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Affray and Public Order Act offences

Affray is where more than more than two people behave so as to put other in fear alarm or distress and this a very specific offence which is often misunderstood not only at police station stage but also at the Court sometimes. Expert advice is required as to this offence from a lawyer as it is serious and often can be heard before the Crown Court and can result in a prison sentence. Lesser offences are oher public order act offences which can be committed by one person alone. For comparison, a more serious offence in the category is riot which rarely is charged as is it an admission that public order has deteriorated so that the police cannot control it.

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Benefit Fraud - DWP cases

There are an increasing number of prosecution and investigations into cases of fraudulent receipt of benefit. This is partly because the DWP have full time investigators and legal department focusing particularly upon Disability Living Allowance DLA and other means tested benefits. Having encouraged claimants in the nineties to improve unemployment figure, many claimants who previously did not consider themselves to be disabled are the subject of intrusive investigation and prosecution. Whether means tested or not, these benefits are scrutinised upon the wording of benefits claims forms and are often accused on the basis of not their own words but rather the descriptions of benefit advisors. There exists no clear reasoning for the grant of benefit which enables claimants to judge the accuracy of their claim.

Claimant find themselves having to justify what their claims forms said years before. MJP solicitors have successfully defended many of these type of cases and understand how traumatic it can be to face questioning under caution and prosecution when al the claimant wanted to receive was their entitlement, no more, no less.

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Business Crime

MJP solicitors specialise in business crime. A business, company or sole trader can inadvertently become involved in a crime in the course of a business in many ways. There is such a wealth of legislation affecting business that it is often impossible for small businesses to remain compliant. The Trading Standards Department is now far more active in its involvement with the prosecution of environment, trade description and copyright cases. The penalties for infringing these laws can be severe and so you need solicitors who are active in this area of law to receive the best representation.

VAT fraud is a specialist area of work and the practice has successfully represented client in defence of VAT fraud cases to values in excess of £10M (See also Fraud, Computer Crime, and Proceeds of Crime, Inland Revenue, Health & Safety and Custom & Excises).

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Companies Act Offences

MJP solicitors specialise in business crime. There are numerous offences that can arise from being a director of a company and the regulations are designed to prevent the limited liability status of a company being used to avoid payment of debts or for ´long firm´ fraud. It is only in recent years has there been resources allocated towards the prosecution of offences and disqualification of directors and the various agencies of Companies House, Insolvency Service and BERR combine to enforce legislation relating to people acting as ´shadow directors´ or running companies insolvently.

Personal liability for company debts can arise and there sre strict rules for the lending of company from a limited company. We receive instructs from accountants and finance professionals in advising businesses on liability which be incurred quite innocently. (See also Fraud, Computer Crime, and Proceeds of Crime, Inland Revenue, Health ´ Safety and Custom ´ Excises).

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Competition Law

Employees of large and small businesses can find themselves involved in cases affecting the competition between their employers and their competitors. There have been a number of high profile cases in the last few years where by communicating with competitors about price has given rise to serious allegation breaching competition law. This is a very complex area of law and the principle is that if the conduct operates to fix a price between competitors, liability can arise on the part of the employer and potentially the employee. Indemnity Legislation can now protect the so called whistle blower and cross allegation of blackmail can follow. MJP solicitors have experience of these type of proceedings relating to competition law and consequent proceedings.

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Computer Crime

The intranet and internet provide a variety of risks to any innocent person whose identity has been mis-represented.

MJP solicitors have been involved in the largest computer conspiracy case involving the world wide distribution of cracked software successfully and have experience in dealing with all aspects of computer crime quite often in conjunction with the National High Tech Crime Unit in London.

MJP solicitors have specialists at their disposal to be instructed in the analysis of computers for documents that may assist in all aspects of criminal cases and can extract material from defendant´s computers and defence sources in readily accessible formats for presentation to the Court. Few firms have as much experience as MJP solicitors in dealing with these type of matters which are becoming increasingly prevalent.

