QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE WALKER
|THE QUEEN ON THE APPLICATION OF JOHN PEARSON|
|GREENWICH MAGISTRATES' COURT|
|LONDON BOROUGH OF GREENWICH|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented
Crown Copyright ©
"111A.-(1)(If a person dishonestly-
(a) makes a false statement or representation; [or]
(b) produces or furnishes, or causes or allows to be produced or furnished, any document or information which is false in a material particular;
with the view to obtaining any benefit or other payment or advantage under the [relevant] social security legislation (whether for himself or for some other person), he shall be guilty of an offence.
(a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding seven years, or to a fine, or to both.
"112 False representations for obtaining benefit etc
(1) If a person for the purpose of obtaining any benefit or other payment under the relevant social security legislation whether for himself or some other person, or for any other purpose connected with that legislation—
(a) makes a statement or representation which he knows to be false; or
(b) produces or furnishes, or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
he shall be guilty of an offence.
"a. Whether it is correct that a person can be said to have made a false statement with the allegation being that wrong information was positively given by saying that that person omitted to give certain information; and
b. Whether a person can be said to have made a false statement by omitting certain information where no specific place is identified on the relevant form as being the place where that particular information should be placed;
c. Whether the state of knowledge of the recipient of a statement is relevant in determining whether a false statement has been made under section 112(1) of the Social Security Administration Act 1992."
Mr Patel, thank you very much.
MR PATEL: Thank you my Lord, I think the only matter is legal aid taxation.
LORD JUSTICE MAURICE KAY: Yes, legal aid was granted by Sullivan J. Yes, you may have an order for assessment.
MR PATEL: Thank you, my Lord.
MR JUSTICE WALKER: Do you seek an order for costs against Greenwich on the appeal?
MR PATEL: Yes, my Lord.
LORD JUSTICE MAURICE KAY: Mr Patel, was Mr Pearson represented at the Crown Court, or was he in person?
MR PATEL: In the Magistrates' Court he was represented, yes.
LORD JUSTICE MAURICE KAY: He was, by solicitors or council?
MR PATEL: By myself.
LORD JUSTICE MAURICE KAY: On legal aid or privately?
MR PATEL: It was on legal aid.
LORD JUSTICE MAURICE KAY: We will simply make the order for your legal aid assessment. We infer from what you tell us that Mr Pearson is not out of pocket if we make that order. As between the various public authorities who might conceivably foot the bill, on this occasion we will let the legal aid authority take the bill and, of course, Greenwich will have to now foot their own bill for the hearing for the magistrates, because Mr Pearson is relieved of that order for costs. Thank you very much.