In recent months many public demonstrations have hit the headlines of the world’s media and at the centre of these headlines if often the rights that individuals or groups of people have when holding a demonstration, march or procession. Within this blog post I will run over your rights regarding marches and processions in public regarding how the police or authorities handle you and how you must organise a procession to hold it lawfully.

What is a Procession?

Firstly you must understand what the term “procession” means. The Public Order Act labels a procession as a group of people moving along a route; however, the act does not clearly state the minimum number of people who are categorised as a procession. However, in general a procession is categorised as a group of individuals moving along a single route.

What Rights do The Police Have over Processions?

Police currently have extensive control over processions across England. Police are able to place conditions and even ban a procession from taking place if they believe the correct procedures have not been followed by the organisers of the processions or its puts the public at risk. Furthermore, if you do not comply with the ban or conditions imposed by the police it is in-fact a criminal offence.

The police retain the right to make conditions when the procession is under way; however, these decisions can only be made by certain authorities within the police force. However, the POA say that conditions can only be put in place if serious public disorder takes place, serious damage to property or if serious disruption is caused to the community life. Furthermore, all conditions given must be in writing.

What Procedures Must a Procession Organiser Follow?

In order to hold a legal procession there are multiple procedures which must be followed. The first is to notify the local authorities (Police, Ambulance etc.) of the procession and make them fully aware of the route of this procession and the reasoning behind it. This is especially important in regards to political marches.

The act then goes on to note that advanced notice should be given if the procession aims to make the public aware of a campaign, oppose or support the actions of any group, show support of any groups and to mark or commemorate an event.

When giving advanced notice it must be given in writing and within the document contain the date of the procession, the time of the procession,  the intended route of the procession and the name and address of the procession organiser.

The notice must be delivered to the police station close to where the procession will take place and at least six days before the procession will take place. However, if the procession is planned at short notice the organiser must hand in the notice by hand before the procession takes place.

If the advanced notice is not handed in as required this is a criminal offence; furthermore, if the date, time and place on the notice is different to that of the procession this is also a criminal offence on the part of the organiser.

While the rights of the organiser and individuals taking part in a procession to differ dependent on the location (e.g. private property)  or the reason for the procession and aims of the procession, the rights above are universal unless otherwise stated within the Public Order Act of 1986.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

Aston Bond Law Firm is pleased to announce that they and Kurt & Kocak Consultancy Limited, which is a highly regarded consultancy firm in Turkey, have agreed to forge alliances together in order to provide better services to their clients.

Tulin Kiranoglu-Hamit who is registered in Istanbul and the London Bar Association (tkiranoglu@astonbond.co.uk; +44 (0)1753 486 777) provides  valuable legal services to many Turkish clients based in either in Turkey or in the United Kingdom. Mrs Kiranoglu-Hamit primarily specialises in international aspects of taxation and company law. Aston Bond Law Firm will also be offering discounts to Kurt & Kocak Consultancy’s clients to strengthen their partnership.

We hope that this partnership will be beneficial for our respective clients.

Tulin Kiranoglu, Tax Advisor & Solicitor

tkiranoglu@astonbond.co.uk

From today careless drivers on the roads of the Britain can now be fined on the spot if seen driving recklessly or carelessly. The fine can be anything up to £100 in addition to three points on their drivers licence.

In addition to this change, current fines will be increased; if seen using your mobile phone when driving you can now be fined £40 more than usual (£100) or if seen not wearing a seatbelt securely you can also receive a fine of up to £100.

These changes are an attempt by government and local authorities to drop the number of small cases going through court as the UK legal system is put under further financial strain. However, larger road incidents will continue to go through the courts.

People who are caught breaking road traffic laws have two options. The first being to take an on-the-spot fine of up to £100 plus three points on their licence; the second option is to take a road safety driving course.

While many see the changes as a government money spinner it is also likely to make drivers more cautious of dangerous or careless driving; and the roads safer.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

As the UK government prepares to shake up criminal legal aid further, more firms appear to be collapsing under the growing financial pressure. Yesterday, a leading criminal defence firm voluntarily applied for administration. Carney Solicitors, based in Stoke-on-Trent closed its offices earlier last week and announced yesterday that they would be voluntarily entering administration; after 15 years of acting as a leading criminal defence firm.

The firm went on to say that the primary cause behind this decision were the changes in legal aid. However, a spokesman for the Legal Aid Agency went on to say, “Our priority is to work with the firm to ensure its small number of client cases are passed onto one of the many local criminal legal aid solicitor firms.”

