dishonesty-offences-explained

Dishonesty Offences Explained

Telling your friend they look great in that new outfit may be an act of kindness involving an element of dishonesty that is forgivable. However, what you may think is a similar “little white lie” when dealing with motoring offences is seen in a vastly different light by the law.

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life imprisonment sentence for causing death motoring

Life Imprisonment for Fatal Driving Offences

New Sentencing Powers

In a significant legal development, courts in the UK now possess the authority to sentence drivers to life imprisonment for specific fatal driving offences. This change stems from the introduction of section 86 of the Police, Crime, Sentencing and Courts Act 2022, which elevated the maximum sentence for causing death by dangerous driving or causing death by careless driving under the influence of drink or drugs from 14 years to life imprisonment.

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Hung jury

Understanding a Hung Jury in the UK

In the realm of criminal trials within the United Kingdom, the presence of a jury is a pivotal element. Comprising 12 jurors, randomly selected from the public, this assembly is entrusted with the crucial task of meticulously examining all presented evidence and, ultimately, determining the guilt or innocence of the defendant in question.

However, as with any human endeavor, unforeseen circumstances can arise during a trial. For instance, illness or compelling reasons may necessitate the discharge of a juror. In such instances, it’s essential to bear in mind that a minimum of nine jurors must remain to proceed with the trial. Anything less than this number would require the trial to be aborted.

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Perverting the Course of Justice – New Guidelines Make The Risks Clearer

In our previous blog, we explained the offence of Perverting the Course of Justice (PCOJ) and demonstrated how easy it can be to fall within the broad definition of this offence, with an act that may seem a trivial “white lie” at the time but places you at serious risk of being landed behind bars.

The maximum sentence for this offence is life imprisonment. This remains the case, and that sentence is still reserved for the rarest and most serious instances. However, outside of that, it was a challenge to offer clients detailed advice about sentencing because no sentencing guidelines existed.

The offence of Perverting the Course of Justice ranges from being dishonest with the police (for example, if asked about a person’s whereabouts) to serious interference with justice, such as planting evidence, making false allegations and jury tampering.

From the 1st October 2023, new guidelines are being introduced which will provide clarity on sentencing with this particularly murky offence. These guidelines intend to place the possible sentences into an easy-to-use table, listing the likely factors and circumstances that will increase or decrease the severity. We explain these guidelines below:

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Modification in moderation!

It is important to be careful when modifying your vehicle, it might look good, but it could quite easily land you with a careless or dangerous driving charge.

Window tinting

There are specific rules determining how dark the tinting of car windows can be. The side windows at the back and rear windscreen can be as dark as you like, which is somewhat surprising considering how often the rear windscreen comes in handy. The rationale for this is that a car must have two unobstructed views behind, which are provided by the two wing mirrors. However, this means that if you have dark tints on your rear windows, if you lose a wing mirror, you could be committing an offence.

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New Sentencing Guidelines For Serious Motoring Offences Published

Long awaited sentencing guidelines have today been published in relation to multiple serious motoring offences that were introduced in 2022. The Sentencing Council has also revised a number of guidelines that were already in place for older offences such as dangerous driving. Although published today, 15 June 2023, the new guidelines, which apply to adult offenders, will come into force on 1 July 2023.

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Bank Holiday Opening Times 29th May 2023

JS Miller Solicitors are open over the Bank Holiday including 29th May 2023. If you need to speak with an expert motoring lawyer you can seek help from us immediately, rather than waiting until the following Tuesday 30th May.

Our freephone number 0800 1389 123 will be operative from 10am until 7pm over the bank holiday weekend. All messages will be returned within a maximum of 12 hours and if a message is left during our operative hours, we aim to respond within one hour. Alternatively, you can email us via our Contact Us page or request a call back and one of our expert motoring solicitors will contact you on Tuesday 30th May.

We know that as soon as you have placed your instructions with us you will regain some of your peace of mind and so urge you to call us now to see how we can help you.

We are open for new enquiries this weekend

Austin Anderson-Brettell - Senior Paralegal

Saturday 27th May 2023 – 10am – 7pm

Catherine Baird – Motoring Litigation Specialist

Sunday 28th May 2023 – 10am – 7pm

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