Whether as evidence or whether as a crime in itself, MJP understand the workings of computers and how to extract information efficiently.

Mark Jones is in charge of this area of work.

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Conspiracies

Conspiracies always sounds more serious than other offences. Conspiracy has a definite legal meaning and has to be proved beyond a reasonable doubt by admissible evidence. Conspiracy is an agreement to commit an offence, any offence and it is not necessary that all the conspirators are known or named or all of the offences are known or stated. The prosecution have to prove the intention to be part of an agreement to commit the offence. It is not more serious than the main (substantive offence eg Theft) but is equally serious.

Conspiracy to defraud is different and is very old law which survived modernisation and often used as a catch all offence. The prosecution have to prove ´an agreement to put at risk the property of another´ and all the prosecution need to prove is the putting at risk someone else´s property deliberately or knowingly.

Conspiracy cases have unique rules on admissibility of evidence and specialist expert advice is needed from the outset to defend these type of cases.

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Conspiracy to defraud (at common law)

MJP solicitors are specialist lawyer on this subject. This is a difficulty area of law as it is a law that is aimed at catching all areas of fraud not covered by other legislation. As with all conspiracy cases, it is an agreement on a course of conduct to put at risk the property of another and this is much wider than theft or deception or like offence. There special rules relating to evidence in such cases it is a Lifestyle offence for the purposes of Money Laundering offences. There are not area of commerce or finance which are not subject to this law an increasingly it is being used in DWP cases andimmigration cass it being thought to be an easier offence to prove because there is only the need to prove that two people put at risk the rights of another rather actual completing the act itself.

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MJP solicitors have represented defendants accused of breaching Trademarks and Copyright Design and Patents Act 1988 offences throughout the UK.

This specialist area of law is generally prosecuted now by Trading Standards departments and many people find themselves facing these allegations without ever knowing they were doing anything that might be considered to be wrong.

Advice at the initial police station stage is essential for a successful outcome in this area and MJP solicitors can assist in advising whether advice already given at a police station is properly given.

A knowledge of the workings of the protection of intellectual property rights - copyright, trademark etc is essential in defending such proceedings and Mark Jones is the partner responsible for this area.

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Corporate Manslaughter

Corporate Manslaughter is an offence at the extreme end of the spectrum of Health & Safety criminal offences. It has only become a serious risk to directors of companies and officers of Government agencies following prosecution relating to the management of railways and cases involving deaths of employees or members of the public following outbreaks of disease in public or private buildings. All officers and public buildings have health and safety officers and they together with management are at risk of in the event of death arising from a breach of health and safety rules and the interview stage is crucial requiring careful planning in advance.

MJP solicitors have dealt with the defence of these type of cases and have a database of experts in most fields relevant to health and safety issues.

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Corruption - Offences in Public Office.

MJP solicitors have dealt with every type of alleged corruption cases relating to members of Parliament, Local Government officials and businesses dealing with public officials. Corruption is offering a reward for a favour from usually a public official and now even small gifts and corporate entertaining such as football tickets can be treated as corruption for which expert early advice is essential. These investigations have life changing consequences even if they are not prosecuted and extreme care is required in dealing with corruption cases now as the political climate dictates that specialist police officers investigate these cases.

Advice at the interview stage is essential to best defend these cases.

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Customs and Revenue Prosecutions

MJP solicitors have been involved in the defence of every type of Customs & Excises prosecution from missing trader VAT conspiracies to the importation of Class A drugs. The powers possessed by Customs officers far exceed those of the police but have different limitations, which are often overlooked by the high street criminal practitioner. Customs cases often involve dealing not only with English law but also cross border legislation. Over the years, MJP solicitors have developed a network of European and American lawyers to represent those elements of a case that do not fall within in the UK jurisdiction. Often in Customs cases, it is vital to be able to put together a pan jurisdictional team who are used to working together to ensure the best possible outcome. We are confident that we have the cross border connections required to deal with these types of matters. If you have this type of problem, talk initially to Mark Jones or Mike Ellis. (See also Proceeds of Crime, Business Crime, Fraud and Computer Crime).

