What offence has been committed here

[Photega]

I'd say that's a right result for you, I'm really glad. Have a good weekend and perhaps a celebratory beer.

Hi
Well have had a rude awakening and whilst taking the appointed Barristers advice to save court time by agreeing to keep the terms of the Original Restraining order issued at the magistrates court in place for which the CPS would offer no evidence and the Appeal would win, this I was advised would be a good course of conduct for all concerned as being acquitted of the charge would mean this would clear my name on the DBS required for my job.
I am now told that this is bad advice as a RO against me would still show on my Enhanced DBS required for my job and therefore the promise that this was a positive move even though the Barrister concerned felt I had a good case for my Appeal to win both on procedural errors by the Police, CPS and Magistrates Court as well as having enough evidence to disprove the charge it was put to me that not putting the court to task of a hearing likely to take all day I am still in the situation that by agreeing to this based on the advice given I will likely still lose my job due to this showing on my Enhanced DBS which for my job needs to be clear.
I feel somewhat cheated as had I been informed correctly by the Barrister about this fact I would have chosen to continue with the appeal to totally clear my name and get my DBS cleared to stay employed.
What would be the advice here to address this, do I take action against the Barrister concerned for bad advice or ask the court to reinstate the Appeal following bad advice?

[davenewbergr]

As a general rule, always use the active voice when writing about legal matters. "I am now told..." should be "X has now told me..." so that we know something about who has told you that the advice of your barrister was (apparently, and based only on what you have written) negligent. Statistically, the advice of a barrister is unlikely to have been negligent, so where did you get that idea from?

Your engagement of the barrister was of a nature with which I am unfamiliar, but I think it must be right he has some species of continuing but limited professional obligation to you as a client. So the next thing to do is to write a letter or email to him, explaining what has been said to you and by whom and pointing out that this conflicts with the advice that you remember being given by him at Court. Then finish by asking him for his comments.

There is no such thing as 'reinstating' an appeal (in this context). Furthermore, since you appear to have made some albeit limited admissions, appealing is likely to be very difficult as you cannot take back the admissions. If you can appeal, then you must seek permission to appeal, possibly permission to do so out of time, and you will have to produce your statement of case in support of the Appeal, all at the same time.

When writing to the barrister, try not to do paragraphs like the one starting 'I am now told...'. That paragraph should be at least five sentences. Something like this:

I have now been told by [xxxx] that this was bad advice as a RO [avoid initialisms unless they save a lot of writing] against me would still show on my Enhanced DBS. This would be a problem for my job, and therefore the promise that this was a positive move [this part of your paragraph doesn't seem to link to anything]. The Barrister acting for me told me that he felt I had a good case for my Appeal, both due to the procedural errors by the Police, CPS and Magistrates Court, as well as on the substantive issue of the charge itself, which I had enough evidence to disprove. It was explained to me that in not putting the court to the cost and time of a full-day hearing [this also doesn't seem to link to anything]. I am still in the situation that by agreeing to this, which I did based on the advice I received - I could well lose my job due because the conviction will show on an Enhanced DBS query. My job means that I must have a clear response from an Enhanced DBS.

You can see from where I have written 'this doesn't seem to link to anything' that because you write the way things pop up in your head, rather than the way people read, you end up writing sentences and paragraphs which are really hard to understand.

Down the pub it doesn't matter, because anybody there can say 'Come again? I didn't get that', and you get the chance to explain. When you're writing, you need to remember that almost everyone reading will not have the chance to ask you what you actually meant.

In legal matters (in every other aspect of life, arguably) it is YOUR JOB to convey your meaning; nobody else is obliged to spend time trying to figure out what you intended to say (or write).

I just spend at least 15 minutes writing this reply, and that's partly because I take great care to get my meaning across, and to help.

[Photega]

As a general rule, always use the active voice when writing about legal matters. "I am now told..." should be "X has now told me..." so that we know something about who has told you that the advice of your barrister was (apparently, and based only on what you have written) negligent. Statistically, the advice of a barrister is unlikely to have been negligent, so where did you get that idea from?

Your engagement of the barrister was of a nature with which I am unfamiliar, but I think it must be right he has some species of continuing but limited professional obligation to you as a client. So the next thing to do is to write a letter or email to him, explaining what has been said to you and by whom and pointing out that this conflicts with the advice that you remember being given by him at Court. Then finish by asking him for his comments.

There is no such thing as 'reinstating' an appeal (in this context). Furthermore, since you appear to have made some albeit limited admissions, appealing is likely to be very difficult as you cannot take back the admissions. If you can appeal, then you must seek permission to appeal, possibly permission to do so out of time, and you will have to produce your statement of case in support of the Appeal, all at the same time.

