All posts by Andrew Wesley/h3>
Chesterfield crime and motoring law solicitor Kevin Tomlinson
Chesterfield Crime Solicitor Kevin Tomlinson has a wealth of experience defending motoring law offences. He is known for his calm and unflappable approach which places clients at ease in what is often an alien environment for them. These qualities are demonstrated by this particular case.
Kevin was instructed by a client who was accused of drink driving. She had provided a specimen of breath showing that she was nearly three times the legal drink drive limit.
Investigation of a procedural irregularity
Our client was prepared to plead guilty to the offence and was seeking advice as to the likely penalty she would receive. Kevin, however, sought his client’s instructions on the full circumstances of the offending and began to check the evidence that the prosecution had.
While there was no doubt that Kevin’s client had drunk alcohol before driving, the level has to be above the legal limit to drive. in order to convict her of the offence, therefore, the prosecution had to show that the evidence of the breath specimen was reliable.
If you are investigated for drink driving and provide a sample of breath at the police station you will be given a print out of the reading provided by the machine.
In this case, the printout provided to our client showed that there had been an error. The layout of the paperwork appeared to be wrong. Kevin could not be sure that the breath test had been performed correctly.
At court Kevin spoke with the prosecutor to see if they had the same documentation as his client. The prosecutor did not. Their copy of the printout was correct. It appeared, for whatever reason, that our client’s version had been incorrectly printed.
Kevin then took the time to speak with his client again. It seemed clear that the machine had been working properly, bearing in mind his client’s instructions about how much she had had to drink and the prosecution copy of the printout. Further, the decision that she made on plea would be important as the starting point on sentence in her case was a twelve week custodial sentence due to the level of the reading.
Would she choose to try and take advantage of a potential loop hole and risk loss of mitigation and prison if she was found guilty?
Suspended sentence followed a guilty plea
Having taken further instructions, it was clear that our client wanted to plead guilty and not try to challenge the reliability of the machine.
Following her plea, Kevin was able to advance substantial personal mitigation on her behalf which is always more compelling if it follows a guilty plea. Kevin’s calm and measured approach persuaded the Magistrates that any sentence of imprisonment could be suspended. In addition to the suspended sentence she also receive the inevitable driving ban.
She was extremely relieved and pleased with the outcome.
Kevin Tomlinson is based at our Chesterfield office, but is able to provide nationwide advice and representation. If you wish to instruct Kevin then his contact details can be found here.
We will always advise you as to your entitlement to criminal legal aid to ensure your free representation in the Magistrates’ Court.
All posts by Andrew Wesley/h3>
Chesterfield crime solicitor Denney Lau
A recent case involving activation of a suspended sentence nearly brought Chesterfield crime solicitor Denney Lau to tears. Despite having been qualified for 11 years and having represented any number of clients with many different circumstances before the court, this case was still able to cause distress.
Denney’ s client was appearing before the court in relation to breach of a suspended sentence order. The starting point for breaching such an order is that the suspended sentence term must be activated. It is possible to avoid this if the court can be satisfied that it would be unjust to do so in all of the circumstances. As a result, Denney’s client was very much at risk of a custodial sentence.
The breach information set out that although our client’s initial compliance had been good, after several months he had simply stopped attending the appointments. No explanation had been given. On the face of it, our client was guilty of a complete disregard of a court order and there was unlikely to be any argument to avoid a prison sentence.
However, upon further investigation, this view of the case could not be further from the truth.
Compelling personal circumstances to avoid activation of a suspended sentence
During private consultation Denney was able to learn the full circumstances of his client’s failure to keep to the terms of the order. His client had lost touch with the probation service following difficulties in his partner’s pregnancy.
During a routine scan, no heart beat had been detected. Attempts were made to induce the birth. Further complications arose and his partner had to undergo emergency surgery.
Although the baby was born, within two months our client was attending the funeral of his child. He struggled to cope with these life changing events and had made several attempts to take his own life.
He had sought medical help and mistakenly believed that all of the professionals involved with his family would have liaised with each other so that compliance under the probation order had been suspended. Unfortunately, the order does not work like that and it had continued.