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DWP cases = Benefit Fraud

There are an increasing number of prosecution and investigations into cases of fraudulent receipt of benefit. This is partly because the DWP have full time investigators and legal department focusing particularly upon Disability Living Allowance DLA and other means tested benefits. Having encouraged claimants in the nineties to improve unemployment figure, many claimants who previously did not consider themselves to be disabled are the subject of intrusive investigation and prosecution. Whether means tested or not, these benefits are scrutinised upon the wording of benefits claims forms and are often accused on the basis of not their own words but rather the descriptions of benefit advisors. There exists no clear reasoning for the grant of benefit which enables claimants to judge the accuracy of their claim.

Claimant find themselves having to justify what their claims forms said years before. MJP solicitors have successfully defended many of these type of cases and understand how traumatic it can be to face questioning under caution and prosecution when al the claimant wanted to receive was their entitlement, no more, no less.

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Dishonesty Offences

Criminal offences involving the taking or obtaining of property or money are called dishonesty offences because the prosecution have to prove that the defendant was acting ´dishonestly´. This can be more complicated than first appears MJP solicitors are approved to deal with these sort of offences under the classification of fraud cases. There are numerous types of offences of dishonesty and all require the prosecution to prove that the defendant was acting dishonestly beyond a reasonable doubt. Mortgage fraud, false statements and false accounting are all examples of these type of offence which MJP solicitors deals with regularly receiving instruction from trade bodies, advice bureaus and legal expense insurers who recognise the firms expertise in this area of Law.

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Drugs

Cases involving the supply, manufacture, cultivation, importation and sale of drugs have been prosecuted unrelentingly by police and customs for thirty years. Sentencing for supply offences is harsh and intended to operate as a deterrent and even involvement at a minor level risks lengthy prison sentencing. Mobile phone and computer evidence is often a feature of these cases and expert examination of such evidence is often decisive in terms of prospects of success. Cases are often split between importers, suppliers and users, users being treated leniently if they are resolved to address their addiction. Dealers are usually charged in a conspiracy which can conflicting jurisdictions and attitudes to drugs offences and conspiracy investigation often innocent people being used by suppliers’ to mask their involvement. We are experienced in identifying the roles of parties and we have represented people at all level of the supply chain. It is not our function to judge our client for what they may or may not have done. Our job is to represent the innocent and the guilty fearlessly(without conflict of interest) and to put forward their best defence irrespective of any personal opinion or experience. MJP solicitors believe everyone is entitled to be defended under the law and that is regardless of gender, age, religion, race, nationality or political views.

Advice at the interview stage is essential to best defend these cases.

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Environmental Prosecutions

Environmental legislation is now quite draconian in that the penalties for infringing environmental laws can involve community penalties and occasionally a custodial sentence or fines issued by local authorities.

These fines can be punitive and without regard to personal resources.

Environmental litigation is an area of law that MJP solicitors have experience in having been involved in the class action for residents in the Birkenhead area for unlawful discharges from a factory over many years. MJP solicitors represent corporate clients and private individuals who find themselves faced with Prosecution for environmental infringement under a huge range of legislation now emanating from Europe.

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Financial Services

Criminal cases involving financial services take many forms and often overlap with money laundering cases. There are numerous criminal offences associated with providing and using financial services whether it is the fraudulently use of credit cards, loans, hire purchase or the unauthorised provision of Consumer Credit or unlawful action in relation to debtors. Mortgage fraud has decrease while credit was readily available but is likely to increase as credit providers try to justify their lending decisions to their superiors or funders. MJP solicitors have decades of experience in defending these cases and proving that borrowers have not given wrong information that operated on the mind of the lender.

