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Justice Week is a new initiative setup by the three legal professional bodies; the Law Society, the Bar Council and the Chartered Institute of Legal Executives (CILEx).

The purpose of the week is to boost the profile of justice and the rule of law, helping to place them at the centre stage of public and political debate.

With many parts of the system at breaking point, now is the time to make a strong and clear case for why they are so fundamental to our society, economy and democracy.

Justice Week will launch a week-long programme of research, public events, and digital content, bringing together media, politicians, industry, the third sector and the general public.

Justice Week aims to:

• promote the value of justice and the rule of law to audiences beyond the legal community to inspire and activate those who have not been a part of conversations on justice or listened to by decision-makers
• build public support for core campaigns on access to justice and the rule of law
• increase public understanding of the role of government in the administration of justice and how the legal profession supports the justice system.
• demonstrate to decision-makers that the impact of justice policy is widely felt and understood, and that a wide range of communities and constituents can articulate their concerns and demands
• highlight the work undertaken every day by individual legal practitioners – particularly that work which is undertaken pro bono – to improve access to justice and the rule of law

When is it Justice Week taking place?

In 2018, Justice Week will run between Monday 29 October and Friday 2 November.

Pro Bono

National Pro Bono Week (NPBW) was conceived in 2001 by the then Attorney General and the Attorney General’s Committee to recognise the contribution that legal professionals make, free-of-charge, to people and organisations in need of legal advice and representation who would otherwise be unable to afford it. It was run and funded by the three professional bodies.

Building on the achievements of National Pro Bono Week, Justice Week will celebrate the pro bono work of legal professionals and support, guide and encourage those who or are looking to undertake pro bono work for the first time.

The Law Society, Bar Council and CILEx continue to support the pro bono sector with:

• Guide to pro bono support
• Funding for events
• Providing publicity on initiatives and areas of concern
• Providing events and support during Global Pro Bono Week

What can we do?

Richard Miller, head of the Justice Team at the Law Centre, commented:

“If we want to win the arguments about justice, we have to get smarter at explaining to people what it means in relation to their day to day lives, and why they should care as deeply as we do that access to justice in this country is under threat, as Supreme Court Justice Lord Wilson said in September 2018.

There is no one approach that will engage people. But there are reasons why people, whatever drives them, should care about access to justice.”

We are always trying to increase the awareness of the services provided by this firm and others within the criminal justice system.

For example, we have published a series of posts about the advantages of taking advantage of free and independent legal advice at the police station.

You can read ten good reasons to do so here.

Our posts try to explain the ingredients of offences and any defences that might be available,

For example, you can read about drug driving offences here.

The articles also illustrate the value that a solicitor can bring in the preparation and presentation of a case:

Here are some thoughts on expressions of regret and remorse in mitigation.

Hopefully articles such as this can make small changes over time in the public perception of criminal legal aid lawyers.

Discuss your case with a solicitor specialising in crime

If you know that the police wish to speak to you, or have been interviewed, or face court proceedings, then please speak with one of our criminal solicitors.

You can find your nearest offices here.

Alternatively you can use the contact form below.

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Since the change in the rules relating to police bail a postal requisition has, in many cases, replaced a formal police charge in bringing a defendant to court.

What is a postal requisition?

A postal requisition is a summons to court, telling a defendant what they have been charged with.  It will also contain the date and time that you must attend a particular Magistrates’ Court.

They will be used in cases where the police do not seek bail conditions.  They will be appropriate where there is no language or communication problems and there is a known fixed address for the defendant.

When will I receive one?

Although a postal requisition will be used in motoring offences in a similar way that a summons would have been issued, they are also used for a wide range of criminal offences including the most serious.

As a result, if you have been interviewed by the police as either a volunteer or while under arrest and been released under investigation the first thing you hear about the outcome of the investigation might be the postal requisition.

Unfortunately, the timing of the requisition will be hard to predict.  It could be received within weeks of a police interview, or months afterwards.

What happens if I don’t attend court?

If you fail to attend court in answer to the postal requisition then it is likely that a warrant without bail will be issued for your immediate arrest.  This means that the police will arrest and detain you at a police station in order to bring you before the next available sitting Magistrates’ Court.  This could be on a Saturday or Bank Holiday and you could spend many hours in custody.

