Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**

[Blackcat13]

No, I parked in a disabled bay when I shouldn’t have, so not much I can disagree with.

Do I just plead guilty? Do I have to write a statement or anything? 

[Ethel Street]

I'm not an expert on this so let's see what others say.

 

If you agree with the BB Inspector's statement, and from what you have posted on here, I think that a Guilty plea is the only thing you can do. 

 

You aren't being asked to make any statement at this time, just say how you intend to plead, Guilty or Not Guilty. The reason they ask you that now is to help them with scheduling when the hearing will take place. Usually if you plead Guilty it will all be dealt with on the day stated in the Summons, but if you plead Not Guilty the hearing will be rearranged to a later date. You don't enter your formal Guilty/Not Guilty plea until the hearing itself, the request on the Summons is to help with court administration. 

 

 

[Blackcat13]

Right ok, I guess I have to plead guilty then. Will I have a criminal conviction? I’m terrified, having no sleep and anxiety is through the roof. 

[Ethel Street]

I'm not a lawyer and I recommend that you see a lawyer for advice on this before saying how you intend to plead. They will be able to tell you if have any grounds for pleading Not Guilty.

 

As things stand if you plead Guilty or are found Guilty by the Magistrates yes you would have a criminal conviction and a criminal record for fraud under the Fraud Act 2006. I believe you said you are a teacher so the conviction would probably be notified to your employer, which could have serious employment consequences for you. Your school could dismiss you and you could end up being barred from teaching. 

 

I put it that bluntly because when the consequences could be that serious for you then you need professional legal advice from a solicitor specialising in criminal law. People who post on here are not legally qualified to give you that advice.

[Blackcat13]

I really cannot afford a solicitor though, I work 3 days a week and struggle with three children. 

[Ethel Street]

Your household insurance policy might give you cover for legal fees.

 

Check with your union if they can give you some help.

 

A solicitor could tell you whether you might be eligible for legal aid.

[Blackcat13]

Do you suggest just calling a solicitor up and asking if they do legal aid? 

[honeybee13]

Like Ethel, I'm not a lawyer, so I don't know about legal aid. As you say, you can ring a solicitor and ask. You might get to chat with someone briefly, I don't know if this would come under Motor.

 

Here's information about legal aid and also how to find a solicitor with the right speciality.

 

https://www.gov.uk/check-legal-aid

 

https://solicitors.lawsociety.org.uk/

 

A case I read about earlier was heard in the magistrates court, so presumably they want to hear from you in person about why you used the badge that day. You can turn up smartly dressed, show your remorse and explain any mitigating circumstances that might lessen the fine.

 

HB

[Man in the middle]

As above, you have no realistic option but to plead guilty.

 

The problem when looking at the sentencing guidelines for fraud is that they cover such a wide range of seriousness that making a reasonable guess at the sentence is not easy for those unfamiliar with the guidelines.

 

However, I would suggest that your offence sits at the very bottom of that range. There is no indication that you are being accused of using the badge more than once.

 

Even if you had done so, the prosecution needs to let you know at this stage and in any case there is no evidence to support such an allegation. So it’s a single offence for very little monetary gain.

 

My guess (and it’s only my guess) is that If you show genuine remorse before the court I believe they may see fit to impose a “Conditional Discharge”.

 

This means that there will be no punishment for the offence but if you commit any further offences during the period of the discharge (12 months is the most usual) then that will be the end of the matter.

 

At the very worst, if the court does not think a Conditional Discharge is appropriate, they should deal with the matter by way of a fine.

 

You will also pay a "Victim Surcharge which will be £20 if you are handed a Conditional Discharge or 10% of the fine (minimum £34) if you are handed a fine. As well as that the Council will ask for a contribution towards their costs. The CPS normally ask for £85 but local authorities ask for somewhat more.

 

The good news is that you will be able to take advantage of the “duty solicitor” (DS) at court on the day of your appearance.

 

The DS is available to people who appear for the first time and who are charged with an offence which can carry a custodial sentence.

 

Do not worry – there is no possibility of you going to prison for your offence.

 

As I said, fraud is a very broad spectrum charge and covers some very serious offences. It’s just the offence must carry the theoretical possibility of custody before the DS can be consulted.

 

The DS should have a chat with you about the offence, gain a brief outline of your circumstances and should represent you in court.

 

You would not be entitled to Legal Aid for your first appearance (because you can take advantage of the DS scheme) and your eligibility would only be tested if you had to appear again, in which case the DS would usually help with your application. However, your case should be dealt with in one appearance.

 

For information, very roughly, Legal Aid is available for those with an annual income of under about £11,500.  

 

Just to explain, the reason you have been summonsed to court is, once again, because the offence can carry a custodial sentence.

 

There is a court process known as the “Single Justice Procedure” (SJP) where a single Magistrate sits with a legal advisor in an office dealing with guilty pleas to minor offences “on the papers.”

 

Nobody else can attend and somebody who is being dealt with under that process must ask for a normal hearing if they want to attend court for any reason.

 

Many minor motoring offences (speeding, careless driving, etc.) are dealt with in this way. But the SJP can only be used for non-imprisonable offences.

 

Regrettably you will have a criminal conviction as a result of this. Quite what effect this will have on your employment I’m afraid is not my area of expertise.
 