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Firearms

There is no tolerance to the possession of firearms and other weapons and tarrif sentence applies to the mere possession of guns, pistols, rifles, machine guns and CS gas canisters etc. There are still huge numbers of such weapons in circulation and possession is strict interpreted so that the prosecution do not have to prove knowledgeable possession and the defence is usually that the defendant was not in fact in possession of the weapon.

If you are accused of possessing a weapon, you need immediate advice before interview as the interview can often be decisive in term of prospects of success.

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Fraud ´White Collar´ Crime/Fraud

The firm specialises and excels in this type of work. White collar crime is now an outdated expression but describes criminal offences that arise from the execution of a duty or office. It includes directors of companies, local government officers, bank officials and offences that involve embezzlement, deception and conspiracies to defraud. Mark Jones is the partner with experience in property law, partnership and company law as well as the law relating to cheques, negotiable instruments and intangible property. The firm has close associations with forensic accountants who act as crucial expert witnesses in relation to account and banking evidence. MJP can deals with huge volumes of computer material in house using bespoke software to analyse documents, e-mails and phone records.

The firm receives instructions from private individuals, trade bodies, legal expense insurers, companies as well referral from other firms of solicitors who do not deal with criminal law.

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Health and Safety Prosecutions

MJP solicitors have been involved in advising major PLC´s in connection with Health & Safety legislation and the liability of directors in corporate manslaughter cases as well as representing in defence prosecution brought by the Health & Safety Executive. The penalties for infringement in Health & Safety cases are sever both in financial terms and in respect the terms of imprisonment that may be imposed. Only specialist criminal solicitors are equipped to deal with these cases in a cost effective manner for businesses facing these type of prosecutions. MJP solicitors are proud of their record of accomplishment in defending these types of cases and if you are facing this type of problem you should initially speak with Mark Jones or Michael Ellis. (See also Business Crime, Computer Crime and Criminal Defence.)

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Homicide

MJP solicitors have dealt with the widest range of homicide cases including high profile cases attracting the attention of the World´s Press. We regularly deal with cases involving firearms and violence as you might expect as experienced criminal practitioners. We specialise in cases involving a mental health aspect and have had considerable success on behalf of our clients. Client confidentially prevents us from setting out details of such cases. Michael Ellis and Bob Code specialise in this area if you wish to discuss a case in strictest confidence.

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Immigration Offences

MJP solicitors are familiar with laws in involving Immigration law and have dealt with cases involving human trafficking and conspiracies to obtain UK citizenship by deception. We have learnt how best to utilise interpreters in police stations and at Court and can arrange these facilities at short notice. MJP solicitors are often recommended to clients by interpreters who recognise though their work, the value of the service MJP solicitors provide.

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Inland Revenue (Tax) Cases

MJP solicitors are specialist in defending prosecutions brought by the Inland Revenue and have dealt with many such cases. Inland Revenue cases invariably require that we work with the defendant´s own accountant but we always bring in an independent specialist accountancy firm to review the work of the defendant own accountant. This is not a hostile process usually but is designed to ensure that there is an objective witness capable of explaining the defendant’s innocence in the process of tax collection. We work regularly with many such experts and have connections throughout the UK and EEC. If you are facing such problems, you should contact Mark Jones or Bob Code for initial advice. (See also Fraud, Proceeds of Crime, Business Crime and Computer Crime)

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Insolvency Fraud

MJP solicitors deal with insolvency fraud on a regular basis liaising with Companies House investigators and the Insolvency Service in relation to the disqualification of directors and the Prosecution of directors for unlawful trading.

The Prosecution of directors is an area of speciality of Mark Jones and Dominic McNabb and they have successfully defended company directors and company secretaries who find themselves facing Prosecution as a result of trading at a time when their businesses are considered to be insolvent.

Early advice is required in this area of law and MJP solicitors liaise with accountants and other experts in defending these proceedings. Immediate advice is available in this area on freephone etc.

