Charged for fraud - blue badge fraud

[dedalus]

Hello,

I am to appear at magistrates for one count of fraud (blue badge fraud).
I will plead guilty. I wanted to ask if being represenyed by a duty solicitor will help me more than representing myself and putting
forward mitigation pleads myself. This is if a duty solicitor would be available on the day which I cannot be sure of but I understand that as custody is a possibility
I could request one?

Thanks

[smintram]

It's hardly crime of the Century, so a spell in Broadmoor is unlikely. I think the usual fine for this is around £600 in total. with or without a solicitor, I'm thinking the outcome will be the same...

[dedalus]

It's hardly crime of the Century, so a spell in Broadmoor is unlikely. I think the usual fine for this is around £600 in total. with or without a solicitor, I'm thinking the outcome will be the same...

The sentencing guidelines specify custody as a possibility and it is a charge of fraud that is why I thought of a duty solicitor.
But I am not sure how useful a plea is coming from them rather than the culprit.

[islandgirl]

Usually the duty will only help in cases where custody is possible. Looking at the guidlines I do not believe it is for this offence (although we do not know the nature of the fraud of course and are assuming it is using a badge when not entitled to do so rather than churning them out in a factory...). Solicitors can help you decide what to say and what to focus on but I think you would have to pay for one. You can be unrepresented - the legal advisor will guide you through the process. It is always good to hear the mitigaton from the person involved - be honest and genuine - the mags can tell when you are.

[dedalus]

Thank you islandgirl.

Fraud can carry a custodial as far as I am aware.

One thing I have read is that it can make a difference if the bench has justices of the peace or a district judge.

[des8]

Depends on the charge

If foe example the badge has been altered, or used after expiry, or used by non rightful person prosecution under s1 Fraud Act 2006 is possible and if a conviction follows a custodial sentence may be imposed, although a fine is more likely.

[islandgirl]

Ok look at these guidelines https://www.sentencingcouncil.org.uk...rt/item/fraud/
As you can see they cover fraud of all kinds and yours will be, I suspect, at the very bottom end. Your offence will not carry a potential custodial sentence (most likely - remember I don't know the details). You are likely to be in the range of discharge - medium community order.
Mags and DJs do the same job. DJs tend to be given difficult or more complex cases (which I assume yours is not). Who hears the case is a matter of "luck" on the day. It makes no difference to the guidelines applied.

[dedalus]

In the summons papers issued I was not provided with a statement of means form. Does this mean the inevitably there will be a second hearing for sentencing?

[islandgirl]

I would expect sentencing if you are pleading guilty - you can get a means form and fill it in on the day - just have all the figures with you

[dedalus]

I would expect sentencing if you are pleading guilty - you can get a means form and fill it in on the day - just have all the figures with you

Hi again,

Do you think it would be acceptable to the court if I mentioned I am the carer for my chronically ill wife so to may consider a fine rather than Community service?
Also at what point does mitigation plea take place?

Thanks

[islandgirl]

The prosecuter will outline the offence and tell the court what happened then you will get a chance to speak. A good legal advisor will help you and ask you important questions. You can and should outline your personal home circumstances and why you did whatever you did. A community sentence need not be unpaid work. It can be a period of curfew at home for example. You need to show the court you have learnt your lesson and would never do it again. You can also explain to them if it is the first time you have been in trouble (previous good character) and state your willingness to pay any financial penalty they may decide upon. After you speak the mags may ask you questions. They may also ask probation to get involved and prepare a report (either on the day or adjourn to a later date) or they may go out to decide sentence. It all depends on the offence, your record and lots of other things. .

[dedalus]

many thanks again.

do you think I will be asked who I work for? I would rather my employer not be mentioned in proceedings.

also, by legal advisor do you mean the one that sits on the bench assisting the magistrates?

[islandgirl]

Yes the legal advisor usually sits in front of the bench at a computer screen. You will probably be asked if you are working and there may be questions about hours (if they were to consider a curfew) though we do not usually ask for details of your employer specifically. It is unlikely (unless there are lots of interesting cases that day) that anyone from the press will be there but courts are of course (generally) public.

[dedalus]

Many thanks for your non judgemental help.

May I ask just out of curiosity , are you an ex magistrate?

[islandgirl]

You are very welcome. Serving magistrate! Please come back and tell us how you get on.