Denney had to advise his client that despite his personal circumstances he was in breach of the suspended sentence order, Had he spoken with the probation service they may have been understanding of his circumstances, but he had not.
It appeared, however, that the information from the client provided compelling reasons for the court to permit the order to continue. The court agreed, having heard the mitigation, that it would be unjust to activate the suspended sentence.
The importance of instructing a criminal solicitor
This case illustrates the importance of instructing an expert criminal defence solicitor, whether you face activation of a suspended sentence or any other criminal offence.
Denney and his colleagues are used to hearing about people’s lives in great detail, whether that is by way of a police allegation or as part of a defence or mitigation. As a result, we are experts at gathering relevant information and will have heard very similar cases many times over the years. The horrific ordeal suffered by our client in this case still has the power to shock.
We were able to represent this client under the legal aid scheme. This means that our representation before the Magistrates’ Court was free of charge to him. This means that he was spared the ordeal of explaining deeply personal information to both the probation service and Magistrates.
As Bonfire Night approaches families will be looking forward to enjoying the displays. These might be in the garden or an organised display. While the night sky is brought alive by the vibrant explosions of noise and colour there remains. lurking in the background, a risk that failing to deal with fireworks safely and responsibly could bring an individual to the attention of the police and the courts. The issue of fireworks and the law can be complex, with regulations changing regularly.
It will be important that retailers who are thinking of supplying fireworks for the first time consider their obligations relating to fireworks and the law. They will need to ensure that they are sufficiently familiar with the complex rules that regulate the sale and possession of fireworks.
Contravention of the rules can result in substantial fines being imposed, or even a prison sentence.
One of our crime and regulatory experts Martin Hadley explains the law.
Classes of firework
There are four general classifications for fireworks:
Class 1 – Indoor fireworks
Class 2 – Garden fireworks
Class 3 – Display fireworks
Class 4 – Professional fireworks
Certain fireworks are banned entirely, such as mini-rockets, bangers, firecrackers, ‘jumping fireworks’ and air bombs.
There are also fireworks referred to as ‘adult fireworks’, which are subject to a local authority licensing regime.
Importation of Fireworks
It is a criminal offence to import fireworks unless notice of the fact is given to HM Customs and Excise, and details of the importer’s name and address where fireworks will be kept.
Given the sizeable market in illegal and unsafe imported fireworks, it is always wise only to purchase from established, recognised retailers.
Sale of Fireworks
Retailers must display specified signage warning that it is illegal to sell fireworks to those under 18 years. This prohibition extends to sparklers. Retailers should have robust training procedures in place to ensure that store staff know how to recognise under-age purchasers, and challenge as to age in appropriate cases.
There are licensing restrictions on the supply of adult fireworks.
You can only buy fireworks (including sparklers) from registered sellers for private use on these dates:
15 October to 10 November
26 to 31 December
3 days before Diwali and Chinese New Year
At other times you can only buy fireworks from licensed shops.
Possession of Fireworks
It is an offence for a person under 18 years to possess most fireworks in a public place. There are limited exceptions for those employed in the business of firework displays and other relevant occupations.
The possession of category four fireworks is prohibited save for those employed in the business of firework displays and other relevant occupations.
Weight and time limits apply to how much of each type you can store at home before you need to register your storage or apply for a licence.
If you are buying just selection boxes and sparklers from the supermarket, small quantities of fireworks in general or are buying your fireworks a day or two before you let them off, you do not normally need to worry about storage laws as they would not apply.
Night-time Restrictions
With certain exceptions for particular notable days of the year, the use of adult fireworks is not permitted during the hours of 11 pm – 7 am.
Again, there are specific exemptions:
November 5th – You can let fireworks off until midnight.
New Year’s Eve – You can let fireworks off until 1am.
Diwali – You can let fireworks off until 1am.
Chinese New Year – You can let fireworks off until 1am
Noise Levels
Category 3 fireworks are restricted to a sound impulse sound pressure level of 120 decibels. It is an offence to supply any firework that contravenes this restriction.
