How is the criminal justice system adapting to the coronavirus pandemic?

Posted by Dan T on

While all areas of business are affected by the COVID-19 outbreak, essential services such as courts and tribunals must ensure minimal disruption to the lives of the public. The criminal justice system is an integral part of society, and as a result, has had to adapt and adopt new working methods to continue running.

In coordinating the response to the coronavirus outbreak, the government and the courts and tribunals service has had to consider:

  • How best to minimise the impact of the virus on the judiciary, court staff and users of the courts and tribunals service
  • How best to ensure that specific sites can remain open or make alternative arrangements for priority and essential services
  • How to ensure minimal disruption to non-priority services at this time

How will I know what is happening with a trial I am involved in?

If a case you are involved in is affected by new measures, you will be informed in the usual way – normally by telephone or email.

It is the role of the judiciary to determine whether a hearing will go ahead at this time, and also whether video link or telephone link would be appropriate in the circumstances. The judiciary may also consider adjournment or other alternatives.

The courts and tribunals service, the police, and the prosecution service are working to ensure that witnesses and victims are kept updated on changes to trials and hearings, and provided with adequate support on how they might provide evidence.

What types of hearings will be a priority?

Generally, issues pertaining to deprivation of liberty, the rights of an individual, welfare, and public safety are deemed to be a priority. In the criminal justice system, examples of hearings which will be a priority include all hearings related to bail, detention, and custody, as well as urgent matters such as domestic violence, search warrants and terrorism.

Much of the work relating to these hearings is now carried out remotely. Sentencing hearings, bail applications and extension of custody time limits can now be carried out by video link where possible and appropriate.

JURY TRIALS

No jury trials are taking place at the moment, as it is a priority to keep court staff and users safe from the threat of coronavirus. However, the government, as well as the courts and tribunals service, is continuing to review the situation. Jury summons are still being sent, to ensure that when jury trials start up again, there will be jurors available.

TELEPHONE AND VIDEO HEARINGS

Criminal courts have had video link functionality in place for some time, with vulnerable witnesses and others giving evidence that is either pre-recorded or by video link.  The use of video in trials is set out in existing legislation, but new emergency legislation has extended the circumstances under which video or audio technology may be used in trials.

Where possible, hearings will be conducted via video link and the courts are increasing capacity for such hearings on an ongoing basis. At present, it is not feasible for jury trials to be conducted via video link while ensuring adequate access to justice.

MEDIA AND PUBLIC ACCESS TO COURT HEARINGS

It is important that the media still have access to court hearings, and that the public can view trials in some way. Journalists and media representatives may still attend court proceedings where it is safe to do so.  Channels will also be available for the media and the public to view virtual court hearings.

Observing strict social distancing in Scottish courts

In Scottish Courts, conducting only priority and emergency business has greatly reduced the number of the judiciary, staff members and court users in court premises. In court buildings, strict social distancing measures are in place, with those attending court buildings being encouraged to “take personal responsibility for social distancing. Protect your personal space and respect others’ personal space”.

Video criminal custody hearings now take place by video links to police stations, and SCTS, COPFS and the Law Society are working in collaboration to enable all hearings to proceed by telephone or video link.

Over the Easter period, all ten of Scotland’s Sheriff Courts dealt with custody hearings. The digital team also worked to set up remote devices in the homes of judges and to configure new ways of remote working.

SCTS Chief Executive Eric McQueen, said:

“The Faculty of Advocates and the Law Society are rightly both challenging and collaborative in helping to find solutions. The measures we are putting in place this week are a big step forward, however, while we remain in lock down, any steps must be proportionate to the requirement to protect public health.”

Contact our Criminal Lawyers in Glasgow

For further advice and support in relation to attending court, or any other criminal law query, contact us today on 0141 378 2560

This guide does not constitute legal advice and is provided for general information purposes only. If you require specific legal advice you should contact one of our lawyers who can advise you based on your own circumstances.

Please note this information is accurate as of 01/05/2020 and is subject to change as official guidance is adapted to reflect the implications of the virus.

