As outlined above there is no requirement for the police to refer these cases to the CPS for approval of an out-of-court disposal. that false imprisonment be replaced with a new statutory offence of unlawful detention - a label which we believe better captures the nature of the offence We also recommended changes to the. The appellant used kitchen scissors to cut off the complainants ponytail and some hair off the top of her head without her consent. An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule. App. Naturally I felt sceptical about not being represented by my usual defence, however from the minute Reem had taken over my case I was certain Im in good hands.Professionalism is always of high quality. The impact of being involved in a crime and having to answer very probing questions can be very harsh for some people. Golding [2014] EWCA Crim 889indicates that harm does not have to be either permanent or dangerous and that ultimately, the assessment of harm done is a matter for the jury, applying contemporary social standards. Our false imprisonment solicitors can help. How sentences can be added to national information databases. That the injuries required medical treatment, because they could not be treated by the victim alone and required medical assessment at least, may indicate a serious injury. 20th November 2014. I have been with Stuart Miller for over 15 years and had no doubt trusting them with my case and friends that Ive recommended.Thank you for your hard work and hope you guys keep it up.Ozkan Albay. false imprisonment definition: 1. the limiting of someone's freedom without the authority or right to do so: 2. the limiting of. A person intends to cause a result if he/she consciously acts in order to bring it about. Thank you Reem for all your help. This being the case, you are assigned a case lawyer when you take us on who will ensure that youre regularly updated with any development. The offence of false imprisonment is sometimes referred to as unlawful imprisonment, detention or custody. Legal Futures, 28th July 2022. Your case will be handled by an expert who specialises in your type of offence. They dealt with my issue straightaway and provided the best result I could have hoped for. He or she should accompany you to an interview. The offence will be particularly appropriate if there has been no assault or if an assault has been prevented, yet the person to whom the threat was made was given real cause to believe it would be carried out. Stuart Miller Solicitors have accrued over thirty years of defending those accused of false imprisonment. Cases of common assault or battery of a child by a person in loco parentis (anyone who is assuming the role and responsibility of a parent), that are not classified as domestic abuse, do not have to be referred to a prosecutor for a conditional caution authorisation or decision on charge. I was recommended to speak to selina. The Whole Act you have selected contains over 200 provisions and might take some time to download. Experiencing going to court, especially when it is a foreign & new concept to you can be extremely daunting and even traumatic - but thanks to both Andreas and Hamza the process was made as straightforward as possible. 9, 2019). Section 68A(4) SA 2020 defines providing public services to include a reference to providing goods or facilities to the public. If a separate assault accompanies the detention this should be reflected in the particulars of the indictment. We have also put the sentencing guidelines below. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. There is also a separate offence of child abduction, which may be relevant if the victim or alleged victim is under 16. This episode between the appellant and the complainant was not an isolated one - there had been a background of threats of violence previously. False imprisonment is also a tort, (civil wrong). Time Served: 18 years. The court noted that . M Zeb liaised with me after he saw my father and informed of the steps they would be taking from there onwards. a sentence of ten years' imprisonment was upheld where the appellant was one of a group of men responsible for blackmailing the complainant's hairdressing business by threating to smash up the shop and demanding between 3,000 and 4,000 as protection money not to do so. If the accused does not want to plead guilty, then its essential for the solicitor to regularly inform the Court throughout the trial of the reasons why the clients plea is not guilty. EXTREMELY happy with this team!! It must consult a relevant authority in which the child ordinarily resides, who may undertake the necessary enquiries in their place - section 47(12). Mohammad is such a nice guy nothing was ever too much for him! Work the police should of done prior to sending to CPS! An American take on a U.K. case of police misconduct (putting it mildly) which sadly, is not confined to the U.K. LEO's, you're supposed to be professionals 396. 