Earthing conductor route

David


You will be pleased to hear that it is already a criminal offence to issue fraudulent test certificates and reports. Fraud is notoriously difficult to prosecute and convict. However I have been involved in providing expert witness reports for a couple of Trading Standards departments. The offence is much simpler to prosecute. The prosecution hinges on the test certificate or report being false OR misleading and it was produced by way of trade. So only 2 things to prove. The by way of trade part of the offence is proved by the person advertising their services and the victim paying money for the report. Often, sadly, victims are reluctant to provide a signed statement and even more frightened to come to court and give evidence if required to do so.


The false OR misleading bit is the bit I do presenting a statement pointing out all the errors and exhibiting photos. The last line of my statements is the document was both false AND misleading which they always are.


The offences are triable either way so can be dealt with by a formal caution, magistrates court which they usually are. I have had 2 cases go all the way to trial at the Crown Court. On indictment the offence can carry 2 years imprisonment and an unlimited fie. The last case I did the jury were onl,y out 10 minutes and came back with a guilty verdict. The lady judge went to town on the electrician ripping him to pieces for his lies and deceit. She announced she was going to consider a custodial sentence. The convicted person's barrister asked for a 15 minute adjournment to take instructions. The judge baled the convicted person to the confines of the court and when the barrister returned he did an excellent sob story speech on why the conviction would destroy his life. In the end the electrician got a suspended sentence, a £5k fine and £5k costs and a victim payment.


The judge ordered that his regulating body be informed which it was, and he was removed from the nominal roll. He is now back on their nominal roll so that is alright then!

David


You will be pleased to hear that it is already a criminal offence to issue fraudulent test certificates and reports. Fraud is notoriously difficult to prosecute and convict. However I have been involved in providing expert witness reports for a couple of Trading Standards departments. The offence is much simpler to prosecute. The prosecution hinges on the test certificate or report being false OR misleading and it was produced by way of trade. So only 2 things to prove. The by way of trade part of the offence is proved by the person advertising their services and the victim paying money for the report. Often, sadly, victims are reluctant to provide a signed statement and even more frightened to come to court and give evidence if required to do so.


The false OR misleading bit is the bit I do presenting a statement pointing out all the errors and exhibiting photos. The last line of my statements is the document was both false AND misleading which they always are.


The offences are triable either way so can be dealt with by a formal caution, magistrates court which they usually are. I have had 2 cases go all the way to trial at the Crown Court. On indictment the offence can carry 2 years imprisonment and an unlimited fie. The last case I did the jury were onl,y out 10 minutes and came back with a guilty verdict. The lady judge went to town on the electrician ripping him to pieces for his lies and deceit. She announced she was going to consider a custodial sentence. The convicted person's barrister asked for a 15 minute adjournment to take instructions. The judge baled the convicted person to the confines of the court and when the barrister returned he did an excellent sob story speech on why the conviction would destroy his life. In the end the electrician got a suspended sentence, a £5k fine and £5k costs and a victim payment.


The judge ordered that his regulating body be informed which it was, and he was removed from the nominal roll. He is now back on their nominal roll so that is alright then!