Coronavirus: The possible future of criminal proceedings via video links

Posted by Dan T on

The COVID-19 outbreak has required organisations all over the world to adapt to new ways of working. The Scottish Criminal Courts are in the same position, and as an essential service, the courts must adopt modern technology to continue to function. However, unlike other businesses, the courts face the distinct challenge of balancing the right to a fair trial, with dispensing justice.

The Coronavirus Act 2020, and the Coronavirus (Scotland) Act 2020, introduce several new measures and practices designed to keep the public safe while allowing the courts to run in this unprecedented era. Significant consideration has been given to the increased use of video links for both witnesses and the jury. In this article, we look at the existing use of video in Scottish Courts, and how this might be utilised during the coronavirus pandemic.

Video links and Scottish Courts

While many businesses are only now moving to conduct meetings by Zoom, Skype, Microsoft Teams or other platforms, the courts have had video conferencing functionality in place for some time. The use of video in trials is set out clearly in legislation. Still, the new emergency legislation extends the circumstances under which video or audio technology can be used in trials.

In introducing the new measures, the Government stated that the overarching aim is to make sure the Courts “can continue to function and remain open to the public, without the need for participants to attend in person.”

What has been the approach of the Scottish Courts?

The approach of the Scottish Courts has been to delay criminal trials where possible and suspend trials which require a jury (solemn trials). Initially, it was proposed that jury trials could take place via video link. However, the Scottish Government stated there would be “significant legal, technical and operational challenges” and that it would not be achievable within the time constraints available”. The Scottish Courts and Tribunal Service (SCTS) has stated that the situation will be reviewed regularly.

However, the first online hearings in response to the COVID-19 outbreak have begun to take place in Scotland (week commencing April 21st 2020). The SCTS has been working with the judiciary, court staff, and the Faculty of Advocates to create the Court of Session virtual court. In most cases, legal representatives will take part in custody hearings remotely, meaning that they will not be required to attend court and can avoid travel.

All those held in custody who were confirmed to have, or suspected of having COVID-19 would attend hearings via video link from the court to police custody. SCTS intends to continue to increase the number of appearances via video link until all custodies are conducted via video link. Once this has been achieved, it would be possible for all custody cases to proceed with the relevant parties participating remotely.

Are the new provisions sufficient?

There has been much discussion around the use of video link, in particular, whether the new legislation provides sufficient protection for the rights of the defendant, as well as safeguarding the principles of open justice.

The defendant’s right to a fair trial should be carefully considered before the video, or audio trials are conducted. A commonly cited example is the defendant’s right to have a confidential conversation with their lawyer or legal representative. A trial conducted by video or audio link, where the defendant and their legal representative are in separate physical locations may not always guarantee this essential part of a fair trial.

Secondly, the reliability and quality of the technology used by the courts may be called into question. There has been a lack of investment into this type of technology as well as into the training of court staff. The result is that it may be challenging to implement the required level of technology and skill needed to enable audio or video link quickly. Without the correct infrastructure, the courts might struggle to use video or audio link effectively during the coronavirus crisis.

The situation and response to the COVID-19 pandemic are changing rapidly, and so it can be challenging to plan and predict how the criminal justice system will respond. It is encouraging that courts are being given the power to expand the use of technology to adapt to new ways of working. However, the rights of the defendant must continue to benefit from the safeguards of a carefully considered approach to dispensing justice.

Contact our Criminal Lawyers in Glasgow

For further advice and support on this topic or any other criminal law query, contact us today on 0141 378 2560..

This guide does not constitute legal advice and is provided for general information purposes only. If you require specific legal advice you should contact one of our lawyers who can advise you based on your own circumstances.

Please note this information is accurate as of 01/05/2020 and is subject to change as official guidance is adapted to reflect the implications of the virus.

Scotland in grip of national emergency as drugs epidemic tears apart generation

Posted by Matthew Berlow on

Scotland’s failure to counter its growing drugs menace has become a national emergency.

A death rate which was slipping out of control as far back as 2007 has now reached epidemic proportions – especially when compared with our European neighbours.