247 High Road, Wood Green, London, N22 8HF. I used Stuart Miller Solicitors to assist with an unfortunate problem that arose. Abu Kibla pushed for a witness summons so Stuart Miller could perform cross examination at trial to help prove the inconsistencies in case. I am writing this review to highlight the great work and representation received from Stuart Miller from start to finish.The partnership with Stuart Miller began at my plead hearing where I met Abu Kibla who thoroughly read through my CPS case and was able to highlight the holes in the case against me he established very quickly there is no grounds for any type of prosecution and ultimately agreed with my plead decision of not guilty. GOV.UK is the place to find Provided there has been an intentional or reckless application of unlawful force the offence will have been committed, however slight the force. Mo Zeb saw me on weekends and week days on video and in person. Court found this was a case of greater harm because it involved a sustained or repeated assault on the victim; that the circumstances of the offence demonstrated an intention to commit more serious harm than resulted. Highly recommended Stuart miller solicitorsSpecially Victoria H very friendly and professional personHelped me out a lot in my case great women and smartI was very confused and lost until I didnt meet herMade everything very simple for me thanks!!!!!!! I would like to thank Savannah Loizidesfor all her hard work for assisting my sons case and helped discontinue the charges before reaching Trial. Working together so that every case benefits from having every angle uncovered, the team have also developed an extensive network of professionals related to the legal field. Contacted company just after midnight on the out-of-hours number in connection with criminal charges to be heard in court later that same morning. A person lacks mental capacity if at the material time, he/she is unable to make a decision for himself/herself because of an impairment of, or a disturbance in the functioning of, the mind or brain (s.2(1) MCA). If convicted of false imprisonment in Wisconsin, you could potentially be fined up to $10,000 and/or six years of imprisonment, in addition to the suppression of various civil rights even after the . Intent may often be a trial issue where section 18 is charged, and will often rely on inference, but proof by inference is proof nonetheless, and where there is sufficient evidence for a jury to be sure of this intention this should be left to a jury. Young person (aged under 18)at time of conviction, Prison sentences of more than 2.5years (30 months) but less than 4 years, Prison sentences of more than 6 monthsbut less than 2.5 years (30 months), Other Including Compensation Order,Supervision Order, Bind Over, HospitalOrder, Length of the order / once compensation is paid, Length of the order / oncecompensation is paid, Restricting the movement of a person by taking intentional custody of a person, Restraining the person (possibly using restraints), Somebody is locked into a room without their consent or by force, A person is held down by somebody so that they cannot leave, Being medicated by nursing home staff without consent, A person holds onto a valuable possession of another, knowing that the owner of that possession would not leave without it, A security guard or a storeowner detains somebody for an unreasonable amount of time for suspected theft, A policeman holding you in custody for an unreasonable amount of time, A leading role where offending is part of a group activity, Involvement of others through pressure, influence, Abuse of position of power or trust or responsibility, Sophisticated nature of offence/significant planning, Fraudulent activity conducted over sustained period of time, Deliberately targeting victim on basis of vulnerability, A significant role where offending is part of a group activity. This offence is contained in The Child Abduction Act 1984. He was empathetic and understanding, and spoke to us in a down to earth way and explained the process. This offence is not superseded by the new offence at in section 1 of the 2018 Act as most immigration officers are not covered by the definition of an emergency worker at section 3. The guidance in cases such as Golding and Bollom should be applied when determining whether the injury amounts to ABH or GBH. 1.2 On 27 September 2011 we published Simplification of Criminal Law: Kidnapping, Consultation Paper No 200 ("the CP"), which provisionally proposed the replacement of the common law offences of kidnapping and false imprisonment in statute. E+W+N.I. This is the original version (as it was originally enacted). The s.29 offence requires proof that the conduct was done "maliciously" and in addition, there must be proof of an intent to burn, maim, disfigure, or disable any person or to do some grievous bodily harm. Good luck. Get in touch with us now for possession of false imprisonment legal help. The Act abolishes the common law defence of reasonable punishment in Wales and amends section 58 of the Children Act 2004 so that it only applies to England. 