Anonymity order for benefit fraud

I am due to appear in court in 6 weeks under the charge section 112(1a) and (2)

i cant any afford a solicitor so I'm hoping to see the duty one. Is there a duty solicitor at magistrates court?

 

im wondering how I would go about getting an anonymity order? I'm so worried about my daughter being bullied if it appears in the local press. 

Contact your local court to

Contact your local court to see if there is a duty solicitor available.

Anonymity orders are not to prevent your child's embarassment or potential bullying, so you won't be able to get one.

You'll just have to hope that the local press aren't interested.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

Is there any possible way I

Is there any possible way I could ask for the prosecution to be reconsidered? 

no. If the CPS thinks there

no.

If the CPS thinks there is sufficient evidence, it's up to them. Decisions not to prosecute are sometimes reviewed, but not the other way around. You will have to meet their case.

Profile: Photographer, retired court reporter. I am not a lawyer.

Are you pleading guilty? If

Are you pleading guilty?

If yes, then I can understand your concern for your child, but unfortunately there is not much you can do about the reporting issue.

If no, then if you are found not guilty, that is what would be reported (or more likely not mentioned at all in the papers).

You can change your plea if you decided to plead guilty to 'get it over with'.  It's up to you.  It might be worth trying to find the money to pay a solicitor, even for a one hour discussion - borrow if necessary from friends/family.  There may be something that can be done to assist you with being found not guilty.

(I read your thread on another forum.)

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

I really don't know how I'm

I really don't know how I'm pleading to be honest. 

I have have no proof he was living somewhere else and everything points to him living with me. I don't even know how much solicitors cost for things like this and I'm already drowning in debt. 

 

 

Far better to drown in debt

Far better to drown in debt and have your innocence proved, than to drown in debt and be convicted of a crime (if you didn't do it). If you did do it, fair enough - that's your choice, but if you claim you are innocent, then I would say any money spent defending yourself is money well-spent.  Don't you have family who can assist?  A couple of hours with a solicitor specialising in benefit fraud would cost, at most, £500. 

Where was he living?  Did he stay with you? Do they have evidence of him staying regularly overnight? Did you have joint finances/bank accounts? Was he using your address?  Essentially if they have evidence that shows he was in fact living with you, then you're looking at trying to mitigate any sentence. 

You state on your other thread that he was living with his mother who refuses to give a letter stating he was there because she herself was claiming benefits as a single person, did you inform the IUC of this?  You had a solicitor for that, surely they gave you some advice? What did they state regarding the mother's refusal to provide evidence he lived with her and the likelihood of calling her as a witness?

He's not likely to drop his mother in it, but why are you reluctant to?  It's either you or her, and if he was living with her, she's the one that has been fraudulently claiming and not you.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

He was using my bank account.

He was using my bank account. I realise now this was an error on my part but I did  not know this, he owed me money and claimed (I now know it's not true) he couldn't get a bank account due to bad credit. He also used my address for employment forms and his car without my knowledge until the IUC. 

 

I did did not know that his mum was claiming benefits as a single person until I received my copy of orosecution papers the other day. My local council wrote to her asking her to contact them, which she didn't do. 

 

She he also sent debt collection letters ehich were addressed to her son back to the council with my address as a forwarding address. I didn't know any of this until the papers arrived and it stated that she had been receiving single occupancy and claiming as a single person since 2008. 

You should really see a

You should really see a solicitor.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

What kind if sentence am I

What kind if sentence am I looking at?

I'm being charged under section 112(1a) and (2)

Depends on the factors

Depends on the factors involved - could be a fine, (level 5), and/or imprisonment up to three months.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

Everyone can get a Basic Bank

Everyone can get a Basic Bank Account - even with bad credit, you just get the basic banking facilities - debit card, dd's etc - no credit or over draft.

You should contact a solicitor - it does look like you have been used.

I have an extra to add to my

I have an extra to add to my original question. 

 

I do not allow my Daughter to have contact with her father due to him having been in prison for a violent crime. He does not know my abode and I hope he wouldn't be able to find out via media. Would I be able to request this?

I missed the earlier part of

I missed the earlier part of the thread due to being away.