Public Order, arson, violent and Other Offences
Fireworks are dangerous incendiary devices and in the wrong hands can cause serious injury to persons, animals and property. Many of these offences carry substantial criminal penalties.
Transporting fireworks
Fireworks are explosives and cannot be sent through the post. This also applies to sparklers. Fireworks can only be shipped using an explosives courier and must be clearly marked as such.
Contact a criminal law specialist
Bonfire Night is a time for fun but can land the unwary in hot water with the police.
A person can be fined up to £5,000 and imprisoned for up to 6 months for selling or using fireworks illegally. You could also get an on-the-spot fine of £90.
Separate offences can be convicted if fireworks are used to cause a nuisance.
Nottingham crime and regulatory solicitor Martin Hadley
“As a charity, our purpose is to enhance patient experience which in turn reflects the ethos of Royal Papworth Hospital and its staff, who work tirelessly to give patients the best quality of care. To ensure this standard of care continues to be offered, the Charity looks to not only support current services and care for patients but also proactively look to the future and support innovations that will help to tackle the growing prevalence of cardiothoracic diseases and conditions, thus in turn helping the local and in some cases national healthcare economy.”
Denney’s aim is to raise enough money for a pace maker that will make a real difference to the life of the recipient.
Personal motivation for taking on the challenge
Denney will be taking his position at the start of the 2019 London Marathon in memory of his father Tom Lau who passed away 10 years ago.
His father had suffered a major heart attack and was rushed to his local hospital before being rushed to the Papworth specialist hospital.
The hospital never gave up on the treatment of Denney’s dad and was able to prolong his life by fitting a secondary external artificial heart and was able to spend the following months at home with family.
Denney says that as a result of this treatment:
“I was able to make many happy memories with my father, including introducing him to my now wife, attending our engagement party and he saw me qualify as a solicitor, and in our new home.”
Unfortunately, the family knew without a transplant his dad was on borrowed time, and his heart eventually gave out a year later.
At the time of his father’s death, Denney is the first to admit that he himself was overweight and unfit. He has been able to turn his grief into a positive motivation to become fit and start running. This London Marathon will be the culmination of that program.
Chesterfield crime solicitor Denney Lau
Running the 2019 London Marathon
Denney says this about his motivation to raise money while running the 2019 London Marathon:
“I really hope that we can raise enough together to literally save one person’s life, or even to extend someone’s life even for a short period so happy memories can be made.”
All posts by Andrew Wesley/h3>
Chesterfield partner and crime solicitor David Gittins
Where possible, VHS Fletchers is a solicitors’ firm committed to encouraging those interested in joining the legal profession. We welcome law students who are keen to find out what it is really like to be a criminal defence solicitor and legal aid lawyer.
Work placements can be hard to come by, but if you are local to one of our East Midlands offices then please contact us to see if we have space at one of them at a mutually convenient time.
VHS Fletchers are also keen to encourage those interested in joining the legal profession and welcome law students keen to find out what it is really like to be a Criminal Defence Solicitor. Work placements can be hard to come by so for those unable to secure a placement below is a description of Chesterfield partner and Crime Solicitor David Gittins typical week.
Monday
David was in the office early meeting Natalie the work placement student to show her the sort of work undertaken by a legal aid lawyer. They then walked over to Chesterfield Magistrates’ Court to represent a client who in the end failed to attend.
As a result, there was a lengthy wait before a warrant was issued, but David was able to use the time preparing for a later appointment to take instructions in relation to an upcoming trial.
It appears that the tone had been set for the day, and that client failed to keep his appointment.
David also undertook some preparation for his second appointment of the day. This again related to a forthcoming trial at Chesterfield Magistrates’ Court.
This was a particularly important appointment as the trial was listed before the court for a prosecution application to let the Magistrates’ know about his client’s previous convictions. David had hoped to discuss the convictions in detail to help him know how best to argue against the application.
This final client of the day also failed to attend his appointment.
Tuesday (day)
David was at Chesterfield Magistrates Court again on Tuesday. This time he was acting as court duty solicitor. This means that he would act as a legal aid lawyer for those defendants who hadn’t instructed a specific solicitor to act for them.
