2023 Updates to UK Laws Regarding Serious Violence and Homicide

A representation of UK laws regarding serious violence

The United Kingdom government is adamant about decreasing the murder rates, and it is making new efforts to accomplish that in the new year. It’s making it legally necessary for all forms of public services in the UK, i.e., not just the police, to work collaboratively to determine some of the most fundamental causes of violent crimes so that the necessary governmental bodies can start from there to reduce the rates of murders. A few changes are being made, so this article highlights some 2023 updates to UK laws regarding serious violence and homicide.

The Introduction of the Serious Violence Duty

The most significant change in UK law regarding murders and serious violence is the legal requirement for various public sector organisations in the UK to share any information they possess about local incidents of violent crimes, which include the use of knives and guns and the loss of individuals’ lives, i.e., homicide. This new law is called the Serious Violence Duty, which became a part of UK law in January 2023.

Some of the public sectors that will be compelled to operate under the Serious Violence Duty include

  • The police
  • Healthservices
  • Fire services
  • Rescue services,
  • Criminal justice partners
  • Local government

These public sector organisations must work together to determine the causes of serious violence in their respective communities. Therefore, the Serious Violence Duty is community-specific. That said, the Home Secretary can intervene and encourage some sectors to do more if there’s a lack of progress from each of them.

The Police, Crime, Sentencing and Courts Act (2022)

The Serious Violence Duty is yet another attempt to work on reducing serious violence following the introduction of the Police, Crime, Sentencing and Courts Act (2022). The latter law was geared toward tackling serious violence that was focused on youth violence in public spaces. These acts of violence include crimes committed with knives and guns. It also evaluates instances of violence where there are greater threats of violence being committed—for example, county lines. The Police, Crime, Sentencing and Courts Act (2022) was also amended after its introduction into UK law to include sexual offences and domestic abuse under the umbrella of serious violence.

Additional 2023 Updates to UK Laws Regarding Serious Violence and Homicide

A few other 2023 updates to UK laws regarding serious violence and homicide include the ability for 4 police forces in the UK to stop and search individuals who have been convicted of offensive weapon offences or knife crimes in the past. These new powers will be trialed in early 2023, and if there’s a lot of opposition, it may change.

In addition, local authorities, the police, and public health bodies in 3  UK regions will collaborate to review existing and new cases of homicides that involve offensive weapons. The purpose is to identify any patterns in the offenders or violence to determine if there are any potential underlying causes that are leading to such violent crimes among specific individuals.

Immigration Rules for Illegal Immigrants in 2023

Immigration rules for illegal immigrants in 2023

The new year has marked an update in various types of laws in the United Kingdom, and immigration laws were not left out. The UK plans to make it more difficult for illegal immigrants to enter the UK so that it can control the intake of immigrants in a safe and legal way. This article provides a quick overview of the immigration rules for illegal immigrants in 2023 in the UK so that you or anyone you know who may be affected by these parts of the law is informed.

The Introduction of the Security System for the UK Borders Called e-Borders

The UK has introduced a system called e-Borders, which is a new security system for the UK borders that are designed specifically to make it more difficult than ever for illegal immigrants to enter the country without permission. The security system is based on biometrics for identity verification, which includes facial recognition technology for those who attempt to enter the UK without a valid visa or passport. This new system will be implemented at sea and land levels of entering the United Kingdom. In addition to that, at every border, there will be stronger background checks for any individual that is attempting to the UK without legal permission to do so.

Stricter Punishments for Employers Who Hire Individuals Who Are Considered Illegal Immigrants in the UK

Another crucial change in the immigration rules for illegal immigrants in 2023 is the punishment for employers who hire individuals who are considered illegal immigrants in the UK. The penalties are increasing for such crimes, and employers could face imprisonment in addition to large fines.

Implications of These Rules

These new rules are meant to make it possible for the UK to remove any illegal immigrants in the country with ease in the new year. At the same time, they plan to help eliminate the process of people entering the UK illegally. Of course, that will take time, but stricter laws will help with that. In addition to that, these rules can make it fairer for those who entered the UK legally to get the appropriate services to get genuine support and protection.

Final Thoughts

So, this new border system is for those entering the UK illegally, so what circumstances make it legal for an individual to enter the UK? Well, that’s a question that you should speak to UK immigration solicitors about. They can help guide you on your status if you’re an immigrant and make sure that your rights are being protected within the confines of the law.