When writing to the barrister, try not to do paragraphs like the one starting 'I am now told...'. That paragraph should be at least five sentences. Something like this:



You can see from where I have written 'this doesn't seem to link to anything' that because you write the way things pop up in your head, rather than the way people read, you end up writing sentences and paragraphs which are really hard to understand.

Down the pub it doesn't matter, because anybody there can say 'Come again? I didn't get that', and you get the chance to explain. When you're writing, you need to remember that almost everyone reading will not have the chance to ask you what you actually meant.

In legal matters (in every other aspect of life, arguably) it is YOUR JOB to convey your meaning; nobody else is obliged to spend time trying to figure out what you intended to say (or write).

I just spend at least 15 minutes writing this reply, and that's partly because I take great care to get my meaning across, and to help.

Many thanks with your advice on the use of the grammar, this not being a strong point of mine as I am more engaged by the logic of subjects such as Mathematics.

I guess my frustration is that whilst I and all around us and indeed even the Barrister appointed by the court (This was done by the court on the basis that my ex had claimed she could not face me directly, I was acting as Litigant in Person due to being unable to financially afford my own Barrister, thus as the hearing is held "In Screen" a Barrister is paid for by the court for the purposes of questioning her at which point the barrister would leave) and I was persuaded by this appointed Barrister to accept the offer made by the CPS Barrister to enter no evidence and thus my appeal wins providing I agree to maintain the points of the Restraining order not to contact her or drive in her street, this agreed to provided my ex kept her own part of the agreement to facilitate the contact agreed the previous July in the county court and reiterated at the Magistrates court to me seeing My Dog, the agreement in county court being to share the dog.

I was told my agreement to this which I had no intention of doing either the contact or going into her street would be viewed on favourably by the court for saving the unnecessary time and cost to the court and would for my part remove the only criminal conviction from my record and thus would clear my record for the purposes of the DIsclosure Barring Service record. However on following up this it seems that the Restraining Order will remain on my Enhanced DBS for time immemorial thus in my trade affecting my employability. Indeed the Crown Court Judge at the disposal of the matter thanked me for agreement to not make the matter be forced onward and this is what I find unfair and frustrating as I would hope the appointed Barrister and Judge would know that the RO would still affect my DBS Certificate.

I will take your kind advice to write to the appointed Barrister and indeed to the court to express my disappointment at the failure to advise me of this oversight.

[Photega]

I'd say that's a right result for you, I'm really glad. Have a good weekend and perhaps a celebratory beer.

Just to let you know Jags and indeed others following this matter that after my property being shot and and on the 18th me being shot at the Police finally took action this evening and the person concerned has been arrested, currently for criminal damage but with more offences to be investigated.
The man was as the Police put it so cocky that nothing would happen and the Police weren't interested when they turned up he had the gun and the pellets used out in the house, not hidden or disposed of so clearly thought he could do as he pleases, I just hope that the Police and CPS bring more charges as I feel there is more here than just simple criminal damage.
For example on the fateful night he took a shot at my bedroom, he then waited for me to phone 999 report by which time I expected he would be gone but clearly he had further malicious intent for when I looked to closer inspect the damage he then released a further 2 rounds whilst I was in the window, luckily it only went through the outer pane, I would suggest that was at the least intent to cause serious harm if not attempted murder, beside this there is all the harassment I have suffered since february this year from him including a threat which was followed by my car tyres being slashed and of course as you already said contravention of the Firearms act.
Would I be right in assuming that if they are going for a firearms act offence such as the owning, firing and no licence this is an offence with possible custodial sentences and therefore would need to go to Crown court not just a magistrates court?
Also would there be a good case for me to seek a restraining order against him?
Thanks for all advice here.

[jaguarsuk]

Just to let you know Jags and indeed others following this matter that after my property being shot and and on the 18th me being shot at the Police finally took action this evening and the person concerned has been arrested, currently for criminal damage but with more offences to be investigated.
The man was as the Police put it so cocky that nothing would happen and the Police weren't interested when they turned up he had the gun and the pellets used out in the house, not hidden or disposed of so clearly thought he could do as he pleases, I just hope that the Police and CPS bring more charges as I feel there is more here than just simple criminal damage.
For example on the fateful night he took a shot at my bedroom, he then waited for me to phone 999 report by which time I expected he would be gone but clearly he had further malicious intent for when I looked to closer inspect the damage he then released a further 2 rounds whilst I was in the window, luckily it only went through the outer pane, I would suggest that was at the least intent to cause serious harm if not attempted murder, beside this there is all the harassment I have suffered since february this year from him including a threat which was followed by my car tyres being slashed and of course as you already said contravention of the Firearms act.
Would I be right in assuming that if they are going for a firearms act offence such as the owning, firing and no licence this is an offence with possible custodial sentences and therefore would need to go to Crown court not just a magistrates court?
Also would there be a good case for me to seek a restraining order against him?
Thanks for all advice here.