Starting tomorrow, the Record will publish a new series of articles which will ask: What can be done about
Scotland’s drug deaths?

Featuring many voices and perspectives, we will speak to academics who are at odds with each other’s
ideological stances, as well as GPs and recovery specialists running residential abstinence programmes.

We will also feature heart-rending tales from ordinary people whose lives have been blighted by drug dependency – including long-term drug users and their families.

Their revelations make clear that, for every life lost to drugs, there are many others blighted by the mental scars associated with tragedy – sisters, brothers, sons, daughters, mums , dads and more.

Some of the questions asked include:

● Have the benefits of the methadone and other opiate replacement therapies been shattered by the explosion in cheap street drugs?

● Are too many people “parked” on methadone for decades?

● Should more funds be set aside to bring more people into properly supervised ORT regimes, rather than be driven to street drugs?

● Is it right that the UK Government believes a lifetime on methadone might be regarded as a successful outcome for some?

● Should drugs laws be devolved and should this lead Scotland to decriminalise drug possession, set up safe consumption rooms and move to genuinely radical action?

● Is decent housing the key to meaningful lives and should this become the focus of massive Government funding?

● Should we fund more long-term residential abstinence-based detox programmes?

● Should we promptly establish a proper register of how many people are on methadone and ascertain how many are moving towards a life free from drugs?

 

Our forum will feature politicians and GPs whose jobs have given them first-hand knowledge of the way drugs are wrecking the lives of their patients and constituents. And we will investigate genuinely radical moves that are being made on a small scale to bring life skills to those prepared to be abstinent on long-term residential, community-based programmes.

The Record has heard many stories over the years of people whose only wish is to get clear of methadone, amid claims by many they are being “held” – sometimes against their will – on such programmes.

A review of methadone in 2013, after our series of stories, promised much but resulted in no improvement.

The number of methadone deaths rocketed from 237 at the time of the inquiry to 2013 to 439 in 2017. Heroin related deaths more than doubled in the same period and benzo-diazepine deaths rocketed from 196 to 552, as street “benzos” like diazepam and etizolam took hold of Scottish streets with devastating effect.

Many academics and GPs stress the huge risk of overdose and relapse for those who try to get free of drugs too quickly.

Prominent experts believe reducing the stigma against drug addicts is the best way to begin solving the problem.

The Record accept there is no easy solution.

 

Source: Scotland in grip of national emergency as drugs epidemic tears apart generation

Backlash after BBC Scotland recruit Nazi dog salute’