When David attended court he would not know the type of cases that he would be dealing with. In the end he represented two clients who had attended on bail and one in the cells.
He returned to court in the afternoon to complete all of the cases, including the representation of one defendant who had pleaded guilty to drink driving.
In between cases, David was able to discuss a case for the following day that needed the input of a consultant psychiatrist due to his client having difficulties with his mental health.
At the end of the normal working day, David saw a new client at the office who had been recommended to him. He was able to take instructions and submit a legal aid application online.
Tuesday (night)
That night David was on call as one of the lawyers staffing the firm’s out of hours police station rota to provide emergency advice and assistance to those being interviewed under caution by the police.
Although it would no doubt be preferable to interview suspects during normal working hours, the police often think it appropriate to interview at any hour of the night.
Although legal aid lawyer David only represented a single suspect during this period he travelled to Chesterfield police station at 8.45pm to represent his client who was accused of assault.
Free advice was provided and the client was released under investigation whilst the Police continued to investigate the offence.
David returned home shortly before 1 am but had to be back at his desk the following morning to complete that day’s work.
Chesterfield police station
Wednesday (day)
David returned to Court on Wednesday morning to successfully resist the bad character application being made by the prosecution.
He also represented the client with mental health difficulties in their absence as they were not well enough to attend court. The case was adjourned to a future date.
On returning to the office David also spoke to the client that he had represented in the police station the previous night. Although we do not carry out family work he was able to signpost her to a family solicitor who could help with the issues arising following her arrest and release.
David returned to Chesterfield Magistrates’ Court for the afternoon session. He represented a client who was to be sentenced for a theft allegation. Unfortunately, due to the delays at court, this case was not called on until 4.30pm despite a bail time of 1.45pm.
Wednesday (night)
David was again involved with our out of hours rota. He was the coordinator for the scheme, which meant that he took the emergency calls from the Duty Solicitor Call Centre, police and clients or their families resulting from arrests.
Whilst David can complete this task from home with the use of his mobile phone, calls continue throughout the night. David deployed his colleagues to the police station at 9.30pm and a little after midnight.
A spare room is always helpful when coordinating the rota.
Thursday
David, suffering from a lack of sleep, was back at Chesterfield Magistrates’ Court at 9.30am to represent a client who had previously pleaded guilty to assaulting his partner. David successfully argued for a community order.
The rest of the day was spent by David completing work arising from cases he had dealt with that week and preparing files for future court dates.
Friday
David was again court duty solicitor at Chesterfield Magistrates’ Court. He dealt with a client who faced an allegation of unlawful possession of a firearm.
Saturday
Magistrates’ Courts across the country also sit on a Saturday morning to deal with defendants who have been refused bail by the police. Again we provide representation at these courts as part of our out of hours emergency rota.
David was represented two clients before Nottingham Magistrates’ Court. The first client faced a very serious allegation of possession with intent to supply cannabis as part of an organised crime gang. This client was remanded into custody having insufficient community ties to ensure attendance at future court dates for such a serious offence. David was assisted by a Lithuanian interpreter in this case.
The second case was at the other end of the spectrum in terms of seriousness, although it was serious to his client. David’s other client was simply charged with shop theft. However, what should have been a simple matter was delayed by the police as the client was not brought through to the cells until his methadone could be located, leading to a wait of several hours.
A legal aid lawyer will only gain the experience necessary to provide expert advice in the field of criminal law by being part of a busy practise. We can offer that experience.
We look forward to hearing from you with either your request for work experience or application to be a trainee solicitor.
Our client was prepared to plead guilty to the offence and was seeking advice as to the likely penalty she would receive. Kevin, however, sought his client’s instructions on the full circumstances of the offending and began to check the evidence that the prosecution had.
Kevin then took the time to speak with his client again. It seemed clear that the machine had been working properly, bearing in mind his client’s instructions about how much she had had to drink and the prosecution copy of the printout. Further, the decision that she made on plea would be important as the starting point on sentence in her case was a twelve week custodial sentence due to the level of the reading.