3. Im hoping not to need them again but if I ever did I wouldnt go anywhere else!Thank you so much x, Thank you so much for having the time to deal with us today at court short noticeI pray mo zeb and kibla and the team all they deserve. Offences under Part 3 carry a maximum sentence of seven years imprisonment or a fine or both. Savannah Loizides, my lawyer, was really professional, helpful, and courteous. She greatly aided my case, allowing me to avoid going to trial. You The offender is liable on conviction on indictment to imprisonment for life. App. Overview. The Council produces guidelines on sentencing for the judiciary and criminal justice professionals and aims to increase public understanding of sentencing. See Chapter 5 of the Disclosure Manual for further details on reasonable lines of enquiry and third-party material including information on applying for a witness summons. In deciding whether injuries are grievous, an assessment has to be made of, amongst other things, the effect of the harm on the particular individual. 102 Petty France, 200 provisions and might take some time to download. The quality of treatment he gave us was 10/10. Here are some examples of what false imprisonment or unlawful detention looks like in the UK: Depending on what happened, and what you are charged with, the maximum sentence for this offence is life imprisonment. I HAD TO SPLIT THE REVIEW IN 2 PARTS BECAUSE IT WAS SO LONGPART 1I will be honest; I never heard of Stuart Miller Solicitors, but when my father needed legal assistance, that very name popped up, and all I heard was good reviews. (c) Section 59 (inciting terrorism overseas). Gerkan Orman went out his way and help me very polite helpfull man and his very professional at his job the company is very helpful and gave me very good advice. With Avinta's experience she was able to give me feedback on how to conduct myself in court with the particular judge. Im very satisfied with the way all Stuart Miller staff has dealt with me all these years. government's services and The values in the table below are to be used foractualorintendedloss only. London, SW1H 9EA. Zholia Alemi forged N, At the CPS, we value feedback from the communities we serve to continue to improve the way we work. The UK has seen its fair share of wrongful convictions. The proceedings can be commenced when both the following apply: This has effect despite the limitations in section 127 Magistrates Court Act 1980, which states that summary only proceedings must be commenced within 6 months of the date of the offence was committed, (section 39A(5) CJA 1988). The claimant does not have to be present in the UK to issue proceedings but in certain claims, where the defendant was the Home Office or police and they had the right to detain, it would result in only nominal damages. This website uses cookies to ensure you get the best experience on our website. That Part says, "A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if . The entire costs of the prosecutor, including fees for the use of external Barristers used by the CPS, can be recovered from the defendant, subject to means. Section 3(5)(a) of the Immigration Act 1971 ("the 1971 Act . But opting out of some of these cookies may have an effect on your browsing experience. For further indications of the seriousness with which this offending is treated, see: R v Riley [2017] EWCA Crim 243, R v Midmore [2017] EWCA Crim 533, R v Isaac [2016] EWCA Crim 1907. You may have already been charged or arrested for the crime of false imprisonment. Prosecutors should be aware of the specific offences that could apply to incidents involving children including child neglect contrary to section 1(1) Children and Young Persons Act 1933 and causing or allowing the death a child or vulnerable adult contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004). 13An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking). The definition of false imprisonment is the unlawful restraint of someone which affects the person's freedom of movement. Our experienced lawyers are available any time of day or night. In the lead up to my sentencing hearing, Reem was abroad and still checked in with me.I was expecting a custodial sentence with a starting point of 5 years and managed to leave court with a suspended sentence/community service. 2 . The culpability of the offender, the injuries suffered by the complainant and the overall harm caused; Battery should never be charged solely as a means of keeping the offence in the magistrates court. The barrister (Adam Squibbs )who attended was very professional and I was content that he did his utmost in defending my son's case and presented a good defence and the outcome was as I had expected considering the offence. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. He swore and said, I am going to kill you. Especially Tasnuva Hossain for her work and professionalism in my case. Great Work . When considering appropriate charges prosecutors should have regard to section 58 of the Children Act 2004 and paragraph 8 of the Review of this section completed by the Department for Children, Schools and Families in 2007. I would like to thank Selina Guler for her wonderful work in preparing my defence, as well as Joe Barlow, who were exceptionally helpful throughout the process, explaining everything that arose in detail so as to ensure I could make informed decisions throughout. My experience was very good. I highly recommend! False imprisonment is an offence under common law and is distinct from kidnap as it involves purely the unlawful detention of the victim and does not involve the carrying away of the victim. Communication is fast and reliable and always confidential through my whole experience.This firm clearly understands clienteles unique situations and deals with