WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR TIPPING OFF?

Tipping off offences have become an area of increasing legal concern in the UK, with numerous cases reported each year. Facing charges for tipping off can be daunting, but it’s crucial to seek the guidance of a qualified criminal defence solicitor as early as possible to navigate the complexities of your case. In this article, we will explore essential questions such as whether you need a solicitor for a tipping off charge, what possible defences are available, and your likelihood of being granted bail.

Do I need a solicitor for tipping off?

Tipping off refers to the act of informing someone who is the subject of a money laundering investigation that they are being investigated, which can seriously impact the investigation’s effectiveness. This is considered an offence under the Proceeds of Crime Act 2002. Some of the reasons why engaging a criminal defence solicitor can be vital if you are facing such a charge include:

• Understanding the charges: A solicitor can help you comprehend the nature of the charges against you. The legal language and the nuances of the Proceeds of Crime Act can be complex, and a solicitor can explain exactly what you are being accused of in understandable terms.
• Building a defence: Defending against a charge of tipping off requires a detailed knowledge of the law and an understanding of how to present evidence effectively. A solicitor can work to gather evidence, identify weaknesses in the prosecution’s case, and construct a robust defence strategy tailored to your situation.
• Legal advice and guidance: Being involved in any criminal matter can be stressful and confusing. A solicitor can provide ongoing advice and guidance throughout the process, helping you make informed decisions at each stage.

What are possible defences for tipping off?

One viable defence is demonstrating that the disclosure did not impede or prejudice an investigation. This might be applicable if you can show that the tip-off did not affect the police’s ability to investigate potential criminal activity. For instance, you may have disclosed information to a party who was not involved in the illegal activities and who would not use this information to alter or conceal any wrongdoing.

Another defence could be proving ignorance of the fact that your disclosure would constitute a tipping-off offence. This means you genuinely were not aware that sharing the information could warn the suspect and potentially compromise the investigation. This defence requires a strong portrayal of good faith and a lack of intent to obstruct justice.

You might also argue that the disclosure was made to a relevant professional adviser or another person who is authorised to receive such information without it constituting tipping off. This includes instances where you shared information with legal advisers under privileged circumstances, or with regulatory bodies who have an obligation to act on the information appropriately.

In some situations, you might claim that the information was shared inadvertently or as part of a series of required disclosures, for example, under regulatory obligations where no such intent to tip off was present. Attention to detail and documentation showing adherence to regulatory processes may support this defence.

Will I get bail for tipping off?

The court considers several factors before deciding whether you may be granted bail.

Firstly, the nature and seriousness of the offence are taken into account. Tipping off is a serious charge as it potentially obstructs justice and enables further criminal activity. The court will evaluate whether your actions have a significant impact on the investigation or if you have caused harm to the case at hand.

Secondly, the court will assess the risk of you committing further offences if released on bail. If there is a concern that you may continue to interfere with the investigation or warning other individuals involved in criminal activity, this could negatively impact your chances of being granted bail.

Another critical factor is the likelihood of you appearing in court when required. The court wants to ensure that you do not abscond, and it will evaluate your ties to the community, such as employment, family responsibilities, and other commitments, which could improve your chances of being granted bail.

The court will also consider any previous bail breaches or criminal record. A history of failing to comply with bail conditions or a significant criminal record may lead the court to view you as a higher risk, thereby decreasing your chances of receiving bail.

Will I have to go to court if I’m arrested or charged for tipping off?

Initially, the police or the prosecuting authority will decide if there is sufficient evidence to charge you with this offence. If you are charged, your case may proceed to court unless it is resolved at an earlier stage, such as being discontinued if there is insufficient evidence or through other diversionary measures.

In England and Wales, tipping off can be heard in either the Magistrates’ Court or the Crown Court. The decision on where the case is heard will largely depend on the specifics of your case and its seriousness. If your case is deemed less severe, it might be dealt with in the Magistrates’ Court. However, more serious instances of tipping off are likely to be escalated to the Crown Court.

Will I go to jail if found guilty of tipping off?

Whether or not you will serve a jail sentence depends on various factors, including the specifics of your case and your criminal history. The courts have guidelines to follow when determining sentences, but outcomes can vary based on individual circumstances. Some elements that might influence the decision include:

• Severity of the offence: The more serious the impact of your actions on the investigation, the harsher the penalty might be. For example, if your actions led to significant obstruction of justice or allowed the concealment of criminal activities, the court might lean towards a custodial sentence.
• Intent and knowledge: The prosecution must prove that you knowingly disclosed information that might impede an investigation. If it is demonstrated that you acted without awareness of the investigation, this might be considered in your favour.
• Mitigating factors: If there are factors that lessen the severity of your involvement, such as acting under duress or making a simple error in judgment, these might lead to a more lenient sentence.
• Previous convictions: A clean criminal record may help your case.

Will I go to jail if it’s my first offence of tipping off? 

If you are facing charges for tipping off and it’s your first offence, you may well be concerned about the possibility of a custodial sentence. The court will consider various aspects before deciding on the appropriate penalty:

• The severity of the offence: The court will assess how your actions impacted the investigation or police efforts. If your actions seriously hindered a criminal investigation, this might be viewed more seriously.
• Intent and awareness: Whether you knowingly and intentionally tipped off the person being investigated is key. Understanding the implications of your actions can significantly influence the court’s decision. If the tipping off was deliberate and intended to obstruct justice, it is more likely to result in a custodial sentence. That said, if it can be shown that the offence was unintentional or due to a lack of understanding, the court may consider a more lenient penalty.
• Aggravating and mitigating factors: Aggravating factors, such as tipping off in exchange for financial gain or as part of organised criminal activity, can increase the likelihood of imprisonment. Conversely, mitigating factors, such as a lack of previous convictions, genuine remorse, or cooperation with authorities, may reduce the severity of the sentence. An early guilty plea can also lead to a reduced penalty.

Can I get Legal Aid for tipping off?

Legal Aid is typically available for cases where substantial legal advice or representation is needed, and for individuals whose income qualifies them for such assistance. When applied to a tipping off charge, you would need to establish both a financial and a merit eligibility to get this support.

The financial eligibility is determined by an assessment of your means, such as your income, savings, and family circumstances. If you earn below a certain threshold, you may be eligible for Legal Aid. The merit test involves looking at the seriousness of the crime and potential punishments. Given the severity of tipping off, it could easily satisfy this test.

Where to get more help

Understanding the legal process and your rights throughout any trial is crucial in navigating your case effectively. A knowledgeable criminal defence solicitor can provide you with the best possible guidance and support, ensuring your side of the story is heard. At Stuart Miller Solicitors, we are committed to offering comprehensive legal advice tailored to your unique situation. If you need expert assistance, get in touch to arrange your free consultation today.

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20:24 06 Mar 24

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10:14 16 Feb 24

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15:27 08 Feb 24

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20:42 07 Feb 24

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

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22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

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