Pip been stopped. Any advice?
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Sorry if I did not make myself clear. Being advised to plead guilty irrespective of whether they are actually guilty is the norm in benefit fraud. It is only different when the accused is able to access good advice from a WRO that things change. In fact I have even heard that the criminal case should and is put on hold until the results of a FTT appeal hearing of an appeal has been issued over the level of any overpayment.Username_removed said:
I’m not sure you’ve understood my point here. The advice to fess up tends to occur when there’s no WR advice. It would rarely occur where there was. OTIS20 said:skullcap said:Thanks, all very logical and clear. 'best way forward as to fess up to a fraud because they don’t necessarily know their way around the benefit rules'. could also be where a legal aid solicitor and/or barrister knows absolutely nothing about the benefit rules and best advice that is given in many/most cases is as you have said, plead guilty for the chance of a reduced sentence irrespective of whether the claimant is guilty or not. Heard of it happening quite a few times especially involving cases where Welfare Rights are not of good quality that is if you can find one in the first place.
Finding these experienced solicitors/barristers that have good knowledge of the workings of the welfare system is almost impossible to secure unless you have the funds to do so. Likewise good WRO are as rare as hen's teeth too.
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Thanks. I agree and from my point of view can only evidence cases that I am aware of. I have good knowledge of three such cases that all ended up in Crown Court where the accused either failed to find a WRO or did not put much effort into finding one. All had legal representation via legal aid with two of them having barristers that could not attend court so ended up with an 'unknown' representative.
All pleaded guilty on the advice of their barrister and all three received suspended prison terms as well as an order to repay what the DWP had calculated.
Whether the convictions as well as the mitigation could have been handled better I have no idea, but following the hearing one of the cases ended up at a Tribunal where the overpayment was deemed not collectible due to health issues. This decision did not affect the order that was made by the Court. The original overpayment still stood to be paid into court.
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