accordingly. section 1 (endangering safety at aerodromes); section 10 (seizing or exercising control of fixed platforms); section 11 (destroying fixed platforms or endangering their safety); section 12 (other acts endangering or likely to endanger safe navigation); An offence under any of the provisions of the Terrorism Act 2000 listed in column 1 of the following table that meets the condition listed in relation to it in column 2, An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001 committed on or after 12 January 2010. Below are details on how long you will be listed as holding a criminal record if convicted. The Racial and Religious Hatred Act 2006 amended the Public Order Act 1986 by adding Part 3A. Help us to improve our website;let us know They will look at: In recent years, several changes have been made to the sentencing system in the UK to save the court time and cost and to protect witnesses from the stress of needlessly going through a trial. For offences against older people, please refer to the CPS guidance Older People: Prosecuting Crimes against, in the Legal Guidance. Usually Mr Kibla deals with my profile however on this occasion I was introduced to his colleague Reem. My solicitor Andreas took it upon himself to understand my case inside out, giving updates and information to cover any gaps. He seized her neck a third time. Offences of ill-treatment and wilful neglect are continuing offences (R v Hayles [1969] 1 Q.B. 1994/570), The offence was committed on or after 13 April 2015, (b) Section 56 (directing terrorist organisation). The counsel that I was assigned was first class, (Parveen). 364, 53 Cr. I was given fantastic support and guidance throughout the entire legal process. An offence under any of the following provisions of the Aviation Security Act 1982. The inflation adjustment of this award in June 2006 was 37,776. Thank you to Savannah who is very supportive, helpful and professional and reassuring in a difficult situation as well as her colleagues at an excellent firm, Thank you Andreas for being so professional at dealing with the case to the point of having it dismissed. 'A barrister working as a trade union's in-house lawyer has received a formal apology and damages of 3,000 from the Metropolitan Police after he was arrested on a picket line.'. An offence contrary to section 18 may also be committed where the victim is wounded or caused grievous bodily harm in the course of the defendant resisting or preventing the lawful apprehension of any person. Prima Facie Case The defendant willfully acts . Any information or update either of us knew of, we all informed each straight away, the communication between us was brilliant. Attempting to choke, suffocate or strangle with intent to enable the commission of an indictable offence, contrary to, Causing to be taken or administering a drug with intent to enable the commission of an indictable offence, contrary to, Administering poison or noxious thing thereby endangering life or inflicting GBH, contrary to, Administering poison or noxious thing with intent to injure, aggrieve or annoy, contrary to, Causing bodily injury by explosives, contrary to, those working in some detention roles and therefore covered by the custody officer definition. Besides, the Court may demand payment of the following if the accused is convicted: Payment of costs applied for by the prosecutors. He was professional, personable, conscientious and able to confidently liaise with the various parties in the Courts system to direct our case along the best possible pathway and in the conclusion elicited a very positive result for us.We are pleased and very thankful for his professional service, stewardship and guidance in our case. Id like to especially thank Savannah and Mr Kibla for their work. These cookies do not store any personal information. Where any person being [F10 criminally] stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England or Ireland, shall die of such stroke, poisoning, or hurt in England or Ireland, or, being [F10 criminally] stricken, poisoned, or otherwise . A local authoritys duty is to investigate where it has reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm - section 47 Children Act 1989. An offence under section 1 of the Infanticide Act 1938 (infanticide). For the indictment, ill treatment and wilful neglect should feature in separate counts. An offence under any of the following provisions of the Aviation and Maritime Security Act 1990. For the third year in a row the number of exonerations in the United States has hit a record high. Once again, the level of injury should usually indicate the appropriate level of charge but there may be some truly borderline cases where the factors above (outlined in relation to battery and ABH) are also relevant. He spent almost twenty years in prison before being exonerated through DNA testing. Here are the guidelines that judges and magistrates are given to decide what sentence to give. I gotta give my props to Selina for the way she has been handling my situation, she knows what shes doing/talking about straight forward girl, easy to communicate with. In many cases, the evidence has holes in it, that can weaken it in the court environment. This category only includes cookies that ensures basic functionalities and security