:
1. Unlawful act manslaughter 2. Gross negligence manslaughter 3. Manslaughter by reason of loss of control 4. Manslaughter by reason of diminished responsibility
You can view the Guidelines here:
https://www.sentencingcouncil.org.uk/…/ Manslaughter_Definit…
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Acid Attacks - New Laws in Force
After a recent spate of assaults involving the use of acids and other corrosive substances, the government has acted to try and curb their use. At the present time around 15 offences per week involve the use of acid and other like substances.
In January 2018, the Home Office announced a voluntary agreement with a number of major retailers in which they made commitments about the responsible sales of corrosive substances including not selling p...roducts containing the most harmful substances to under 18s. The agreement was developed with the British Retail Consortium and also tested with thecAssociation of Convenience Stores and the British Independent Retailers Association to ensure that the commitments were proportionate and worked in the retail environment.
The major retailers who have signed up to the commitments are: Wickes, Screwfix, B&Q, Wilko, Waitrose, John Lewis, Tesco, the Co-op, Morrisons, Aldi UK, Lakeland, Asda and Homebase.
Recent developments
On 1st November 2018 new legislation came in to force to strengthen further the controls against possessing corrosive substances.
There are controls in the Poisons Act 1972 on corrosive substances that can be used as poisons or as explosives precursors.
Although this legislation is not designed to limit access to corrosive substances used to assault people, its impact is to restrict access to some of the most harmful substances of concern.
Parliament has enacted a statutory instrument which makes sulphuric acid a regulated explosives precursor above a concentration level of 15%.
The effect of this will mean that members of the public will require a licence from the Home Office to be able to import, acquire, possess or use sulphuric acid.
What is the penalty for breaching this law?
If found guilty, the offence carries a maximum sentence of 2 years' imprisonment.
How can we help?
The law is complicated and the potential consequences severe, for expert advice, please contact the Crime Team on 01162555155.
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