As long as the muzzle-energy limit of the rifle is 12ft.lb or less then there is no requirement to be licensed to be in possession of it and in my experience it's highly unlikely it would be above that.

I think if they go to CPS with Criminal Damage using a even a pellet gun, depending on if he admits his actions then the CPS should have a cut and dry decision on Possession of firearm with intent to endanger life or injure property. He's shot at your property and you, but the CPS can be funny.

Sentencing guidelines Possession of a Firearm with intent to endanger life contrary to section 16 of the Firearms Act 1968 are here: https://www.cps.gov.uk/legal-guidance/firearms

Section 16

General nature of offence: Possession of firearm with intent to endanger life or injure property.
Mode of Trial: Indictable Only.
Punishment: On indictment Life imprisonment or a fine; or both.
Additional provisions: May be subject to Mandatory Minimum Sentence see section 30 VCRA 2006.

It is an indictable offence which means it's triable in Crown Court only.

[Photega]

As long as the muzzle-energy limit of the rifle is 12ft.lb or less then there is no requirement to be licensed to be in possession of it and in my experience it's highly unlikely it would be above that.

I think if they go to CPS with Criminal Damage using a even a pellet gun, depending on if he admits his actions then the CPS should have a cut and dry decision on Possession of firearm with intent to endanger life or injure property. He's shot at your property and you, but the CPS can be funny.

Sentencing guidelines Possession of a Firearm with intent to endanger life contrary to section 16 of the Firearms Act 1968 are here: https://www.cps.gov.uk/legal-guidance/firearms



It is an indictable offence which means it's triable in Crown Court only.

A neighbour who is an ex armourer in the Royal Green Jackets having seen the location and the pellets fired and the amount of damage inflicted from the distance would most likely need a high powered rifle.
My big worry is the Police are not taking seriously the issue that he shot when I was at the window on the 18th and keep classing it as criminal damage to the window, they even suggest that my evidence that I saw him run after firing the 3rd shot was not good enough to count as evidence. It does feel like they don't believe anything I actually say.
They have said they have charged him with Criminal Damage, Harassment and firearms offences.
When I queried the firearms point they said they were passing to their armourer for tests though the PC admitted the pellets found with him and those that hit my property were quite distinctive.
My big worry is that clearly this man has some deranged ideas, he has denied all offences and has been released on bail pending further investigations but despite only living 30yds from me has had no conditions placed on his bail which still makes me feel paranoid about a further attack given the past attacks going back to February.
Is there a way forward that I can get the Police to take this more seriously so I feel more relaxed in my own home or do I have to move out and live elsewhere until the matter is resolved.?

[jaguarsuk]

They have said they have charged him with Criminal Damage, Harassment and firearms offences.

I would say the fact that they have charged him with "firearms offences" says they are taking serious that he shot at you, as unless he's in possession of an illegal firearm the only other offence he has committed is Possession of firearm with intent to endanger life or injure property.

My big worry is that clearly this man has some deranged ideas, he has denied all offences and has been released on bail pending further investigations but despite only living 30yds from me has had no conditions placed on his bail which still makes me feel paranoid about a further attack given the past attacks going back to February.

Is there a way forward that I can get the Police to take this more seriously so I feel more relaxed in my own home or do I have to move out and live elsewhere until the matter is resolved.?

General conditions are not to contact the victim of the crime and this will apply to him. Intimidation of a victim would be taken much more seriously than the previous intimidation. If he does or anyone else on his behalf engages in such behaviour then he/they'll be in more trouble.

[Photega]

I would say the fact that they have charged him with "firearms offences" says they are taking serious that he shot at you, as unless he's in possession of an illegal firearm the only other offence he has committed is Possession of firearm with intent to endanger life or injure property.



General conditions are not to contact the victim of the crime and this will apply to him. Intimidation of a victim would be taken much more seriously than the previous intimidation. If he does or anyone else on his behalf engages in such behaviour then he/they'll be in more trouble.

But there doesn't seem to be any conditions applied to him general or not and indeed over the weekend he and his family and friends have taken to making sure I know they are watching me which I find intimidating given the closeness

[jaguarsuk]

But there doesn't seem to be any conditions applied to him general or not and indeed over the weekend he and his family and friends have taken to making sure I know they are watching me which I find intimidating given the closeness

Keep a of everything to give to the Police they do as it'll only make matters worse for them. And anything that goes further than just generally trying to make themselves visible report to the Police.

[Photega]

Keep a of everything to give to the Police they do as it'll only make matters worse for them. And anything that goes further than just generally trying to make themselves visible report to the Police.

I already have had to, cheeky sod stood waving at me when I went to close bedroom curtains on Saturday making sure I know he is watching me.