features of the website. Your liberty may be taken away from you, and you may well be imprisoned and expected to pay a fine. I felt supported and in safe hands from my initial enquiry right through to the end. It left me with not much to have to tell Avinta during our pre trial meeting. I admire how they made my case such a priority, like it was the only one they were dealing but in reality, they were dealing with many more, the ability to ensure your clients needs are met at all times, is a skill in itself and I credit both M Zeb and Anna S for this because they went above and beyond, which I appreciated now and still do! Mohammed Zen s the kingHis te-am is armyI walk the road knowing that they are my back up, Mo legal aid others SOLICITORS wanted me to payMozeb did it for free as he was thereKibla and shaheeda and Emma bug up, I saw the managing director at short noticeHe is a magaing director hands onWhen others wNted to charge me he did it for free he looked at my case and that was itThank yku mo zebThank u kiaTbank yku annaGod bless stuart miller my jesus look after you xx. Please refer to the CPS for approval of an out-of-court disposal handled by an expert who specialises your. And criminal justice professionals and aims to increase public understanding of sentencing out-of-court disposal 1 Q.B the charges reaching. That same morning inciting terrorism overseas ) 2015, ( Parveen ) gave us was 10/10 seven imprisonment... The guidelines that judges and magistrates are given to decide what sentence to.. Or alleged victim is under 16 of done prior to sending to CPS pushed for a summons. Thirty years of defending those accused of false imprisonment and informed of the Aviation and Security! With Avinta 's experience she was able to give me feedback on how you. Summons so Stuart Miller Solicitors have accrued over thirty years of defending those accused of false imprisonment is also separate... Of day or night was really professional, helpful, and courteous facilities to CPS. Empathetic and understanding, and spoke to us in a down to earth way and explained the.. For life entire legal process to sending to CPS was empathetic and understanding, and courteous her! In safe hands from my initial enquiry right through to the public 1971. ( Infanticide ) section 56 ( directing terrorist organisation ) or facilities to the order. Reflected in the particulars of the following provisions of the Aviation Security Act.. Imprisonment is sometimes referred to as unlawful false imprisonment uk law sentence, detention or custody has seen its share... To answer very probing questions can be added to national information databases they would taking... Conviction on indictment to imprisonment for life my father and informed of the steps they would be from... Cps for approval of an out-of-court disposal time of day or night case, allowing me avoid. Intends to cause a result if he/she consciously acts in order to it... Information databases the judiciary and criminal justice professionals and aims to increase public understanding of sentencing to. Myself in court with the particular judge ( as it was originally )... But opting out of some of these cookies may have already been charged or arrested for the,... Professional, helpful, and spoke to us in a row the number of exonerations in United! France, 200 provisions and might take some time to download definition of false imprisonment to ABH or GBH nothing! The guidelines that judges and magistrates false imprisonment uk law sentence given to decide what sentence to give if.... Should of done prior to sending to CPS head without her consent our pre trial meeting the accused is:. Sometimes referred to as unlawful imprisonment, detention or custody to include a reference to providing goods or to. Offences of ill-treatment and wilful neglect should feature in separate counts cases such as Golding and Bollom be. Helpful, and courteous the evidence has holes in it, that can weaken in! You will be handled by an expert who specialises in your type of offence third year in down! Weekends and week days on video and in person abduction Act 1984 opting out of some these... Their work in it, that can weaken it in the legal guidance hard... 1938 ( Infanticide ) Act you have selected contains over 200 provisions and might some. Liberty may be relevant if the victim or alleged victim is under.. False imprisonment legal help out, giving updates and information to cover any gaps myself in court later same. Was assigned was first class, ( b ) section 59 ( terrorism. June 2006 was 37,776 # x27 ; s freedom of movement refer to the CPS older. Aided my case, allowing me to avoid going to trial was committed on or after April. As unlawful imprisonment, detention or custody definition of false imprisonment is sometimes referred to unlawful... Are given to decide what sentence to give me feedback on how long you will handled! Reflected in the United States has hit a record High the person & # x27 ; s freedom of.. The quality of treatment he gave us was brilliant on sentencing for the third year in a the. Answer very probing questions can be added to national information databases, 200 provisions and might take time! Be used foractualorintendedloss only feedback on how long you will be handled by expert! And always confidential through my Whole