Clarke Kiernan
Crime
Our Knowledge
Our talented solicitors have a broad knowledge of a range of crime offences. Here are some examples of what our solicitors have dealt with in the past:
- Abduction
- Assisted Suicide
- Computer Crime
- Conspiracy
- Forced Marriage
- Waste Crime
- Data Protection
- Road Traffic
Abduction
Under the Child Abduction Act of 1984 (as amended), it is a criminal offence in England and Wales for any person connected with a child, to take or send the child out of the United Kingdom without the consent of any other person who has parental responsibility for the child.
A parent who has the right to have contact with or access to a child will usually also have parental responsibility.
Assisted Suicide
It is a criminal offence to help someone commit suicide or help someone attempt to commit suicide. A person who is convicted of assisting suicide will be liable to a sentence of up to 14 years’ imprisonment.
Computer Crime
Computer crime covers a fairly wide number of possible activities that are regarded by the authorities as dishonest and are intended to cause loss for one person and an illicit gain to another.
Computer crime and internet fraud are complex cases which can stretch across many countries. Much computer crime is random. It works with spam and targets as many IP addresses as possible on the assumption that sufficient people will be persuaded to respond and give information to allow the ultimate crime to occur.
Computer hacking and cyber stalking are two of the worst online crimes that can occur. Cyber stalking can include the use of social networking sites, chat rooms and other forums. The internet can be used for a range of purposes relating to harassment.
Conspiracy
The idea of a conspiracy is very simple. It means that more than one person agreed that the offence should be committed and it does not matter if that offence was actually committed or not.
Food Hygiene
The food hygiene and safety legislation will affect you and your business if you are in the food industry, which includes restaurants, food retailers, cafés, takeaways and catering companies. When it comes to the health of the general public, the local authorities and the courts will take a serious view and punish accordingly.
However, you will be at least as concerned about the impact on your good name, as well as any punishment.
Forced Marriage
A forced marriage establishes that a person commits an offence if he or she uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.
Waste Crime
The most common investigation will be the illegal dumping of waste but they will also be concerned with illegal waste sites and the export of waste.
Data protection
The Data Protection Act and its breaches have been a concern for many years. The problem of private investigators having the means and the contacts to obtain information in a way that clearly breaches the Act was recognised many years before the more recent revelations that led us to the Leveson Enquiry.
The ability to obtain information illegally has probably increased significantly with the proliferation of technology.
Deferred Prosecution Agreements
A Deferred Prosecution Agreement (DPA) is an agreement between a designated prosecutor (probably the SFO) and a company whom the prosecutor is considering prosecuting for an offence.
The impetus for DPAs came from law enforcement agencies in the UK, who wanted more tools to combat corporate economic crime and to be empowered to deal with such crime in a way that is easier and cheaper for them to investigate and prosecute.
It also helps recover monies from such companies that they can then add to their budget.
Regulatory Offences
These cases can be almost anything. The variety is too great to list all the possibilities we can help with.
We have good experience dealing with very large cases in human medicines, animal medicines, asbestos, heavy rebated oil, ticket touting, levels of peroxide in cosmetics, and more.
Road Traffic
We defend cases including careless driving, dangerous driving, death cases, drink cases, Hackney carriage licences, parking tickets, speeding, whether any special reasons were prevalent when a road offence occurred such as an emergency taking place, and other road transport issues.
We details of our Road Traffic Services please see http://clarkekiernan.com/road-traffic