Posted by Matthew Berlow on

Backlash after BBC Scotland recruits Nazi dog salute’ criminal Mark Meechan leaves Airdrie Sherriff Court. Picture: SWNS Published: 09:48 Updated: 09:52 Sunday 03 March 2019 Share this article Sign Up To Our Daily Newsletter Sign up New Age Entrepreneurs: why retirement can be the perfect time for a new enterprise A number of people reaching retirement age are realising that their hobbies can fast become a fulfilling pursuit during retirement. Read More Promoted by 0 HAVE YOUR SAY BBC Scotland’s new digital channel is facing a major backlash after recruiting a criminal who taught his dog to perform the Nazi salute. Mark Meechan will be allowed to air his right-wing views next month on the taxpayer-funded channel, despite his conviction for a “grossly-offensive” hate crime last year. The appointment will outrage members of Scotland’s Jewish community, who already feel vulnerable to what they perceive to be a rise in anti-semitism in the country. Meechan, 31, caused an uproar when he uploaded a video to the website YouTube showing his girlfriend’s pug dog doing the ‘Sieg Heil’ salute alongside obscene Nazi imagery. PEUGEOT 208 Tech Edition. With Park Assist, Active City Brake & reversing camera. Everyone needs a hand in the city. Promoted by Peugeot 208 The provocative blogger, from Coatbridge, in Lanarkshire, also chanted variations of the phrase ‘gas the Jews’, repeating the slur around 23 times in a few minutes. Just this week Meechan boasted to his social media followers that he was still refusing to pay the £800 fine handed to him by a judge at Airdrie Sheriff Court. Meechan will star alongside reality TV personality, James English, and Edinburgh-based dominatrix, Megara Furie. Glasgow Friends of Israel member and prominent Scottish lawyer, Matthew Berlow, said he could not believe that Meehan, who he accuses of making light of the Holocaust, is being given such a public a platform. READ MORE – Swimmer David Wilkie: Should mere mortals like Andy Murray be given a knighthood? He said: ‘It is absolutely sickening and disgusting. Anti-Semitism is a very difficult subject but we Jews know what it looks and feels like. ‘I know that anti-Semitism has become very popular but I don’t think that [Meechan’s politics] can be described as a ‘view’. The Holocaust is no laughing matter.’ Mr Berlow added: ‘We are entering a time now where the generation of Holocaust survivors is dying out. The internet is now becoming a breeding ground for idiots like this. It’s a very great shame. ‘There’s a difference in making fun of Hitler and making fun of gassing six million Jews.’ Man arrested after a suspected stabbing in Edinburgh Swimmer David Wilkie: should ‘mere mortals’ like Andy Murray get knighthoods? The controversial BBC Scotland programme will air in April and will see four people with strong opinions take on the world’s most hotly contested topics each episode. Unlike a panel show, it is up to the regular contributors to lead and present the show and debate between themselves – in the comfort of a living-room style set up, according to one source. Megara Furie, who has previously said she charges clients £150-a-time said of the programme: ‘It’s really getting into the nitty-gritty of things. There were arguments, there were times when we all agreed and there were times when we all vehemently disagreed.’ Last night Scottish Conservative shadow culture secretary, Rachael Hamilton, said that the Corporation needed to reconsider its decision to give Mark Meechan a slot on national television. She said: ‘The promotion of this individual in any BBC programme would seem to be entirely against the BBC charter. ‘If BBC Scotland wants to retain the goodwill of its many audiences it really should reconsider this decision. ‘It would be berlowastonishing if the BBC, in any capacity, was to give a platform to someone convicted of a hate crime.’ Although Meechan’s appeal was not accepted, it is thought he has still not paid his fine. When contacted by the Scottish Mail on Sunday about his co-starring role on the BBC Scotland show, Meechan declined to comment. Last night the BBC said: ‘We had a broad range of contributors in for the recording of a new late night format in which a wide variety of issues are debated and opinions are challenged. “The production is currently in the edit where the content of the programme will be decided, subject to the BBC’s robust editorial review and compliance procedures. “We don’t discuss payments to individuals. When a fee is paid in relation to a production it is in line with standard industry practice.’

 

Read more at: https://www.scotsman.com/news/backlash-after-bbc-scotland-recruit-nazi-dog-salute-criminal-1-4882454

SLAB (Scottish Legal Aid Board) vs The Law Society – what is the difference

Posted by Matthew Berlow on

Getting free legal advice

The Scottish Legal Aid Board (SLAB) provide funding so that everyone who needs access to a criminal lawyer in the police station will get the help they need. If you’ve been arrested or are being investigated by the police, you can access assistance from a criminal lawyer for no cost at all, in some cases. It is not available for minor driving matters.

When you need legal aid or help with criminal law, time is of the essence. An arrest can happen at any time and you may need help outside of normal working hours. If you’re detained at a police station during the night or in the early hours of the morning, don’t worry. SLAB ensures there is funding available for 24-hour help, so you can contact criminal lawyers at any time of the day or night.

Scottish Legal Aid Board (SLAB) vs The Law Society Of Scotland

All qualified, practising lawyers are regulated by the Law Society of Scotland so you can be sure you’re getting help from a reputable criminal lawyer.

The Scottish Legal Aid Board also provides contact information for criminal lawyers who accept legal aid payments. It is the Scottish Legal Aid Board that ensures that Scots get fair access to the law and representation if they are low on funds.

Citizens Advice Scotland is also a great place to find resources and help if you’ve been arrested or charged with a crime.