Make sure that you consult lawyers who specialize in immigration because they will know the nuances of this complex part of the law and help determine a plan of defence for you or your loved ones if you are potentially facing deportation due to illegal entry.

Severe Sentences for Smuggling Large Amounts of Drugs by Lorry Drivers

Sentences for smuggling large amounts of drugs by lorry drivers

Lorry drivers must adhere to strict traffic laws in the UK, but despite the surveillance, some engage in various illegal activities, including the smuggling of drugs and people. The penalties for such crimes are particularly high, especially when the case involves millions of pounds of profit for the illegal parties involved and illegal substances valued in the millions of GBP. This article focuses specifically on the severe sentences for smuggling large amounts of drugs by lorry drivers in the United Kingdom. Thus, it provides examples of some recent cases and explains the importance of seeking legal representation in the event of being persecuted for smuggling charges.

Two Recent Cases of Severe Sentences for Smuggling Large Amounts of Drugs by Lorry Drivers

The following two cases can provide you with an idea of how severe the penalties can be for individuals smuggling illegal substances in the United Kingdom via lorries.

The first case that we must look at is the case of Jaroslaw Kaminski. He is a 52-year-old Polish national who was travelling from Rotterdam to Hull in May 2022 when the UK border Force stopped him to scan and search his lorry. After their search, the Border Force found £6m of cocaine present in a secret compartment of his vehicle. Cocaine is categorized as a Class A drug, and this man was transporting 75 kg of this drug category.

Smuggling a higher class of drugs can increase the severity of a drug conviction. In addition to that, transporting larger quantities of such illegal substances can also increase the severity of the conviction as opposed to carrying trace to small amounts. Therefore, this man received a particularly long imprisonment sentence of 15 years and 3 months.

The second case that we want to highlight is about a 39-year-old Ukraine national Serhii Tukalo. This individual was previously charged with smuggling people into the UK from France. This time, his lorry was caught with the possession of 20 kg of cocaine, a Class A drug. The drugs had a value of £1 million if it was sold in the UK, which is its suspected destination considering it was found entering the UK via a lorry. When his case was presented in Crown Court, the jury took 2 hours only to determine that he was guilty, despite him maintaining his innocence (i.e., him being unaware of his vehicle housing those drugs). His conviction led to an imprisonment sentence of 11 years.

Final Thoughts

The examples of sentences for smuggling large amounts of drugs by lorry drivers teach us how devastating such a crime can be to the lives of the perpetrator. So, if you are ever suspected of such a crime or are wrongfully accused of it, make sure to seek legal representation from experienced solicitors. They may be able to help you prove your innocence or reduce your sentence.

What Is Insolvency in UK Law?

Insolvency in UK law

Insolvency can cause a company to lose its position in the market due to financial constraints. However, there are some things a company can do to combat that position and move toward becoming a healthy contributor and competitor in its relevant industry and market. So, this article discusses insolvency in UK law and how it is important for companies in such positions to seek legal help to potentially liquidate their assets to prevent themselves from shutting down entirely. With that said, let’s explore what implications insolvency can have on companies and their respective markets.

What Is insolvency in UK law?

What Is insolvency in UK law? Insolvency pertains to the financial situation of a business. Therefore, in the United Kingdom, insolvency is when a company is unable to pay its bills, and its liabilities exceed its overall assets on the company’s balance sheet. Therefore, insolvency is a legal position in which any of these two circumstances can prevent an insolvent company to struggle trading without increasing its own debt. What that means is that it may become financially impractical for the company to continue operating as a business.

The UK operates under the Insolvency Act 1986, and companies nearing or in insolvent positions must enter insolvency proceedings as per this law. In most cases, the business can look toward any of the outcomes mentioned below.

  • Reach an agreement with financiers or creditors to increase the amount of investment
  • Sign an agreement in which an insolvency practitioner can handle an insolvent company and put the organisation into administration
  • Enter into a CVA, which is a Company Voluntary Agreement
  • Shutting down the company (a step that businesses may not want to take but may become necessary when there’s no other option available to sustain the business)

Why You Should Hire Insolvency Solicitors

If your business is insolvent and you’re looking to hand over your business to an insolvency practitioner, you should hire insolvency solicitors. Making your company insolvent and working with a practitioner is a long and stressful process. There are various aspects to consider, and you also have to think about the future of your employees. Moreover, negotiations with financiers or creditors can take a long time, which can make it difficult for your business to manage operations throughout that period when funds are low.