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Insurance Fraud

There are many varied types of insurance fraud, all of which involve making a false statement in support of a claim whether it be an accident, a loss of property to more complex claims in relation to commercial or health insurance. Most cases are called deceptions as the prosecution have to prove the defendant made a false statement that operated on the mind of the person deceived with a view to gain. Any insurance companies have fraud units whose function is detect fraudulent claims and who operate to a set formula sometimes wrongly accusing claimants who are deterred from pursuing their claims. MJP solicitors regularly deal with these type of cases and know how these cases should be defended.

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International Crime

MJP solicitors are used to dealing with cases with an international element securing the release of UK citizens from custody in foreign jurisdiction and liasing with lawyers or attorneys in Europe and USA. Many cases now involve a variety of jurisdictions requiring the use of in house or sub contracted language skills and confiscation cases now often involve a variety of jurisdictions and conflict of laws. Trans-national criminal cases are becoming more.

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Internet Crime

The Internet is a new jurisdiction and domain where all type of financial and other crime can occur with anonymity or the use of false identity. MJP solicitors have been involved in the development of this area of law through our unique understanding of the combination of copyright law and expertise in the use of computer hard drive analysis search tools. Our experience involved the defending the world´s largest conspiracy to defraud case at the Old Bailey. The case crossed twelve USA State jurisdiction, the investigation being undertaken by the FBI liasing with UK High Tech Crime Unit and six European jurisdiction and Austrialia. The case evidence involved seven terabytes of data and witness giving live evidence by video link from America. MJP solicitors developed bespoke software to interrogate raw data served as evidence and unused material logging the same for use during the trial which proved the by the FBI of undercover operatives masquerading as software collectors.

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Kidnap and false imprisonment

This means detaining a person against their will and can occur in very serious circumstances or sometimes by accident where a police officers do not understand their duties.

These cases require extreme care and solicitors of great experience to walk a dangerous line between their clients immediate concerns for relatives or friends and their own position in the case. Negotiating skills are required to bring these type of cases to a successful conclusion.

Advice at the interview stage is essential to best defend these cases.w Government or anyone else to hold a person unlawfully or without lawful authority and it is a serious criminal offence. It occurs sometimes in connection criminal debts and police devote extensive resources to these cases even where the kidnapped person maybe involved in criminal offences themselves.

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Money Laundering

MJP solicitors are specialists in dealing with cases where the Crown seeks to restrain and confiscate assets. After the Proceeds of Crime Act 2002, there has been a marked increase in the number of occasions, this Act is being utilised. This area is now a significant feature which often requires as much attention as the case itself. Mark Jones has lectured on this new area of law throughout the Northwest and the Practice is involved in a number of appeal challenges to the implementation of the Act. The Proceeds of Crime Act cannot be ignored, as the Act demands that judges commence such inquiries at the conclusion of a case where a financial benefit from a crime is possible. If your choosing a lawyer to represent you, ensure that they understand the implications of the Act. (See also fraud, computer crime, Business crime, Customs & Excises and Inland Revenue cases.).

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Offences against the person

This is the overall term for Assault, Wounding, Grievous Bodily Harm and other offences against to person. All of these offence are governed by laws which are over 150 years old but are still used today. Self defence is the defence that is most commonly put forward but to succeed, the defendant needs to show that he has done everything possible to avoid having to defend himself and that his assault is the last resort. Self defence cannot be a retaliation, only enough force to defend oneself or a family member close friend. Provocation is no defence at all to any assault but might in murder or as mitigation to explain conduct if found guilty.

Advice at the interview stage is essential to best defend these cases.

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Piracy Cases

Piracy is to hijack or steal anothers´ property and in modern times refers software or DVD etc and MJP solicitors have unrivalled experience and expertise in defending these cases and the analysis of computer related evidence. Piracy in this context refers to the Copyright and Trademark of the owner right being copied or passed off as those of the pirate and there are a number of trade organisations who represent the owners. Their function is to enforce the rights of the owner and with the assistance of National Hi Tec Crime Unit (NHTCU) or trading standards department of Local Authority. The defence of these cases is an area of law requiring specialist legal advice. MJP solicitors are specialist in this area.