24 Hour Criminal Law Advice

When you’re arrested, however, you may not have the time or the ability to trawl through lots of profiles to access help with criminal law. Fortunately, you won’t need to. With one simple call, you can get help from experienced criminal lawyers.

We’ll attend the police station so you can benefit from our advice before and during any police interviews, and we’ll also help you to apply for additional legal aid in Scotland if it’s necessary to do so. We’ll even provide detailed information about the legal aid Scotland application process and what type of help SLAB entitles you to.

Although the legal aid application process is fairly uncomplicated in the majority of cases, facing a criminal charge is a stressful time and it shouldn’t be made more difficult by money worries or financial issues. With our criminal lawyers at your side, you can be sure you’ll get the help and advice you need.

The Scottish Legal Aid Board and the Scottish Law Society are committed to providing criminal law advice to everyone, no matter what your financial situation is.

 

A Millionaire would get free Police Station representation with SLAB!

Posted by Matthew Berlow on

Get your charges dismissed/reduced with Legal Aid

Having to appear at a Sheriff court or a Justice of the Peace court can be a scary and overwhelming experience, and even being interviewed in a police station can be daunting. If you’re facing a criminal charge or are likely to be questioned by the police, it’s essential you seek legal advice and assistance.

By getting help from criminal lawyers, your charges could be reduced or even dismissed completely, and this could put an end to any on-going criminal investigations. The Scottish Legal Aid Board (SLAB) puts everyone on a level playing field when it comes to criminal law, and you have every right to have a lawyer with you when you’re being questioned by the police. It is also FREE. Even Alex Salmond would get his police station interview funded by the Scottish Legal Aid Board (SLAB).

SLAB routinely dispenses funding for individuals who have been charged with crimes and this legal aid will ensure you can access advice from a criminal lawyer regulated by the Scottish Law Society. With the Scottish Legal Aid Board providing a whole host of resources online, you should find it easy to get the help you need.

As well as having an in-depth knowledge of criminal law, your SLAB funding will provide you with a legal professional who has extensive experience of working within the criminal justice system. This means they’ll know if your charges can be reduced or dismissed. Often, the right legal advice can put an end to your legal problems straightaway and it’s available completely free of charge!

Should you contact SLAB?

When you’re detained by the police you will not have to contact SLAB to confirm your eligibility for legal aid funding. You’ll have the right to access a criminal lawyer so you should be able to get legal advice straightaway. In many cases, this will be all you need to bring matters to a close as your specialist criminal lawyer will attempt to have the charges against you dropped or dismissed as quickly as possible.

If matters progress, there’s further help available and legal aid Scotland will ensure you have representation in court if you’re charged with a crime. It’s easy to apply for legal aid in Scotland and our experienced legal team can help with Scottish Legal Aid Board forms and applications when they’re needed.

With initial legal advice available free of charge to everyone, there’s no need to delay getting the help you need. Before you speak with the police, admit to any charges or accept any direct measures, take advantage of the funding from SLAB and seek free legal advice.

To find out more about securing legal aid in Scotland from SLAB, contact our team today on one of the numbers above.

Drugs in Scotland 2019 : The problem continues

Posted by Matthew Berlow on

Scottish criminal law – drugs

The Scottish Parliament highlighted just what severe and longstanding problems we have with drugs misuse in Scotland when the Road to Recovery Drug Strategy was launched back in 2008. Despite this programme, recorded figures for 2015 showed a spike in drug-related deaths, giving a total of 706.

Increase in drugs uses in the West of Scotland.

Here at Graham Walker Solicitors, we’re fully aware of just how big a problem drugs still are in Scotland, as our caseload has increased considerably over the past 20 years. We are experts in criminal law and can provide you with a professional lawyer if you’ve been charged under the Misuse of Drugs Act.

Our sympathetic and knowledgeable lawyers have all the expertise needed within this complex arena of criminal law. Although many cases we deal with have related to the use of cannabis and weed cultivation. We have also handled criminal law cases relating to heroin, valium/ Xanax, steroids, legal highs, sleeping tablets and a lot more.

