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Chesterfield Crown Court litigator Ruth Campbell and Nottingham Solicitor Advocate Andrew Wesley were recently instructed in another case involving a prosecution dependent on evidence provided by paedophile hunters.  An outline of a previous case that failed due to problems with such evidence can be found here.

There client had an unusual defence to put forward.  He had logged into an adult chatroom.  He believed that any conversations he had online, and later on other social media threads, was with a person pretending to be a child for the purposes of a sexual fantasy.

His instructions were that a full record of each conversation would support his account.  As a result, immediately following his not guilty plea, specific enquiries were made of the prosecution.

Evidence required from paedophile hunters’ phones

In order to establish the evidence that could lead to our client’s acquittal the following information was requested:

•  full threads of the messaging from the adult site taken from the paedophile hunters’ phones
• similar threads from other messaging apps used to communicate, again from their phones
• the profiles that the hunters were using on the adult site
• our client’s profile

It appears often the case that the police are content to rely upon screenshots given to them by the paedophile hunters.  As a result, the prosecution is dependent upon evidence that may be incomplete.  It a client intends to advance a defence it is vital that these enquiries are made immediately.

The witnesses also maintained that our client had made a confession that had been filmed and streamed.  The footage located online was only partial and did not contain a confession.  That material was also sought.

The prosecution asked for the case to be brought into the list several months before the trial date.  This was because, as a result of our enquiries, they had look at the case and intended to offer no evidence.  This was because the prosecution had been unable to secure the evidence that we had requested and as a result could not check its veracity or accuracy.

The evidence had not been preserved by the witnesses themselves, and was no longer available.  A software corruption had also occurred which mean that the phones could not be properly interrogated now.  Finally, there was no footage said to contain a confession to the offence.

Paedophile hunters ‘need to be aware of the rules’

The Judge hearing the case observed that in terms of case numbers, prosecutions dependent upon evidence from paedophile hunters was a ‘growth area’.  Although a large proportion of these cases result in a guilty plea, particularly where charges are backed up with a video of a meeting.

He went on, however, to express a real concern about the nature of the ‘investigators’, accepting that this was in many cases a ‘loose’ use of the term.  The Judge expressed concerns that they operated outside any statutory scheme of evidence preservation and disclosure.  If they were to continue in such cases, his view was that they ought to be made aware of the rules.  If they do not consider and comply with the rules, they won’t be a help and their conduct will lead to more cases with difficulties such as this one.

Contact a Crown Court litigation specialist

It may be that you face potential proceedings based on evidence provided by paedophile hunters, or another serious allegation.  If so, you will wish to instruct a Crown Court litigation and advocacy team that will takes steps at an early stage of proceedings to advance your case where necessary.

Ruth is based at our new Chesterfield office.  You can find the contact details here.  Alternatively you can use the contact form below.  If one of our other offices is closer to you then please contact the one most convenient to you for an appointment.

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For many people, facing the prospect of criminal investigation or proceedings is a daunting prospect.  It is one that can often inflict a heavy toll not just on themselves, but also on their loved ones.

As a result it will be essential that a suspect or defendant ensure that proper professional support mechanisms are in place at an early stage through a considered choice of solicitor.

Seek early legal advice for your criminal case

It is never too early to involve VHS Fletchers in your case, even at the point you are first aware that the police wish to speak to you.

We are always surprised at just how many people put seeking legal advice off until a late stage in an investigation.  People might be concerned about the potential cost of a solicitor.  As a result, we constantly try to publicise the fact that legal advice will be free in police interview.  Other people think that having a solicitor in police interview might be seen as an admission of guilt. It isn’t.   An even greater number of suspects may believe that the problem will simply go away.  This may be true in some cases, but in many it does not.

We dispel some of the myths and give some benefits about having a solicitor if interviewed by the police here.

VHS Fletchers – The right solicitor for you

It is a trite observation to state that you will want to choose the ‘right’ solicitor for you.  We hope that will be VHS Fletchers.

If your case depends on legal aid funding and you believe that you have made the wrong choice of solicitor, this may not be easily remedied.  A firm might not be entitled to an additional payment if you change between visits to the police station.

Once proceedings have started, courts will need a good justification to transfer legal aid to another firm.  Any reason will go need to go beyond a desire to change.

If, however, you are unhappy with your existing representation then the sooner any transfer to VHS Fletchers is resolved, the better.

How do you decide whether VHS Fletchers are the right solicitors for you?

We hope that there is plenty of information about this firm and its staff on this website to allow you to make an informed decision.  You will be able to explore the wealth of experience that this firm can bring to your case, and perhaps find examples of how we have dealt with cases similar to yours.

Once you have made contact with us, you will be able to see the manner in which we will deal with your case.