UK insolvency solicitors can help you with this entire process. They can guide you on what options you have and how you can protect your company’s best interests throughout the entire insolvency procedure. Make sure that you work with lawyers who are trained in and experienced with insolvency in UK law. They will know the nuances of such procedures and can help make this entire process relatively less stressful than otherwise. In addition, they can also prevent other partners from potentially harming your business to protect themselves.

What You Should Know About Child Abduction in the UK

Child abduction in the UK

Child abduction in the UK is a complicated part of the law in the United Kingdom, and it can span different forms of law, including family and criminal law. In some cases, international family law may also be relevant to a child abduction case. Thus, there are different types of abduction, which can involve specific parts of the law. This article explains what child abduction is and highlights why it is crucial to seek appropriate legal counsel in such cases.

Understanding Child Abduction in the UK

Child abduction is when a child (under the age of 16) is removed from one of their parents (or legal guardian) without that parent’s (or legal guardian’s) consent. Removal, in this case, can mean being taken away from the other parent (or legal guardian) within the UK or outside of it. The case will be handled under family law if it occurs within the United Kingdom. However, it can become a criminal offence if the removal is from the country.

It is also a case of child abduction if one of the parents accompanies the child outside of the UK or sends them without their presence. In some cases, the parent will also need to seek

Therefore, any person or body that has some form of parental responsibility for a child must be informed and must consent to the removal of the child from within or outside of the UK to not be considered a child abduction case.

These laws are applicable to even small visits outside of the UK. Therefore, school trips and holiday visits can also be considered child abduction if the other parent or court is not informed about the visit outside of the UK. The other parent can place a case of abduction, and the parent abducting the child can face penalties as per family and criminal law.

There are instances in which a case will not be considered child abduction.

  1. A parent or legal guardian has a child arrangements order that explains that the child lives with them. So, if the parent has sole custody of the child, then the other parent cannot make a case of abduction.
  2. A parent or legal guardian possesses an order from the court that gives them permission to remove the child from the United Kingdom.

Final Thoughts

If you suspect that you will face or are currently facing a case of child abduction in the UK regarding your child, you should seek legal counsel right away. Unless you have no custody over your child, it is your right to also be a part of decisions regarding their well-being and future. Therefore, a legal team can help guide you on what to do and create a plan to help defend your rights and your child’s rights.

 

Some New UK Transportation Laws That May Affect You

A representation of new UK transportation laws

The new year is bringing in the emergence of new UK transportation laws that may affect some drivers more than others. The new rules are fairly diverse, as they pertain to the usage of electric vehicles, parking spaces, the use of specific number plates, and so on. This article provides an overview of these new laws that are applicable to all and specific parts of the United Kingdom. As a general driver in the UK, you can determine if any of the new laws are relevant to you or not. With that said, let’s look at the new laws.

Electric Vehicles Owners Will Not Be Required to Pay Any Vehicle Excise Duty (VED) Until April 202

The UK government is certainly attempting to help encourage users to consider buying and using electric vehicles (EVs) over internal combustion engine vehicles. One of the ways it is attempting to accomplish that is by allowing the owners of electric vehicles who registered their vehicle from any time after 1 April 2017 to not be required to pay any vehicle excise duty (VED) until April 2025. What this means is that EV owners won’t have to pay the minimum VED of £165 that petrol and diesel car owners must pay up until the date mentioned above. That said, it’s important to note that EV owners must pay the additional £355 amount for owning electric cars valued above £40,000 at the time of purchase after April 2025.

August 2023 Will Mark the End of the Suspension of Heavy Goods Vehicle (HGV) Levy Payments

Owners of heavy goods vehicles that have an overall mass of more than 12 tonnes will be required to pay levy costs after August 2023 for the roads’ wear and tear caused by the usage of such heavy vehicles.

The UK government suspended this form of payment for owners and/or users of HGVs registered in the UK during the COVID-19 pandemic in an attempt to reduce the operational costs and the problems of driver shortages for haulage companies.

A Potential Ban on Parking on Pavements in Scotland in 2023

One of the few new UK transportation laws that are not confirmed yet includes a ban on parking on pavements in Scotland. The purpose of this ban is to help make the roads of Scotland more accessible to pedestrians. However, while it is speculated that the law may be implemented in December 2023, it’s still unsure.

The UK Is Introducing ‘23’ and ‘73’ Number Plates

It is customary for the United Kingdom to get new sets of number plates in March and September. Thus, new cars registered after March 2023 can get ‘23’ registration plates, and those registered after September can get ‘73’ registration plates.