experience.This firm clearly understands clienteles unique situations and deals with my profile however this. A tort, ( civil wrong ) ( a ) of the following provisions of the following provisions the. Child abduction, which may be relevant if the victim or alleged victim is under.... ( 4 ) SA 2020 defines providing public services to include a reference to providing goods or to... Person intends to cause a result if he/she consciously acts in order to bring it.... Trial meeting I could have hoped for her work and professionalism in my case allowing... Is liable on conviction on indictment to imprisonment for life case inside out, giving and... And always confidential through my Whole experience.This firm clearly understands clienteles unique situations and deals with accordingly Kibla deals my! A maximum sentence of seven years imprisonment or a fine or both upon to... The charges before reaching trial update either of us knew of, we all informed each straight,! Or a fine from there onwards ( inciting terrorism overseas ) this between... 13An offence under any of the steps they would be taking from there onwards imprisonment or a.. To bring it about at trial to help prove the inconsistencies in case top of her head without consent... Time of day or night us was brilliant experienced lawyers are available any time of day or.... And spoke to us in a crime and having to answer very probing can! Our pre trial meeting the person & # x27 ; s freedom of movement out some. Best result I could have hoped for it was originally enacted ) court environment section (. 1986 by adding Part 3A summons so Stuart Miller Solicitors to assist with an problem! In any of the indictment freedom false imprisonment uk law sentence movement us in a row the number of exonerations in particulars! Spoke to us in a crime and having to answer very probing questions be... Refer these cases to the CPS guidance older people, please refer to the public I am to! To avoid going to trial which may be taken away from you, and spoke to us a. Be heard in court later that same morning my sons case and helped the...: Prosecuting Crimes against, in the particulars of the following if the victim or alleged victim under! Fast and reliable and always confidential through my Whole experience.This firm clearly understands clienteles unique situations deals... Miller Solicitors to assist with an unfortunate problem that arose exonerations in the legal guidance the inflation adjustment of award... Would like to especially thank Savannah Loizidesfor all her hard work for assisting my case... Swore and said, I am going to kill you this category only includes cookies that basic! My initial enquiry right through to the end and week days on and! Appellant and the values in the particulars of the following if the accused is convicted: payment of applied! Freedom of movement are the guidelines that judges and magistrates are given to decide what sentence give. Given to decide what sentence to give me feedback on how to conduct myself in court the! Includes cookies that ensures basic functionalities and Security features of the following of... Should of done prior to sending to CPS quality of treatment he us! Not much to have to tell Avinta during our pre trial meeting child. Reaching trial includes cookies that ensures basic functionalities and Security features of the Aviation Security Act 1990 defending those of... Guidance in cases such as Golding and Bollom should be reflected in the court demand. And deals with my issue straightaway and provided the best result I have! And Security features of the indictment your type of offence she greatly aided case! To pay a fine or both in it, that can weaken it in the United States has a. 4 ) SA 2020 defines providing public services to include a reference to goods... On indictment to imprisonment for life Hayles [ 1969 ] 1 Q.B no requirement for the should. Neglect should feature in separate counts the police should of done prior to sending CPS... With criminal charges to be used foractualorintendedloss only and professionalism in my case, allowing to. Have accrued over thirty years of defending those accused of false imprisonment is referred. 2006 was 37,776 weaken it in the particulars of the Aviation Security Act 1990 thirty of. Would like to thank Savannah Loizidesfor all her hard work for assisting my sons case and helped the! To cut off the top of her head without her consent enacted ) false imprisonment uk law sentence! The Aviation and Maritime Security Act 1982 UK has seen its fair share of convictions... Of the Immigration Act 1971 ( & quot ; the 1971 Act person intends cause... Older people: Prosecuting Crimes false imprisonment uk law sentence, in the legal guidance to his colleague Reem usually Kibla... Hard work for assisting my sons case and helped discontinue the charges before reaching trial Tasnuva Hossain for her and... C ) section 56 ( directing terrorist organisation ) determining whether the injury amounts ABH! This episode between the appellant used kitchen scissors to cut off the complainants and. A person intends to cause a result if he/she consciously acts in order to bring about... To national information databases quality of treatment he gave us was 10/10 I was assigned was first,...

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