FAQs

Insights from a Leading Criminal Barrister

What is exceptional hardship?

What is exceptional hardship?

Disqualification is generally compulsory. However, if you are able to persuade the court that there would be exceptional hardship amounting if you lose your licence they may allow you to keep your licence despite the fact that you have 12 penalty points or more..

When can a Court extend Custody Time Limits?

When can a Court extend Custody Time Limits?

CTLs shall not be extended unless the Prosecution can show good and sufficient cause and that they have acted with all due expedition. Read this FAQ to find out more..

What is ‘totting’ penalty points?

What is ‘totting’ penalty points?

When a driver receives penalty point supon his licence he may continue to drive when the number of points remains below 12..Read this FAQ to find out more..

Driving while using a mobile Telephone. What are my options?

Driving while using a mobile Telephone. What are my options?

The offence of using a handheld mobile telephone while driving is punishable with a fine of £60 on a fixed penalty notice or up to £2500 on conviction as well as 3 penalty points endorsed upon your licence. Read this FAQ to find out more..

What is Driving Without Due Care and Attention? What is Careless Driving?

What is Driving Without Due Care and Attention? What is Careless Driving?

Careless driving is defined as driving which falls below that of a prudent motorist. This is a relatively wide and woolly definition and allows for a large interpretation of what a prudent motorist would do.. Read this FAQ to find out more..

What is Dangerous driving?

What is Dangerous driving?

Dangerous driving has been defined as driving in a manner which falls far below that of a competent and careful driver in circumstances Read this FAQ to find out more..

What sentence would I get for speeding?

What sentence would I get for speeding?

This will depend upon a number of factors, chiefly the level that you were above the speed limit. Penalties range from a three point licence endorsement to an immediate disqualification as well as a financial penalty. Read this FAQ to find out more..

What are special reasons in drink driving cases? How can I apply for special reasons?

What are special reasons in drink driving cases? How can I apply for special reasons?

Special reasons allow you either reduce the level of your driving ban or to keep driving avoiding a ban altogether even after you have admitted or been convicted of an offence of drink driving. Read this FAQ to find out more..

What sentence would I receive for an offence of drink driving?

What sentence would I receive for an offence of drink driving?

This will depend upon the level of alcohol in your breath or blood. The minimum is a 12 month driving ban with accompanying fine for a first offence up to a maximum of a sentence of imprisonment starting at 12 weeks and a 3 year ban as a maximum. Read this FAQ to find out more..

Can I get someone else to take my penalty points?

Can I get someone else to take my penalty points?

NO!! This is a serious criminal offence- perverting the course of justice. Read this FAQ to find out more..

What should I do if I receive a Notice of Intended Prosecution?

What should I do if I receive a Notice of Intended Prosecution?

If you receive a NIP you are legally obliged to disclose the identity of the driver of your vehicle at the time specified within 28 days. Read this FAQ to find out more..

Can I appeal from the Magistrates Court to the Crown Court?

Can I appeal from the Magistrates Court to the Crown Court?

Yes. Read this FAQ to find out more..

How do I get a legal second opinion?

How do I get a legal second opinion?

Getting a legal second opinion is easy and quick and can provide you with the reassurance that you need if you suspect that the advice you have been given is either incomplete or incorrect. Read this FAQ to find out more..

How can I change my Lawyers? How can I change my solicitors? How can I change my Barrister?

How can I change my Lawyers? How can I change my solicitors? How can I change my Barrister?

Many people are under the mistaken view that once they have chosen their lawyers then they are tied to them for the rest of their case or until their case finishes. Read this FAQ to find out more..

How do I make a claim against the Police? What can I do if I have been wrongfully arrested?

How do I make a claim against the Police? What can I do if I have been wrongfully arrested?

You are entitled to make a claim against the police or any other detaining body if their actions are oppressive arbitrary or unconstitutional. Read this FAQ to find out more..

What should I do if the Police are looking for me?

What should I do if the Police are looking for me?

If you are suspected of a criminal offence or suspected of being a witness to a criminal offence and the police are looking to question you there is rarely any benefit in trying to avoid them or going into hiding. Read this FAQ to find out more..

What are Custody Time Limits?

What are Custody Time Limits?

What are Custody Time Limits? Custody time limits are the period of time in which a person may be remanded in custody awaiting trial. If a person is kept in custody their trial must be held within the custody time limit period. Read this FAQ to find out more..

What is a Caution? What happens if I am not cautioned by the police?

What is a Caution? What happens if I am not cautioned by the police?

Under the Police and Criminal Evidence Act the police must caution anyone they reasonably suspect of having committed a criminal offence before questioning them. Read this FAQ to find out more..

Section 7 - Health and Safety at Work Act

Section 7 - Health and Safety at Work Act

Section 7 of the HSWA puts a duty upon employees to take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts and omissions at work.

What should I do if the police want to interview me?

What should I do if the police want to interview me?

What should I do if the police want to interview me? Firstly you need to establish whether you are being interviewed as a witness to an offence or as a suspect. This will determine whether a ‘section 9 CJA’ witness statement will be taken from you whether the interview will be under caution and taped under the terms of the Police and Criminal Evidence Act. Read this FAQ to find out more..

Should I plead guilty or not guilty to a criminal offence?

Should I plead guilty or not guilty to a criminal offence?

Should I plead guilty or not guilty to a criminal offence? The question of guilt is not always as straightforward as it first seems. Read this FAQ to find out more..

What is Abuse of Process?

What is Abuse of Process?

What is Abuse of Process? The defence may at any stage in proceedings before a court make an application to the Court that the proceedings are an abuse of the process of the court. Read this FAQ to find out more..

What are offences that are triable either way? What is plea before venue?

What are offences that are triable either way? What is plea before venue?

What are offences that are triable either way? What is plea before venue? Either way offences are offences that can be heard in either the Magistrates Court or the Crown Court. Read this FAQ to find out more..