Final Thoughts

If you want to know more about these new UK transportation laws and others that can affect your livelihood, then make sure to contact your transportation solicitor.

EU Nationals Overstaying 90 Days After Brexit

A representation of overstaying 90 days after Brexit for EU nationals

Overstaying in the UK is a punishable offence that can result in significant jail time in some extreme cases. Most EU nationals can visit the UK for up to a total of 6 months without needing a visa. That can be considered a business visit. However, they have several restrictions on what they can do during their visit—no paid or unpaid work for an employer or self-employed work. This article explores what can occur to EU nationals overstaying 90 days after Brexit.

Understanding Overstaying in the UK After Brexit

Overstaying is when a foreign national, be it from the EU or another country, stays in the United Kingdom for a period longer than they are allowed to do so. For example, EU nationals who visit the UK can do so for only 6 months. After that, they must return to their own country. EU nationals are also not allowed to stay in the UK by visiting and leaving frequently. To say for longer periods in the UK, they will need to apply for a visa and be approved for it. Depending on the visa, they can reduce the restriction in terms of what they can do.

After Brexit, EU nationals are considered the same as other foreign nationals, except that they do not need a visa to visit the UK for periods of 6 months. However, this does mean that EU nationals can face penalties for overstaying in the UK. Overstaying for more than 90 days is a punishable offence unless the offender can prove that they had a reasonable reason to overstay.

Reasonable Reasons to Overstay

Below are some reasonable reasons to overstay in the UK. That said, this may vary based on your specific case, and you will need to prove to the court that it did prevent you from leaving the UK.

  • You applied for a new visa to the UK, or you applied to change your immigration status such as Indefinite Leave to Remain (ILR)
  • You have applied for an extension of your visa
  • You were diagnosed with COVID-19 and were seriously ill or were unable to travel back to your country due to travel restrictions due to the pandemic

What You Should Do When Facing Overstaying

The immigration laws in the United Kingdom have become stricter after the introduction of The Nationality and Borders Act (NABA). Therefore, depending on your offence, you can also face up to 4 years of imprisonment. If you or anyone you know is facing an overstaying charge, you must consult experienced UK immigration solicitors immediately. They can guide you on what options you can take and prepare a defence strategy to help you fight your charges. It’s possible that you may be able to reduce your charges or remove them altogether. This is relevant for EU nationals overstaying 90 days after Brexit or other nationals.

Small Boat Pilots May Face Life Sentences in the UK

Small Boat pilots may face life sentences in the UK

As of June 2022, small boat pilots may face life sentences in the UK if they are carrying migrants (refugees) into the United Kingdom. This new step has been one of the most significant changes in the UK asylum system in decades. It is meant to help counteract one of the leading methods for migrants seeking refugee to enter the UK. Thus, this article explores what this new rule includes and how it can affect small boat pilots.

How Small Boat Pilots May Face Life Sentences in the UK

The Nationality and Borders Act (NABA) received Royal Assent in April 2022. It includes various measures (including the one about the boat pilots) to help tackle a growing network of human trafficking. Instead, it will help reform the asylum system to make it possible for those with genuine refuge cases to seek asylum through legal means.

Some noteworthy changes related to boat pilots include the following.

  • Small boat pilots will now start to face imprisonment for smuggling people into the UK to seek refuge or asylum. The maximum imprisonment duration is a life sentence. The number of years will depend on the severity of the offence.
  • Immigration officers also have the right to search any containers that may be present on ships or boats that may be suspected of bringing illegal immigrants into the United Kingdom.

Issues with People Smuggling

The UK government is looking to tackle people smuggling (in the form of small boat smuggling and more) because it is putting the safety of people at risk. Traveling across significant distances by sea is not safe. In addition to that, some traffickers also prey on the vulnerability and desperation of refuge seekers, promising them safety in the UK after collecting a high price for trafficking.

What Those Facing Smuggling Charges Should Do

If you or anyone you know has been involved or is being prosecuted for human trafficking cases, you should get in touch with the experienced UK immigration solicitors immediately. As mentioned above, the penalties for piloting a boat with migrants are much more severe with the new reforms. Depending on the severity of your case, you may lose your entire life to it. Thus, with legal representation, it is possible to fight your case.

Your solicitors can help create a defence strategy to help clear your name or help reduce the charges. Human trafficking for refuge (or people smuggling) is also a complicated part of UK law, so your solicitor can help explain your case to you and help you see what your options are.