The recent closure of such a prominent firm highlights the pressure that legal aid cuts are putting on the legal industry. In an attempt to save money throughout the government and UK legal system extreme cuts have been made, however, many believe that the affect will be negative in the long term with many national firms facing closure as the sector dries up with fewer options for legal aid support.

If you would like to know how recent and future legal aid cuts affect you, the client, please read our dedicated blog post highlighting the upcoming legal aid strains.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

England and Wales currently share the similar laws across borders; however, according to a new report many Welsh firms do not want national firms entering its legal sector. This comes after the government continues to push for English firms to expand into Cardiff.

Interviews carried out with Welsh firms found that many were not in any way excited by the possibility of further competition within the legal sector across Wales. As more strain is placed on smaller firms with government cut backs and legal aid cuts many now fear the potential of further competition from larger national firms.

However, the research found that many small firms were not concerned about growing competition within the sector entirely but instead the potential of national firms taking highly trained staff from their own and other smaller firms with the offer of better pay and more stable career opportunities; this in-part putting their own smaller firms at risk.
Although, the report also went on to highlight the need for Welsh firms to continue developing within the legal sector and also specialise in other forms of law in order to grow the legal sector; this in-part the reason that the Welsh government saw it as an essential economic move to welcome national firms into the Welsh legal sector.

While the legal sector is extremely competitive many believe that this competitive form of enterprise would in-fact increase both legal standards and Wales’s own economy with national firms offering more benefits to the country financially and also being able to employ a large number of residents. While smaller firms often offer less financial benefits to the government in the short and long term; the likelihood of national firms making their way into the Welsh legal sector is certainly increasing, however, not likely in the foreseeable future at this point in time.

Ashton Hudson, Online Marketing Executive
ahudson@astonbond.co.uk

On the 1st of April 2013 the UK government put into place dramatic changes to the legal aid system in both England and Wales. The changes were initially met with protest and many of the UK’s biggest law firms also went against the new system and still continue to oppose the dramatic reform today. But just how do these changes affect you?

The changes, which came into action on April 1st, make dramatic changes to the overall UK legal system and which cases can be supported with legal aid (public funding). Cases such as divorce, child contact, welfare benefits, employment, clinical negligence and housing law are no longer supported by legal aid funding. All aiming to save £350 million a year in public spending.

This means that many individuals in England and Wales will no longer be supported in a legal process for any of the above cases; these changes were met with large scale disputes from both individuals and lawyers who claim it is further damaging the UK legal system.

As reported by the BBC, almost all family law advice has been removed from the legal aid scheme which puts further strain on family’s who are unable to fund legal proceedings.

If your legal proceedings began before the 1st April, however, you will continue to gain legal aid support. However, any new legal proceedings which take place after the 1st of April will no longer gain the governments support. Both child custody and family divorces will be affected by this reform.

However, the majority of solicitors are not concerned simply about the specific cases the legal aid scheme no longer supports but instead the self-representation which will dramatically increase in courts across England and Wales. Many solicitors claim this will cause a dramatic decrease in the speed of legal proceedings and have huge effects on the UK court systems.

Many other law firms have concerns over the lateness of legal support. The changes to the system now mean that some claimants may gain legal advice too late due to funding issues; which not only slows the overall legal proceedings but also puts themselves and their families at risk.

While the effects of this reform will become much more obvious in the future many consider this to be a low time for law in the UK.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

Claims management companies are coming under fire yet again as The Claims Management Regulation Unit visits over 400 CMC’s across England and Wales to find that almost one-third may not be complying with the recent fee ban introduced back in April of this year.

Out of the 450+ that were visited by The Claims Management Regulation Unit almost one-third have been issued with notices to provide further details on how their business operates; some have also been served with enforcement notices regarding irregularities or breaches throughout their websites.

The recently introduced fee ban makes it illegal for any companies to operate with a referral fee within their CMC; this new law came into practice from the 1^st April 2013. Many CMC’s and businesses within the sector were highly concerned about the pressure this would put on companies operating within this sector and the effect has now become obvious with the number of CMC’s registered to handle personal injury claims falling by over 700 between March of 2012 and June of 2013.

However, more CMC’s are continuing to be registered with the Law Society Gazette reporting of over 600 being authorised in 2012/13; showing an increase from 591 the prior year. Although an increase has been seen it is certain that the sector is seeing growing regulations and at the same time being placed under further financial pressure.

The full report, which was published today, can be read here.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk