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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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Conspiracy to facilitate breaches of immigration laws. when

Customer Question

Conspiracy to facilitate breaches of immigration laws. when should someone plea guilty to this ?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.

hi


when is the best time to plea guilty?

Expert:  Jo C. replied 4 years ago.
What is the charge you are facing? What is the legislation? It will be on your charge sheet. Usually it says you committed X offence contrary to X act?
Customer: replied 4 years ago.

Conspiracy to facilitate breaches of immigration laws

Expert:  Jo C. replied 4 years ago.
So whats the legislation?
Customer: replied 4 years ago.

Law, Contrary to section 1 (1) of criminal Law Act 1977

Expert:  Jo C. replied 4 years ago.
Thats the law covering conspiracy.

Is there any other legislation? Probably the Identity Act.
Customer: replied 4 years ago.

Conspiracy to facilitate the commission of a breaches of immigration


Law, Contrary to section 1 (1) of criminal Law Act 1977


that is my charge.

Customer: replied 4 years ago.

this is what am being charge with advise me on that . when can i plea to that? before the hearing or on the hearing day?

Expert:  Jo C. replied 4 years ago.
All guilty pleas should be entered early to maximise credit.

The question is generally what is the first opportunity. If you are charged with conspiracy then that is an indictable only offence so it should be a sending from the Magistrates straight to the Crown. You will not be able to enter a plea at the Magistrates. The first possible opportunity will be either at the preliminary hearing or the PCMH in the Crown Court.

If its facilitation only then thats either way so you will be able to enter a plea at the Magistrates. You should plead even though they would send it to the Crown Court. That doesn't seem to be what you are describing .

However, you shouldn't be pleading unless there is enough evidence to convict. Its quite hard to prove conspiracy and they might take a lesser plea.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Customer: replied 4 years ago.

what is the lesser plea i can go for? and i am going for hearing at the end of this month, so should i plea next week or on the day of the hearing at crown court?

Expert:  Jo C. replied 4 years ago.
I will be happy to look at that but I will need to know details of the offence.

Also, this is a different question so please rate my answer.
Customer: replied 4 years ago.

i will be happy to rate u that is for sure but u have not answer my question please?


 


the details of the offense is : Deliberate attempt by defendants to circumvent immigration controls by organising / taking part in a shame marriage.


 


so i am being charge of organising / fixing a shame marriage. what should i do ?

Customer: replied 4 years ago.

are you there?

Customer: replied 4 years ago.

i did not receive your responds

Expert:  Jo C. replied 4 years ago.
Sorry, I did post to this.

Just wondering why you think your original question hasn't been answered?

You asked when you should plead and that was covered above.
Customer: replied 4 years ago.

All guilty pleas should be entered early to maximise credit this is what u advise but when is early ? is it weeks before the hearing day or on the hearing day please?


 


and


The details of the offense is : Deliberate attempt by defendants to circumvent immigration controls by organising / taking part in a shame marriage.


 


 


 


so i am being charge of organising / fixing a shame marriage. what should i do ?

Expert:  Jo C. replied 4 years ago.
1 Thats been covered in my original answer. If this is conspiracy then its at the first hearing at the Crown Court for the reasons explained.

2 Happy to look at that but please rate my answer.
Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

which related information you wanted to give me please?


 


the details of the offense is : Deliberate attempt by defendants to circumvent immigration controls by organising / taking part in a shame marriage.


 


so i am being charge of organising / fixing a shame marriage. what should i do ?

Expert:  Jo C. replied 4 years ago.
You don't want to be entering pleas to these offences without carefully considering your position.

The evidence may be overwhelming and you may have no choice. If so, then you will have to plead.

If there is any chance at all to offer a lesser offence or to contest the matter on facts you should be taking it.

This is an offence that would lead to custody inevitably. Its not something to which you should be pleading just to maximise credit.

Normally conspiracy is hard for the Crown to show. If you've been involved in organising sham marriages though I suppose they can show some co-operation with another defendant whether apprehended or not.

I would normally suggest offering a plea to simple facilitating.

Alternatively you could plead to the charge and try to contest the full extent of the facts the Crown allege.

Obviously you cannot say anything untrue but you can put the Crown to proof.
Customer: replied 4 years ago.

my barrister ask me to plea to it but i should explain my position in the crime to the court, however i am not comfortable to accept that charge but i dont know what to do.

Expert:  Jo C. replied 4 years ago.
If you have advice on it then you should almost certainly be following that. He has had full vision of the case and I have not.

I was just making the point that you shouldn't be entering pleas without proper advice and consideration.

He is probably suggesting a basis of plea which makes the point that you were not high in the conspiracy which is probably a good idea.
Customer: replied 4 years ago.

your are right but what is my fair is i am still pleading to Conspiracy to facilitate the commission of a breaches of immigration.


 


or does the charge not make any difference as his trying to put me into a low position not the main fixer in the crime?

Expert:  Jo C. replied 4 years ago.
The offence does make a difference but if the evidence is overwhelming then there isn't any other option realistically.

If the crown have an overwhelming case then they are not likely to want to negotiate a lesser offence.

Being lower down the conspiracy chain is a better place to be than being higher.
Customer: replied 4 years ago.

evidence the prosecution have on me is: two people willing to give statement, phone call evidence, cctv and money paid into my bank. so what do u think about that?

Expert:  Jo C. replied 4 years ago.
I cant really say. I haven't had vision of the evidence or its credibility.

Obviously it does seem rather strong on the face of it.