Edited August 7, 2022 by dx100uk
Spacing

[honeybee13]

Thank you so much for answering my SOS, MitM. I'm sure your advice will be helpful to Luckz.

 

HB

[Blackcat13]

Thank you for that, it is much appreciated! I’m going to lose my job and career unfortunately as a result of this. I’m absolutely gutted…. Been in the education profession since I’ve been 21 and I’m 37 now

[honeybee13]

Are you sure it would mean losing your job, Luckz?  What's in your employment contract about this?

 

HB

[dx100uk]

Even if you get a criminal record it would not be deemed a 'relevant' one  .

 

If your contract was like mine was, it does not say 'any' criminal record?

 

Dx

 

[Ethel Street]

1 hour ago, Luckz666 said:

Thank you for that, it is much appreciated! I’m going to lose my job and career unfortunately as a result of this. I’m absolutely gutted…. Been in the education profession since I’ve been 21 and I’m 37 now

 

It's not automatic so please don't assume that wil definitely happen. I'm a school governor and I have been on school disciplinary panels several times over the years dealing with staff who have received a criminal conviction for an offence of dishonesty. Only on one occasion was the staff member dismissed. Every case is dealt with on its individual circumstances.

 

Get advice from your union so that they can advise you on disclosure and represent you at any school internal disciplinary proceedings.

[Blackcat13]

I thought any criminal offence would show on my DBS check and therefore would jeopardise my job. 
Im really worried about the whole situation, I haven’t told anyone about what’s happened, it’s on my mind constantly. 

[honeybee13]

I think you should take some comfort from what Ethel has said given her experience. Do you have other questions fot us?

 

HB

[Ethel Street]

@Luckz666 are you in a union? Most teachers are.

 

You need to talk to your union about this. Call the union regional office asap.

 

They will know what your contract requires you to disclose.  And they can advise you how the school is likely to react.  And how they will support you if the school.takes action under its internal staff disciplinary policy.

 

Your union can do all those things better than we can on here.

 

But please don't assume you will automatically lose your job. It is possible you will, there is no hiding from that. But it is not inevitable.

 

It will be better for you if you tell your headteacher as soon as possible. If you tell them nothing and they find out from the court the headteacher is more likely to dismiss you.

 

Earlier you said you are an "assistant teacher". Are you a qualified teacher? Or are you working as a TA (Teaching Assistant)?

 

Even if you get a Conditional Discharge it is still a conviction, so you will have a criminal record and it will appear on your DBS. There's no getting around that.

 

[Man in the middle]

For information, this is what is likely to happen on the day:

 

When you arrive at the court building, report to reception. They will have a list of those expected to attend. Make it clear you’d like to see the Duty Solicitor (DS). If they prevaricate, make it clear that you are entitled to see the DS  as you are appearing for the first time and you face a charge which can carry a custodial sentence.

 

When you see the DS he (I’ll use he but it might just as likely be “she”) will want to know your side of the story. He will also take brief notes about your domestic situation, income, employment, etc.

 

You will be called into court and should be asked to stand in the enclosed dock. The court will be presided over by either three “Lay” Magistrates or possibly a District Judge (DJ) sitting alone (some big cities make more use of DJs than smaller cities and towns). In front of them will be the court’s Legal Advisor. They are the only people facing outwards towards the court. Everybody else faces them.

 

Facing the Bench will be the Duty Solicitor  - probably nearest you – and the prosecutor. There may be a few other odd people sitting in the court but they will be nothing to do with you. There are no wigs and gowns, only suits and boots.

 

The charge will be read to you by the Legal Advisor and you will be asked to enter your plea. If you plead Guilty the prosecutor will provide a brief outline of what happened. The DS will respond with anything he thinks the court should hear about the offence and you.

 

The Magistrates may retire to discuss their sentence or they may just agree their sentence whilst remaining in court. If a DJ is presiding, he or she is unlikely to retire. You will then be sentenced.

 

Whilst a Magistrates’ Court is a formal court of law, it is far less formal than a Crown Court and you need not be worried that you will be bullied or intimidated.

[honeybee13]

That's really helpful, MitM, thank you so much for taking the time to post it.

 

HB

[Blackcat13]

Absolutely dreading the 15th, literally having no sleep and worrying sick about it. 
Terrified on what an impact it will have on me, I could lose my job….

I live in rented accommodation, could they kick me out if I get a criminal conviction?
Will it affect things like car insurance?  

[Ethel Street]

Have you spoken to your union about the potential impact on your job? Have a look again at the advice I gave in my post just above (post #43).

[Blackcat13]

Yes and my contract states I could lose it. If I do, could I gain employment elsewhere or would it be the same at every school

[Blackcat13]

Will this criminal conviction stay with me for life? 

[honeybee13]

Earlier in the thread, Ethel told you of her experience with school disciplinaries and said it isn't always a dismissal.

 

Have you spoken to your union? Some support would be really useful for you.

 

HB

[Ethel Street]

54 minutes ago, Luckz666 said:

Will this criminal conviction stay with me for life? 

 

Let's wait until we know the outcome. The answer to your question depnds on what the court decides to do on the 15th.

 

What have your union advised you to say to your school?