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Police Station Law

MJP solicitors provide representation at police stations throughout the UK. Any type of matter can be brought for interview at a police station and police station law is an area of law where all of the partners are qualified to represent clients. Anthony Jones heads up the police station team of specially accredited representatives who fearless represent clients accused of a crime. His reputation is such that many police officers who have found themselves in trouble have requested his services which a testament to his knowledge and fighting spirit. If you find yourself facing questioning under caution, please ask for Anthony Jones or one of the partners.

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Professional Regulatory Bodies

Most areas of business are now covered by some form of regulatory framework which imposes certain standards of conduct and creates not only sanction from the professional body, but also the risk of criminal proceedings and civil proceeds. Whilst the vast majority of our work relates to criminal cases, there is a great similarity in the conduct of professional allegations and similarly burdens of proof. Doctors, Dentists, solicitors, barrister surveyors, estate agents, accountants, quantity surveyors financial advisors, bankers, architects, and so many more professionals can find themselves facing not only disciplinary proceeding but also court proceedings and find it not only convenient but cost effective to use a firm of solicitors equipped to deal with both types of matter. (See also fraud, computer crime, Business crime, Customs & Excises and Inland Revenue cases.).

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Robbery

Robbery is a serious offence that happens if a person uses force to steal, whether is robbery of mobile phones in the street or the hijacking of lorries or security vans.

Most of the offences are street robberies in UK but such cases usually depend up evidence of identification either directly or by CCTV or forensic evidence. Identification evidence is recognised by the law to be potentially suspect and Court have to warnings about relying solely upon identification evidence. MJP solicitors have used facial mapping techniques to prove that identifications of our clients to be inaccurate and resulting acquittal.

Advice at the interview stage is essential to best defend these cases.

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Sexual Offences

The firm has dealt with successfully allegations of indecent images on business and personal computers. Strict liability applies to the presence of this material on a computer and specialist assistance available from MJP solicitors can avoid serious community penalty or term of imprisonment. Advice is needed at police station stage for most successful results.

We deal with every type of crime in this area of the law and mean people find themselves exposed to the risk of prosecution for all types of reason including malicious allegation that are aimed at causing trouble for an ex partner or cases where consent to the sexual act is the issue. We do not judge our clients and clients can expect to be treated with total confidentiality and respect. By approaching the defence of cases with the help of expert evidence from a psychiatrist or doctor, clients can expect to be better understood by Courts and treated accordingly or exonerated.

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VHCC means - ´very high cost cases...´

MJP solicitors is authorised to represent clients who are publicly funded through a Legal Services Commission Contract individual to the case which qualifies if it is likely to last more than forty days ( in some cases 20 days).

MJP solicitors have been at the forefront of the development of this type of funding and only firms who qualify can deal with these cases. It cover every type of Criminal Legal matter and if you are required to change your representation because of the firm representing is not qualified we would be able to provide you with a case plan showing the work that would be done on your case if decided to choose our firm to represent you.

All enquiries should go to Mark Jones Mike Ellis or Bob Code

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´White Collar´ Crime/Fraud

The firm specialises and excels in this type of work. White collar crime is now an outdated expression but describes criminal offences that arise from the execution of a duty or office. It includes directors of companies, local government officers, bank officials and offences that involve embezzlement, deception and conspiracies to defraud. Mark Jones is the partner with experience in property law, partnership and company law as well as the law relating to cheques, negotiable instruments and intangible property. The firm has close associations with forensic accountants who act as crucial expert witnesses in relation to account and banking evidence. MJP can deals with huge volumes of computer material in house using bespoke software to analyse documents, e-mails and phone records.

The firm receives instructions from private individuals, trade bodies, legal expense insurers, companies as well referral from other firms of solicitors who do not deal with criminal law.

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