ARAG moves into criminal prosecution defence

ARAG is offering an innovative Family Prosecution Defence policy to protect individuals accused of criminal offences. The new policy guarantees the right and freedom to have a defence in court.

The cost of obtaining justice can be extremely high, even for those who are completely innocent. Family Prosecution Defence provides first class lawyers, protecting innocent family members of someone who is accused of committing a crime against serious financial consequences– such as the need to re-mortgage or sell the family car to fund a proper defence.

Plugging the defence funding gap caused by a combination of  savage cuts to  Legal Aid, changes to the rules on recovering costs at crown court trial and cover limitations that generally apply to existing Family legal protection products; the new policy extends  to areas such as allegations of dishonesty, violence, uninsured driving and alcohol or drug-related offences. All family members including those studying for further education away from home are covered.

 The burden of proof in a criminal trial lies with the prosecutor who is required beyond all reasonable doubt to prove that the accused is guilty of the charge. We’re here to ensure a quality defence is available so there is no miscarriage of justice.

Where an error of judgement has been made and an individual has been drawn into committing a crime, just as for those who are wrongly accused, individuals still have a legal right to a defence. They have the opportunity to apologise to the court and those affected by their actions. Under these circumstances, when a guilty plea is entered, the court can be lenient when passing sentence, if the judge is convinced of the defendant's remorse.

Family Prosecution Defence will typically be available to boost Family Legal Protection policies for High Net Worth individuals or for company directors and partners as an extension to commercial products, but the new policy is also suited to affinity groups.

 What is covered?

The new policy covers the majority of criminal acts but Class A and Class J offences (homicide, serious sexual offences, offences against children), corruption, money laundering, parking) or repeat offences are excluded. Most importantly, assistance can be sought before an arrest or notice of prosecution is received.

In addition to criminal matters cover is available to provide representation for individuals facing a regulatory investigation or disciplinary action by a professional body. Confidential telephone counselling and legal advice is also provided as well as access to an online consumer legal service website, for legal advice and documentation.

Policyholders are urged to add the 24/7 helpline number to their mobile contact list to ensure immediate representation is available for police interviews.

The number of lawyers prepared to take on legal aid cases has reduced as the rate they are paid makes it unattractive to work in that area, and the courts have realised a huge surge in the number of litigants representing themselves. Our FPD policyholders don't have to worry about that because they have access to the best people to help them and ARAG will be footing the bill.

David Haynes
Head of Underwriting and Marketing

British business urged to avoid employment problems in 2015

ARAG UK are forecasting another tough year for employers as complex new legislation kicks in. For 2015 a major stumbling block is likely to be shared parental leave and other new parenting rights which were created by the Children and Families Act 2014 and come into effect for births from 5^th April this year.

 The legislation will allow either parent to take responsibility for their child's care by co-ordinating up to 50 weeks' shared leave-taking between employers if necessary. Mothers must still take 2 weeks compulsory maternity leave after the birth and fathers are still entitled to two weeks' paternity leave. After that leave can be shared in single or multiple blocks of leave but employers will be able to refuse discontinuous leave patterns subject to entering into a two week discussion period. There are a number of notices to be completed which must be provided at least 8 weeks before the proposed Shared Parental Leave (SPL).

All leave must be taken during the first year of the child's life.  There will be 20 additional 'keep-in-touch' days to be shared between the parents.

 I know that experienced professionals are sometimes wilting under the pressure of accurately interpreting new rules, but ARAG are here to help get it right. Policyholders can get advice directly from qualified legal advisors and are insured against legal defence costs if disputes arise.

All ARAG commercial legal protection policies include online and telephone assistance backed up by comprehensive legal defence if an employment dispute arises. In addition, for those customers who want additional peace of mind, the Employment Practices Protection policy focuses on complete cover without the requirement for claims to satisfy “reasonable prospects of success” test following a health check of the policyholder's employment practices and procedures.

 In summary

·         SPL allows an eligible mother or primary adopter to share up to 50 weeks of leave and 37 weeks of statutory shared parental pay (SSPP) with their co-parent.

·         There are a number of eligibility tests that need to be satisfied.

 In addition

• Employees can return to work during SPL for up to 20 SPLIT (Shared Parental Leave in Touch) days.
• Existing terms and conditions continue to apply save in respect of remuneration. 
• Employees are entitled to return to work to the same role or a similar role, depending on the amount of leave taken.
• Employees are protected from detriment and dismissal in connection with exercising their rights to take SPL.

David Haynes
Head of Underwriting and Marketing