What are The Health Protection (Coronavirus) Regulations 2020

What are The Health Protection (Coronavirus) Regulations 2020 and how could they affect us?

The Health Protection (Coronavirus) Regulations 2020 were introduced by the Secretary of State on the 10th February 2020 to address the global health crisis caused by the Coronavirus outbreak.

The Regulations give the Government power to keep people under quarantine for the sake of national health. They are made under the powers in the Public Health (Control of Disease) Act 1984
and apply where the Secretary of State declares that the “incidence or transmission of Coronavirus constitutes a serious and imminent threat to public health, and that the incidence or transmission of the Coronavirus is such that the regulations are considered an effective means of preventing the further transmission of the Coronavirus”.
The Regulations allow for compulsory detention, isolation or quarantine.

The Regulations include a right to appeal to a Magistrates Court a decision to impose a restriction requirement.

They make it a criminal offence to:
  • Comply with a restriction or any requirement imposed under the regulation
  • Abscond, or attempt to abscond from detention or isolation
  • Provide false or misleading information intentionally or recklessly to a person carrying out a function under the Regulations
  • Fail to comply as a parent of a child subject to a restriction or requirement.

Punishment is by way of a financial penalty. 

If you have any questions about this or any other criminal matters, CONTACT US TODAY by clicking here or calling us on 01926 886 007.

 

Client Feedback

Client Feedback

We’ve recently received some excellent client feedback from two people who were recently represented by Dean Phillips and Charlotte de Rosnay.

  • From a client we represented in both criminal and family matters:

“Thank you so much for everything you all have done to help us. Charlotte and Dean, you are exceptional at what you do and without you our lives could have been so different. Carol and Ben, your emotional support and kindness was unwavering and we couldn’t thank all of you enough”.

“Everything was brilliant and you were all very professional and thank you for everything. Instructing John Onions was easy, I was give clear advise and my advocate was helpful and had time for me”.

If you need expert legal advice in both criminal or family matters then please do not hesitate to contact us on 01926 886007 or by clicking here.

 

A Great Result for Dean Phillips at Birmingham Magistrates Court

Dean attend Birmingham Magistrates last week to represent a client who had pleaded not guilty to a s4A public order offence of threatening behaviour.

The Crown needed to show that the client used threatening, abusive or insulting words or behaviour, or disorderly behaviour with intent to cause another person harassment alarm or distress. Our client denied any intention and denied using any threatening or abusive words or behaviour.


After hearing all the evidence, including two prosecution witnesses, the Bench came back with a verdict of not guilty.


An excellent result for Dean Phillips.

Driving Whilst Disqualified – Why you should take legal advice

A great result for Charlotte de Rosnay on a Driving Whilst Disqualified case at Leamington Spa Magistrates Court
Charlotte’s client was charged with Driving Whilst Disqualified. She was pulled over by the police because her car flagged as not having a valid MOT or Insurance policy in place. The police checked her driving credentials and discovered she had been disqualified from driving. She was therefore arrested and charged with the offence.
When she went to Court she instructed Charlotte de Rosnay that she had no knowledge of the disqualification and no knowledge her insurance and MOT was therefore invalid.
On speaking with the Prosecutor it was clear that there was no evidence of the initial offence leading to the disqualification but with some probing Charlotte discovered it had taken place in another County. Her client instructed that she had not been to that County before and had not given her car to anyone who may have done.
She was therefore advised to make a Statutory Declaration to the Court, stating that fact. The case out of area was reopened and evidence disclosed.  A not guilty plea was entered to the re-opened matter and a not guilty entered to the Driving Whilst Disqualified.
The new matter of Driving Whilst Disqualified was eventually withdrawn which left the out of area matter. The client received notification that the case too had been withdrawn.
This was an excellent result and may not have been possible without a solicitor to take her through the complicated process.
Driving whilst disqualified is a serious offence and a prison sentence is a possibility. It is possible to be accused even if you are not aware you had been disqualified. At John Onions we will consider your case in details and advise you of the best approach in achieving the best possible outcome for you.
If you have any questions about this matter, or any other criminal or motoring matter, please contact us here or on 01926 886007.

Not Guilty on a Common Assault for Dean Phillips

Another fantastic result for Dean Phillips – an acquittal for one of his clients at Leamington Spa Magistrates Court

Deans client was charged with a common assault dating back to December 2018. She entered a not guilty plea at Leamington Spa Magistrates Court on the basis of self defence and the case went to trial.

The evidence included CCTV, where an altercation could be seen but no assault.

