Legaleagle Training
CRIMINAL BREACH PROCEEDINGS IN 2023 – THURSDAY 26TH OCTOBER 2023 – 16:00 – 17.00: - COST - £75 + VAT
This 1-hour ZOOM presentation by Colin Beaumont will be of benefit to anyone involved in advising clients in this somewhat tricky area of law.
You might be advising as the Court Duty Solicitor in the breaches Court, or with an Own Client at the Magistrates’ Court or the Crown Court or you might be advising the client in the office
It will be accompanied by a full set of notes.
The Presentation will deal with 25 issues and will cover issues often raised in emails to me – 4 classics being:
1 – Can we claim a FEE when dealing with breach proceedings? – If so, what is it and where is the authority?
2 – Does the commission of a new offence put a client in breach of their Community Order?
3 – When the proceedings are contested, who bears the burden and to what extent must that burden be discharged?
4 – Where do I find all this stuff!! (tucked away in rather obscure Schedules I’m afraid) – all Sections and Schedules will be included in the materials
DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) – YOU WILL STILL GET THE FULL SET OF NOTES AND THE RECORDING WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE FROM THE LINK OR AT ANY TIME ON OUR YouTube CHANNEL
Anyone wishing to attend the session (or wishing to have the full set of notes and the recording afterwards without ever attending) should simply click here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – (07887) 842985 and book a place.
The following 25 issues will be considered:
1 – The powers of the Magistrates’ Court when someone has been found to be in breach of their Domestic Violence Protection Order
2 – How the above powers will alter dramatically once Domestic Abuse Protection Orders come into force under the Domestic Abuse Act 2021
3 – The powers available to the Magistrates’ when someone has breached a Community Order made in the Magistrates’ Court
4 – The powers available to the Magistrates’ when someone has breached a Community Order made in the Crown Court
5 – The powers available to the Crown Court when someone has breached a Community Order made in the Magistrates’ Court
6 – The powers available to the Crown Court when someone has breached a Community Order made in the Crown Court
7 – The powers available to the Magistrates’ when someone has breached a Suspended Sentence of Custody (imprisonment or YOI) made in the Magistrates’ Court
8 – The powers available to the Magistrates’ when someone has breached a Suspended Sentence of Custody (imprisonment or YOI) made in the Crown Court
9 – The powers available to the Crown Court when someone has breached a Suspended Sentence of Custody (imprisonment or YOI) made in the Magistrates’ Court
10 – The powers available to the Crown Court when someone has breached a Suspended Sentence of Custody (imprisonment or YOI) made in the Crown Court
11 – Committals for sentence regarding breaches under the Sentencing Act 2020
12 – Will the commission of a new offence committed during the currency of a Community Order put that person in breach of their Community Order?
13 – Will the commission of a new offence committed during the currency of a Suspended Sentence of Custody (imprisonment or YOI) put that person in breach of their Suspended Sentence of Custody (imprisonment or YOI)
14 – Who bears the burden where the breach is denied?
15 – Are the proceedings Category 1 or Category 2 in the Magistrates’ Court?
16 – Would it ever be possible to ask the Court for a Defendant’s Costs Order (DCO) in the event of representing a client privately and winning the case in the Magistrates’ Court?
17 – What might the Court consider doing with an existing Community Order where they impose custody on today’s offence?
18 – As you know, the test for the imposition of a Community Order is that the offence or offences are ‘serious enough to warrant some form of community penalty’ – the test for the imposition of a Custodial Sentence is that the offence or offences are ‘so serious that nothing other than custody can be justified’ – if the person has wilfully and persistently failed to comply with the terms of their Community Order, would it be possible for the Court to revoke the Order and to re-sentence on the original offence(s) to a term of custody, albeit the original Court which imposed the Community Order did not consider that the offence(s) had reached the threshold test for the imposition of a custodial sentence?
19 – What does your latest 2022 Standard Crime Contract Specification document (August 2022) say about making a claim for a fee when the client faces breach proceedings?
20 – In what 2 CIRCUMSTANCES might a person find themselves in breach of their Suspended Sentence of Custody (imprisonment or YOI)
21 – What are the powers of the Court where someone is found to be in breach of their Criminal Behaviour Order?
22 – What are the powers of the Court where someone is found to be in breach of their Sexual Harm Prevention Order?
23 – What are the powers of the Court where someone is found to be in breach of their Restraining Order?
24 – What are the powers of the Court where someone is found to be in breach of the terms of their Supervision or has committed a Further Offence during the supervision period of their Detention and Training Order?
25 – What are the powers of the Court where someone is found to be in breach of their Referral Order by the commission of a further offence committed during the period of their Referral Order?
It will be a 1- hour live and interactive session conducted via ZOOM. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email and you click on the link. It could not be simpler.
IMPORTANT
PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF
Invoices will be sent after the presentation and our normal terms of business apply i.e. PAYMENT WITHIN 14 DAYS – the cost for each person attending or purchasing the recording is £75 – if you have attended the presentation there will be no additional charge for a copy of the recording