Final Thoughts

The penalties for small boat pilots committing smuggling offences in the UK were not this bad until this new act. Thus, it is more integral now than ever before to seek legal help quickly.

What Does “Unduly Harsh” Mean Regarding Children and Deportation in the UK?

Children and deportation in the UK

“Unduly harsh” is a term used in the context of children and deportation in the UK. Children in the UK may have parents that may undergo deportation. This term is used to describe an instance in which the deportation of the parent can be damaging to the child’s development due to a “genuine and subsisting relationship” between the child and the parent. Therefore, this article explores children and deportation in the UK and what effect “unduly harsh” circumstances can have on the ruling.

Understanding “Unduly Harsh” Circumstances Regarding Children and Deportation in the UK

This term pertains to the relationship between the child and the parent(s) being deported. It can also help prevent the deportation if the parent can prove to the UK government that the deportation can be unduly harsh under two circumstances, as per the European Convention on Human Rights (ECHR) obligations the UK has to follow.

The first is that the parent’s deportation will be unduly harsh for the child to stay in the United Kingdom without their parent. In that case, the parent must prove that their relationship with their child is a “genuine and subsisting” one.

The second is that the parent’s deportation will result in an unduly harsh circumstance for the child because they will be forced to follow their parent and reside in the country where they are being deported. This situation is also according to the ECHR obligations.

What Does “Unduly Harsh” Mean for Parents Being Deported?

The two circumstances above are options for parents to have their deportation ruling revoked. However, they can only consider these options if they have been charged with prison time of more than 12 months but less than 4 years.

These situations also shift the focus away from the parents and their crime and put it on the well-being of the family and the children. Therefore, in this first situation, a parent’s deportation can be revoked if the parent can prove that it is in the best interest of the child and the family for the parent to remain with them in the United Kingdom. The 7-year rule may also be considered if the child is eligible to ensure the child does not get deported along with the parent. The 7-year rule is based on continuous residence, so consult immigration lawyers for more information.

If the court believes that the child should follow their parent (to keep the family together), the parent can attempt to prove that that decision is unduly harsh on the child. This option can be considered for refugee parents that attempted to escape a country where their lives were in danger.

Final Words

Children and deportation in the UK is a complex matter, and acting quickly is paramount to finding a solution. Thus, get in touch with our immigration solicitor as soon as possible to consider your options.

What Is Long Residence in UK Immigration Law?

Long residence in UK immigration law

Long residence in UK immigration law is when a person who has lived in the United Kingdom for a specific period continuously without leaving the country for more than a specific duration can acquire Indefinite Leave to Remain. There are different rules related to long residence, which is also known as continuous residence. Thus, this article helps break this down into simple terms.

Different Periods of Long Residence

The rules for long residence in UK immigration law vary based on the duration of your stay in the United Kingdom. Thus, below are some details on the two different durations.

Long Residence of 10 Years

Those applying for Indefinite Leave to Remain based on their long residence can only do so if they satisfy the continuous residence requirement according to paragraph 276B of UK immigration law. Thus, they must stay within the United Kingdom for 10 years without leaving the country for a period of more than 6 months at a time. However, they can leave the UK for shorter periods (six months or less) if they had Leave to Remain and Leave to Enter when leaving and returning.

Those who were incarcerated will also have only their period outside of custody counted in the acceptable 6-month exit period. Applicants who left before 24th November 2016 also can apply for Indefinite Leave to Remain even if they do not satisfy the 6-month rule when they reapplied for their entry to the UK because of the expiry of their leave at that date.

Applicants of this duration must also have lawfully stayed in the UK for this period. Consult UK immigration solicitors for more details on what counts as lawful residence.

Long Residence of 20 Years

The Long Residence of 20 Years is a replacement for the previous rule that was based on 14 years of residence. The rules for this period are the same as the long residence rules for 10 years of residence. However, the most notable difference is that the applicant does not have to have lawfully lived in the UK continuously for 20 years. The rules are discussed in the UK immigration laws, paragraphs 276ADE(i) and (iii). That said, every applicant must pass the suitability grounds and have a valid application to acquire Indefinite Leave to Remain through their continuous residence of 20 years in the UK.

Final Words

Long residence in UK immigration law can be tricky to understand as there are specific rules and exceptions to those rules. That is why it is critical to consult a skilled and experienced UK immigration solicitor about your case. It’s possible that you may qualify for Indefinite Leave to Remain if you believe that your case does not satisfy the rules. Your solicitor can help guide you with your case and make a suitable application.