How we can help with your drugs charge in Scotland

We understand the real trauma experienced by friends and families due to the compulsion to take drugs that impacts drug addicts, and we also appreciate all the factors that can drive anybody to supply drugs commercially. Our understanding lawyers are not here to judge you but have a sincere interest in assisting clients charged with drug-related offences.

If you’ve never involved in any criminal charges related to drugs in the past, you may just be charged with one offence by the police. However, there are certain serious drugs offences which can result in long prison sentences.

Let the professional criminal lawyers at Matthew Berlow at Graham Walker Solicitors handle your Scottish drugs offence problem at the very earliest opportunity. This way, we will have plenty of time to prepare your defence and manage all related legal issues.

We handle all kinds of drug-related offences, including Possession, Possession with Intent to Supply, Cannabis Cultivation, charges if you’re concerned in the supply of a Controlled Drug and also Allowing your Premises to be Used for the Production or Supply of Illegal Drugs. Drug trafficking charges are extremely serious, as they often relate to large quantities of illicit drugs or individuals smuggling drugs through customs at airports or ferry terminals. If you’re charged with a drugs traffic offence, it’s possible you could face a long term in prison.

Our expert lawyers can offer you comprehensive advice that could make a difference between an acquittal or a conviction, so don’t hesitate to get in touch with a Criminal lawyer at Matthew Berlow at Graham Walker Solicitors to find out more.

 

Mum fights extradition to USA from Scots jail over alleged kidnapping plot

Posted by Matthew Berlow on

ASYLUM RIDDLE

American mum claims to be British government agent fights extradition to the USA from Scots jail over alleged kidnapping plot

Valerie Hayes, 38, faces charges of conspiring to snatch two children during an armed raid in the States

EXCLUSIVE

By Matt Coyle

2nd March 2019, 11:12 pm

Updated: 2nd March 2019, 11:16 pm

AN American mum who claims to be a British government agent is fighting extradition to the US from a Scots jail over an alleged kidnapping plot.

Valerie Hayes, 38, faces charges of conspiring to snatch two children during an armed raid in the States.

 

Valerie Hayes

But she claims she was working for the UK security services in Northern Ireland at the time.

And after appearing at Edinburgh Sheriff Court to fight the order to return, she said she was set up by her ex-husband, a high-ranking US intelligence officer.

Speaking from the city’s Saughton nick she protested her innocence — and told how she fears being killed if she goes home to the US.

She said: “I have a case for bail should I wish to pursue it, but have refrained from doing so thus far.

“At the very least I am safe — I would voluntarily deprive myself of liberty for a lifetime on remand in a Scottish prison if it meant being kept safe.”

 

Ms Hayes believes she has been framed by former partner Robert D Hayes, a high ranking intelligence officer in the US military with security clearance just one level below that of the President.

The behavioural analyst, who has also worked for the American government, previously accused her ex of tying her up and stabbing her repeatedly — and claimed there was a cover-up after he was completely cleared by prosecutors.

She and two others were arrested in Scotland in November by cops acting on a warrant from the American authorities.

Ms Hayes has been kept at HMP Edinburgh as she fights the official request to return her to the States.

She originally fled her homeland in 2014 and sought asylum but was advised that she was almost certain to be refused as she is American.

The mum of four claims she was offered an alternative deal and recruited by the British Government.

Ms Hayes added: “I feel I have no option but to go public in this way.

“My hope is that the light will make it impossible to be forced back into the hands of a country that would rather see me as collateral damage.”

At a preliminary extradition hearing on Thursday, her solicitor Jelina Matthew told the court her client’s asylum file has not been released by the Home Office — which is almost unheard of in extradition cases.

Ms Matthew told the court: “I’m having issues obtaining Ms Hayes’ asylum file. I’ve been told by the Home Office that her file is restricted which is somewhat unusual.

“My client is claiming she was granted leave to remain. I need access to the files to find out on what grounds this was granted.”

 

Afterwards, Ms Matthew said: “Valerie Hayes maintains she came into the UK in 2014 whereby she claimed asylum as she faced inhuman, degrading treatment, torture and persecution from her husband who held a high ranking position in the US military.