All magistrates courts have duty solicitors free of charge regardless of personal circumstances.

You may even qualify for full legal aid (entirely depends upon income) but benefit claimants qualify.

You do not have to prove anything the DWP does.

It is notoriously hard to prove persons were living together.

Your mother-in- law can easily be compelled to attend court and give evidence via a witness summons and can even be arrested if necessary.

Anonymity orders are granted opnly in extreme circumstances when there is evidence that serious harm will result.

Before they can be made the press have to be advised and given the opportunity to attend court to make representations against the making of the order. So in many ways they attract attention.Very often press are not interested in minor cases and an application will grab their attention,.

 

Profile: retired barrister legal adviser with MOJ.

Thank you for your reply. So

Thank you for your reply. So I would be better off not making an order?

i have heard it's hard to prove, however they do have quite a lot of evidence that points towards him living with me and he has no proof of residing elsewhere. I just want it over with now, it has caused me so much stress and anxiety. 

Also I have read that the section that I have been charged with, they don't have to prove dishonesty As it's a summary only offence. I'm not entirely sure what this means but I believe it's the less serious offence?

 

Why don't you ask your

Why don't you ask your questions of the solicitor you are booked in to see on Thursday?

Your thread on the other forum gives so much more detail than this one that I think people who comment without reading everything are giving you false hope.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

I will be asking a

I will be asking a solicitor. 

I am am only looking for general advice. 

 

I dont see see how people are giving me false hope. In what way? 

I'll amend my comment to 'may

I'll amend my comment to 'may be giving you false hope'.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

Sorry but I still don't

Sorry but I still don't understand. 

I have already stated I an aware my circumstances look damaging and am thinking about pleading guilty to get this over and done with so I'm not sure where the false hope is coming from. 

Summary only neans that the

Summary only means that the matter must be dealt with in a magistrates court.

The offence is failing to give information regarding a change of circumstances. It is committed by a simple failure whether intentional or not.

I know nothing of references to other forums but as a rough guide it is very unusual in benefit cases for any term of imprisonment for amounts under £15000.

Incidentally if you were to say to the court that you were only pleading guilty to get it over and done with  you would probably find they would not permit you to.

A court can refuse to accept a guilty plea if it is "equivocal" (not fully genuine).

Profile: retired barrister legal adviser with MOJ.

I agree that I should of

I agree that I should of informed them about his wages going into my bank which I suppose is the change in circumstances. He was not however residing at my address but I have no proof of that as he has no bills in his name anywhere. 

the amount in total is roughly £13,900. That is income support, housing benefit and council tax benefit. 

 

I did appeal this decision and the case was sent to tribunal 8 weeks ago but I have still not heard anything back about that or received a date   

A change of bank account is

A change of bank account is not a change of circumstances for the purposes of the act.

The change of circumstances must relate to a change which has the potential to affect the amount of benefit paid. A change of bank account does not meet this criteria.

Once again I remind you that you do not have to prove he was not living with you it is the DPP who has to prove he was. That is a huge difference.

Plenty of people use an ex partners bank account whilst they "sofa hop".

Physical presence is an absolute must and sharing a bank account on its own goes nowhere near enough.

 

Profile: retired barrister legal adviser with MOJ.

Thank you for your reply. I

Thank you for your reply. I have an appointment with a solicitor tomorrow morning. 

The evidence they have is

 

wages into my bank account

hr used my address on application forms (I didn't know about this until IUC)

car registered at my address

my address on 2 birth certificates

Letter from his mum stating my address and saying he did not live at hers. This letter was an unpaid council tax letter. 

 

 

With the exception of the

With the exception of the bank account none of the other pieces of so called evidence require your consent or knowledge.

The letter from the mother cannot be used as it is hearsay and it is highly unlikely an application would be granted.

DWP will have to call the mother to give evidence.

Their case on these facts is thin to the point of anorexia!

 

Profile: retired barrister legal adviser with MOJ.

I have been advised by the

I have been advised by the solicitor I saw today that it would be hard to defend but it's up to me how I want to plead. She said it doesn't look good based on what they have. 

 

I'm confused!

she said I'm looking at a community order more than likely

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