Bearing in mind the possible delay in sending the requisition it is extremely important that you check your post regularly and keep the police informed of any change of address to avoid an unnecessary arrest.

If we have provided you with free and independent legal advice in your police interview then we will make regular contact with the police to ensure that you know what is happening with the investigation.  We will be able to keep the police informed on your behalf of any changes of address.  We will also be able to tell you when the investigation has been concluded and if you are likely to have to go to court.

Even if we have not advised you in interview, please feel free to contact us afterwards.  We will be able to advise you on the likelihood of further interviews, and provide the same service to you as we would to those who we represented in interview.

What should I do if I receive a postal requisition?

Hopefully you will have already taken advantage of our free and independent legal advice at the police station so in those circumstances simply contact the lawyer at this firm who dealt with your case.

We will be able to provide you with advice as to the availability of criminal legal aid or discuss private funding with you.  We will also be able to make a request for the papers in your case prior to the first hearing and begin to take instructions and advise you as to plea.

This will ensure that you have representation at this all important first hearing and will have investigated any defence that you might wish to put forward.

If you did not have representation in interview or this was from a different solicitor, then we will still be more than happy to receive your instructions in your case.  Please contact your nearest office when you receive the postal requisition.

Alternatively you can use the contact form below:

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The simple answer is no, you do not have to give the police your phone PIN.

There are, however, potential consequences in certain circumstances if you refuse.

When can the police ask for your phone PIN?

It is arguable that the police could ask you whenever they wanted for your phone PIN, you can always say no. The critical issue is whether they can take further action if you say no.

 When can they take this further action?

Section 49 of the Regulation of Investigatory Powers Act 2000 contains the relevant power.

If your phone has been seized, or in circumstances where police have the power to inspect it, the police can give you notice that they require you to provide the phone PIN or “encryption key” to allow them access. The same applies to other devices such as computers.

Written permission must be obtained from a Judge or a District Judge for the giving of a notice under section 49, this then provides “appropriate permission”.

The person with “appropriate permission” requesting the information must believe, on reasonable grounds:

• that the key or PIN is in your possession;
• that the notice is necessary for the grounds listed below, or it is necessary for the purpose of securing the effective exercise or proper performance by any public authority of any statutory power or duty
• the notice is proportionate; and
• that it is not reasonably practicable for the person to obtain possession of the protected information without the giving of a notice.

A notice is ‘necessary’ if it is necessary:

• in the interests of national security;
• for the purpose of preventing or detecting crime or
• it is in the interests of the economic well-being of the UK.

What would “notice” be?

A notice has to be

• in writing (or otherwise recorded)
• set out the protected information to which it relates
• set out the grounds for requiring it
• specify the office, rank or position of the person giving it
• specify the office, rank or position of the person granting permission for it to be given
• specify the time by which the notice is to be complied with
• set out what disclosure is required and how it is to be provided.

What is concerning is that people are very often given documents that leave the impression that giving the phone PIN is compulsory, when in fact they are mere requests not authorised by any higher body.

As a result you should always seek the advice of a specialist criminal solicitor before complying with any request.

What if I do not know the PIN or still don’t want to give it?

If you do not comply with a properly given notice, you can be prosecuted. If you know the information required and refuse to provide it, you can be sentenced to a maximum of 2 years imprisonment or 5 years imprisonment for an offence involving national security or child indecency.

If you genuinely do not know the information you can put this forward as a defence to the offence.

The legislation says that a person will be taken as not being in possession of a key (or PIN) if “sufficient evidence of that fact is adduced to raise an issue with respect to it and the contrary is not proved beyond a reasonable doubt”.

 What sentences have been given?

 Andrew Garner failed to comply with a notice, he said that he had forgotten the PIN but was found guilty and given eighteen months imprisonment.

Tajan Spaulding pleaded guilty after refusing to provide the PIN for his iPhones and was given eight months imprisonment.

Stephen Nicholson was given 14 months imprisonment for failing to provide his Facebook password to the police during the investigation into the murder of Lucy McHugh.

How can we help?

People have been to prison for not providing the PIN for their phone,  The consequences can be severe.  This article can only ever be a simple overview of the power.

We can advise you whether the notice is lawfully made and whether the request is made in appropriate circumstances.  We will advise you whether you have a defence that can be put forward in court.