“Valerie has clearly stated that her biggest fear is to return to the USA. She would rather spend her entire life in a Scottish prison.

“Valerie claims to have been granted four years’ leave to remain in the UK but this grant was outwith the asylum route.”

The lawyer added: “Her asylum/immigration file is still being held by the Home Office despite efforts being made by her MP Alison Thewliss to retrieve this for her.

“The Home Office can impose entry bans to individuals who have previously breached immigration law.

“Bans can last one year, two years, five years or ten years but Valerie Hayes claims to have entered and exited the UK without any difficulty.”

 

Source: Mum fights extradition to USA from Scots jail over alleged kidnapping plot

Benefit Fraud Glasgow

Cases of benefit fraud bring fines and jail sentences for Scottish defendants

Posted by Matthew Berlow on

Benefit fraud cases are on the rise

A conviction for benefit fraud can have serious and far-reaching implications for your life. Any number of people can find themselves in need of legal advice from a criminal lawyer on how to defend against an allegation, and a poor defence can be crippling.

That’s why Graham Walker Solicitors are here to help. We are specialist benefit fraud lawyers.

Benefit fraud in the West of Scotland

One recent case in the Glasgow Sheriff Court found social worker Deborah Carmichael, 47, guilty of claiming over £67,000 of benefits due to a number of mental and physical illnesses. Her crime was “knowingly failing to give prompt notification” to the DWP when her condition improved. She was jailed for 16 months in a case that was likely to have serious implications for her professional life.

Margaret Weir, 48, of Hamilton was also found guilty of illegally claiming benefits in a recent case. She received £104,000 of income support and £28,572 of housing benefit between 2005 to 2015 before it was discovered she was receiving additional income from her ex-husband. She was sentenced to a 12-month community payback order, with supervision and 200 hours of unpaid work.

Sentences for benefit fraud

There have been cases where the courts have taken a softer stance. Sharon Stobbart, 38, was recently up before an Airdrie court for claiming almost £20,000 in benefits. She had married and was living with her husband, who had his own income without informing the authorities, the court heard.

In her case, her defence lawyer pleaded that Stobbart’s infant daughter should be considered when looking to her sentence. This was successful, and she was instead given a community payback order and put on tag. As you can see, the value of a good criminal lawyer in these cases cannot be underestimated.

What is benefit fraud?

The law in Scotland refers to the rules laid out in Section 111A(1A) of the Social Security Administration Act 1992. This says that a person may be accused of benefit fraud if they:

• Have not reported a change in their circumstances (where it needs to be reported)
• When that person knows they should report the change
• When that change would affect their entitlement to benefit payments
• When that person doesn’t report the change quickly for dishonest reasons

Benefit fraud sentences in Scotland

As you can see from the above cases, there are a wide variety of sentences available to judges. If there are multiple people involved in a ring that seeks to defraud the government, then a jail sentence of more than two years is “inevitable.” In single cases where the overpayment is less than £20,000 then a jail sentence of fewer than 12 months might be appropriate. Community service orders can be used in cases where the financial gain is less than £5,000. Jail sentences are not advised (but are possible) for cases between £5,000 and £20,000.

Representation at DWP Interviews under caution

We attend DWP offices In Glasgow, Edinburgh and Kilmarnock regularly. 

Can I get legal aid?

Graham Walker Solicitors legal services cover a large area of the west of Scotland, including Glasgow, Ayr, Kilmarnock, Coatbridge, Airdrie, Hamilton and Motherwell. The current Scottish legal aid rules mean fees and costs for court cases may be covered by the government and we can help provide all the necessary information. You may need to provide your wage slips or bank statements to support this application.

We excel in negotiating with the prosecution lawyers in bringing the amount of the fraud down in order to avoid a jail sentence. We recommend that you get on the front foot with the matter and engage with the prosecuting authorities.

Being accused of benefit fraud can be a scary and confusing time. The best thing to do is get some proper legal advice and understand what’s going on. Graham Walker Solicitors are ready to take your call.

Speak to us now.