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Will she go to jail?


sar2004
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I too thought that over a certain amount and/or plead not guilty and it automatically ended up on Crown Court so I mistakenly passed that on to my mate who discussed with her solicitor.

 

Apparently it is not that straight forward. The DWP decide to prosecute and decide how to charge you the charges can be brought under 1 of 2 offences which I have since looked up:

 

1. Section 112 of the SSA Act 1992 (no dishonesty alleged)

2. Section 111A of the SSA Act (dishonesty alleged)

 

My friend has been charged with one count under section 112.

This has been detailed as summary offence that can (even after a not guilty plea) only ever be dealt with by magistrates court.

 

Amazing what you learn really! x

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I will agree it was terrible representation. He was persuaded to plead guilty as it was thought that the jury would never understand it. Why set off was never demanded I don't know.

 

Possibly because it was a long time ago, pretty sure at one point gross income did count, it may have been not long after that it changed or something. Not sure. I only know slightly more about benefits since my hoo haaa with the benefits dept this year & what my friend has told me he's going through with them.

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I too thought that over a certain amount and/or plead not guilty and it automatically ended up on Crown Court so I mistakenly passed that on to my mate who discussed with her solicitor.

 

Apparently it is not that straight forward. The DWP decide to prosecute and decide how to charge you the charges can be brought under 1 of 2 offences which I have since looked up:

 

1. Section 112 of the SSA Act 1992 (no dishonesty alleged)

2. Section 111A of the SSA Act (dishonesty alleged)

 

My friend has been charged with one count under section 112.

This has been detailed as summary offence that can (even after a not guilty plea) only ever be dealt with by magistrates court.

 

Amazing what you learn really! x

 

It certainly is complex isn't it! What does summary offence actually mean? I dont understand that bit.

If you google all the prison sentences for benefit fraud, they do tend to be cases where big organsied frauds have happened, usually with multiple charges. I know it doesn't make your friend feel better though. It's human nature to think we'll be the unlucky one.

Will have to find out what section my mate is charged under, because he definitely says he had the choice of magistrates or crown & he chose crown, or at least his solicitor advised him to.

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Oh I see. Ok. I did tend to think they should give everyone the chance to have a jury myself. Although lately & researching trials I am not too sure anymore. Everyone & anyone is called for jury service, the amount of innocent people being found guilty because members the jury just want to get going & down the pub is unreal...

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  • 4 months later...

Update!

The DWP did take my friend to court - itg took almost a year.

She (on legal advice) pleaded not guilty and it went to a trial.

She was found not guilty _ DWP paperwork full of holes and they were dreadful answering questions on the stand.....whole stressful episode over.

Sorry its taken so long to get back in touch :)

Edited by sar2004
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Hi Sar2004.

 

I bet your friend is glad that the hearing is over and done with. It's can be a nerve wracking experience.

 

Just to pre-warn you; your friend will still be liable for the overpayment - this is dealt with on a civil footing. A lot of people are not aware that when they are declared not guilty in criminal court, the DWP can still recover the overpayment by civil means. If she has any questions about that, feel free to ask away.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Yes that is what her solicitor advised also and this was brought up in court. The magistrate actually asked if she was paying it back and she said that she was paying the amount decided by the DWP on a monthly basis so....she is paying what she owes and no criminal conviction.

Absolute nightmare and I have sympathy for anyone going through the ordeal!

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