Obtaining advice at an early stage is crucial. The benefits of seeking early legal advice if spoken to by the police under caution can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

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Monkey Dust – The cannibal drug that makes you smell of vinegar and prawns

What are you talking about?

Monkey dust is a synthetic drug, a type of new psychoactive substance. It is similar to other cathinone drugs such as MDPV, methylone and magic crystals.

In the USA it is known as “Zombie Dust” or “Cannibal Dust” due to one of the reported effects of the drug being users trying to eat their own face.

I’ve never heard of it?

The drug has been around for a while and was formerly one of the drugs referred to as “legal highs”.

In recent months, it has started to become more prevalent in some areas of the country and, undoubtedly, the use of it will spread.

In the Midlands, there have been news reports of people climbing buildings and trees and running into traffic while under the influence and attacking people who approach them.

What does it look like?

The drug is a white powder.

What are the effects?

It is a psychoactive substance with effects similar to PCP such as high body temperature, paranoia, agitation and hallucination; it can also make users impervious to pain. Frequently users have no recollection of their behaviour while under the influence of the drug.

Heavy users have reported the appearance of lesions on the skin and a smell of prawns or vinegar from their sweat.

Lecturers from Staffordshire University, Sarah Page and Em Temple-Malt spoke with people in Stoke-on-Trent about the use of NPS. One user said that he had been arrested for a breach of the peace after “arguing with a garden gnome”.

Although amusing, it demonstrates the irrational behaviour that can take place while under the influence, the drug is said to be “worse than spice” and can cause extreme violent behaviour.

Is it illegal?

Yes.

Monkey Dust is a Class B drug.

This means that it is illegal to possess and also to sell, give away or possess with intent to supply it. Possession can result in up to 5 years imprisonment while supply offences carry up to 14 years imprisonment.

You can read more about the law and penalties in relation to the supply of drugs here.

How can we help?

If you are arrested or know that the police wish to speak to you about an offence of supplying drugs then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

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Fly on the wall documentaries are increasingly popular, particularly when they show the workings of the criminal justice system.  Such programs may, particularly when they rely on interviews with the police, present a no comment interview as harmful to a suspects case.

While there may be instances where a person is not helped by failing to give an account, there are many occasions when there is substantial benefit to a no comment interview.

Exercising your right to silence

Choosing not to answer questions is your legal right.  The reasons for refusing to answer questions my be complex.  You would certainly be best advised to seek expert legal advice before doing so.

You can read more about your right to silence here.

Choosing a no comment interview might mean that no further action is taken by the police at the conclusion of the police investigation.

Here are two examples where accredited police station representative Rob Lowe at our Chesterfield office provided advice on the right to silence.  His clients conducted a no comment interview.  Ultimately it was to their benefit.

No comment interview following assault allegation

Rob was instructed to attend for a voluntary interview.  His client was being investigated as an allegation had been made that he assaulted a neighbour.  The neighbour was said to have stepped onto his land to remonstrate with a third party who was driving a tractor.

The allegation was that Rob’s client had then shoved the neighbour.

Upon taking his client’s instructions, he confirmed that he had been present and approached the complaint.  He accepted putting himself between the complainant and the driver.  This was to highlight to the neighbour that he was putting himself in a dangerous position bearing in mind the type of vehicle.

Our client denied touching the complainant at all.

Rob assessed the police evidence as being weak.  Without any form of admission it seemed unlikely that it would proceed to court.  In order to remove any risk that his client would go beyond his instructions when interviewed, Rob advised his client to use a prepared statement and then conduct a no comment interview.

Rob’s assessment of the case was correct because after the interview took place the police confirmed that no further action would be taken.

No comment interview where no complaint made

On this occasion following a client’s arrest, Rob was instructed to advise a suspect who had been arrested of assault and criminal damage within a domestic setting.

Before interview, Rob discovered that the police had no statement of complainant from the only witness who could support a prosecution.  There was no other admissable or independent evidence.

Based on his assessment of the evidence, Rob advised his client that he ought to exercise his right to silence in interview.  As a result, he made no comment replies to questions.

As no one was accusing his client of wrong doing there was no need to answer questions.  Again, Rob’s client was released without any charges from the police.

Instruct a criminal law specialist to advise on a no comment interview.

These are just two examples of how instructing us at the point of police interview can benefit you and ensure that we protect your interests.

Some more benefits of early legal advice can be found here.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.