After hearing all the evidence, at the conclusion of the case the District Judge commented:

“I have a feeling that something is not right then I cannot even get to the point of considering issues of self-defence. As such, the only appropriate verdict is to acquit…”

Dean Phillips worked tirelessly on the preparation of the case working with Sophie Murray of Counsel in Court.

 

If you have found yourself charged with a criminal offence, or wish to discuss any matters relating to criminal law, please contact us on 01926 886 007. Or fill in the contact form here, and someone will get back to you.

Welcoming our New Member of Staff

Ben Weldon recently joined John Onions Solicitors permanently after undertaking some work experience with us. He left his job at a bank to pursue his career in criminal law. You will find Ben in the office preparing cases, taking instructions and liaising with the solicitors and Courts. It’s great to have him on board.

 

If you need to contact Ben our any other members of the John Onions Team, you can call 01926 886007 or click here.

 

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New Smart Motorway Rules

Beware the new Smart Motorway rules

You’ve probably seen the new Smart Motorways popping up around the country. Road improvements that seem to be taking forever have been underway around Gatwick Airport on the M23, parts of the M25 have suffered delays due to work, Motorways around Birmingham have seen improvements as well as Manchester and the M1 North. It’s been a huge undertaking and is continuing still.

The new Smart Motorways use technology such as CCTV, sensors and electronic signs to monitor and control traffic, vary speed limits and close lanes in order to sooth traffic flow. Dynamic hard shoulder schemes open up the hard shoulders to take pressure off at busy times. The technology is said to improve journey times and improve driver safety. Warning signs are activated above the lanes to alert drivers to upcoming hazards or traffic jams, open or closed lanes.

New Law

On the 10th June the rules on smart motorways changed. The new rule states that any motorist driving in a closed lane marked with a red ‘X’ could be fined up to £100. Lane closures happen for a variety of reasons including emergency service access, breakdowns and accidents. Drivers are given plenty of notice with the red ‘X’ sign and variable speed limit signs shown above each lane. So using a lane marked with the ‘X’ is not only illegal but could be dangerous.

Other rules for driving on Smart Motorways
  • Keep to the variable speed limits – better technology means you’re more likely to be caught out!
  • Keep left – this applies to all motorway driving, not just Smart Motorway
  • A solid white line indicates a hard shoulder and should not be driven in
  • A broken white line shows that it is a normal lane
  • Do not drive in the hard shoulder unless the sign above states

If you have any concerns or if this affects your case please contact us on 01926 886007 or contact us here. And safe driving folks

News Update – More great results

News Updates

We’ve had some more great results in the past couple of weeks.

Lucy Tapper of Furnival Chambers once again secured a unanimous not guilty plea on a very complex conspiracy to commit arson matter at Warwick Crown Court. It was a case involving a lot of tactical decisions, so well done Lucy.

In addition, it was a very busy weekend at the police station. One of our highly experienced police station representatives managed to secure 4 no further actions, despite a push to caution on one of the matters. This is an excellent result at the police investigation stage.

If you have any queries or concerns regarding a criminal matter please do not hesitate to contact us here or by calling 01926 886007.

Lucy Tapper of Furnival Chambers secures an aquittal at Warwick Crown Court

Lucy Tapper of Furnival Chambers secures unanimous acquittals at Warwick Crown Court for ten counts of alleged historic childhood sexual abuse for our client, dating back to when he was a teenager (now 48). As with all cases of historic childhood sexual abuse, it was a complex case which took months of preparation.

This is what our client had to say:

“Thank you so much for all your help and support. Rena, please pass on my thanks to Charlotte, Carol and Lauren. You all did your absolute best”.

 

Please contact us if you have any queries or questions, or need the advice of a criminal solicitor. You can contact us here or call 01926 886007.

 

Pete Gotch’s Success in Loughborough Magistrates Court

Pete recently travelled to Loughborough Magistrates Court for a lorry weight restriction trial.

The case involved a lorry driver who was accused of driving through a lorry weight limit area. A conviction for such an offence would have cost him his job and therefore his livelihood. Pete worked tirelessly at gathering the information needed to prove that his client was not driving, and was simply loading his lorry. Mr H was therefore found not guilty after trial. As the client was paying privately a defence costs order was awarded for the clients costs.

After trial Mr H said “I knew Pete was the best. Thanks to John Onions Solicitors. This was a matter of principal for me and I’m so glad we won. Pete demolished the Prosecution, it was really something to see”.

If you have any queries, or face your own trial in the Magistrates or Crown Court you can contact Pete Gotch here