We will ensure that your initial enquiry is dealt with promptly.  We aim to make contact with your lawyer easy, and if they are not available immediately there will be other solicitors or paralegals on hand to deal with urgent queries.

Our lawyers appreciate that along with your legal problems is the potential for a number of personal difficulties.  Our staff demonstrate the key skills of empathy and understanding, recognising that these are critical skills and essential to excellent communication.

Clear advice about what to expect at every stage

We know that the law and procedure relating to your case can be complex.  As a result, at the end of meeting with you we will make it clear to you what is likely to happen next and the time frame.

As a result we are confident that you will leave any meetings reassured and comfortable, understanding the advice that has been given and what will happen next.  We aim to deal with any concerns you have immediately, in order to resolve any understandable anxieties.

If you are unhappy with your current solicitor can you transfer legal aid?

In the first instance, you should raise your concerns as soon as they arise.  This ensures the best chance of resolving them. Often concerns arise due to misunderstandings.  These can be quickly and easily remedied.

If concerns remain then consult the firm’s complaints procedure and escalate the matter to more senior staff.

If you cannot resolve matters to your satisfaction or believe that the relationship is beyond repair, then it is essential to contact VHS Fletchers without delay to see whether you can transfer legal aid.

How can we assist?

We do not encourage potential clients to seek a transfer of legal aid and representation lightly.  This will only arise where a client’s needs are not being properly addressed.  Then we will support a transfer of legal aid.

But, you do get only one chance to get it right.

Contact VHS Fletchers solicitors for expert advice in criminal matters

We care passionately about the service we give to every client, so if the time has come to switch solicitors and transfer legal aid, get in touch, and we can provide further advice on the procedure and whether you have grounds for a transfer.

For a confidential and private consultation, please contact the office most convenient to you or use the contact form below.

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In readiness for the opening of the new Chesterfield office we have been putting together new website profiles for the lawyers based there.

Accredited police station representative Rob Lowe has provided the detail of several examples of recent free police station advice that he has given.  Each illustrate the advantages of seeking his free and independent legal advice before speaking to the police in an interview under caution.

Mansfield police station – domestic assault allegation

Rob attended Mansfield police station to represent a suspect who had been arrested for an allegation of an assault in a domestic setting.  The officer in the case provided Rob with disclosure of the evidence in the case permitting him to take instructions from his client before interview.

The evidence provided failed to implicate Rob’s client in an offence.  As a result, Rob formed the view that there was not a case for him to answer.  He made immediate representations to the custody sergeant that his client should be released immediately without interview.

The sergeant agreed, and Rob’s client was released without charge, without the need for an interview.

It is perhaps hard to imagine that this outcome would have been secured without the benefit of Rob’s free police station advice and representation.

Liverpool police station – assault allegation

Rob travelled to represent his client at Liverpool police station.  he had been arrested on suspicion of assault.  He advised his client to answer questions and make a counter complaint.

This advice led to our client being released without charge.  Instead, the initial complainant ended up being interviewed under caution by the police himself.  This was as a result of the advice given and the representations that Rob made to the investigating officers.

Chesterfield police station – shop theft

Part of Rob’s role in when representing a client at the police station is to negotiate with the police.  In this case, his client was accepting guilt in relation to allegations of shop lifting.

The custody sergeant was concerned about a risk of re-offending and intended to keep our client in custody overnight to be placed before the Magistrates’ Court for a remand into custody the next day.  After taking into account the representations that Rob made about bail, the custody sergeant reconsidered his initial view and agreed to grant bail.

Again, without representation, it would appear unlikely that this suspect would have been released, with nobody to negotiate on their behalf.

Chesterfield police station – drug investigation

Here, Rob was instructed by a client who had been arrested on suspicion of drugs offences.  Rob considered it appropriate for his client to deny the offences for which he had been arrested.  His client was, however, reluctant to submit to extensive questioning by the police.

As a result, Rob advised that an alternative to answering questions would be to submit a prepared statement in interview setting out his defence.  He would then be able to make ‘no comment’ replies to any other questions put. This would be sufficient to remove the risk of an inference being drawn at any future trial.

Rob’s client was released to allow the police further time to investigate the offence and his defence.

Contact us for free police station advice

If you are unlucky enough to be interviewed by the police, whether while under arrest or as a volunteer, or in the police station or elsewhere, you are entitled to legal representation.  As we have a legal aid contract then we can provide you with free police station advice.

If you are arrested then make sure the police ask for VHS Fletchers to represent you.  If you know that the police want to speak to you as a volunteer then contact us with the date and time and we will make sure that we are there on time to remove any delay.

Rob Lowe can be contacted at our new Chesterfield office at 5 Beetwell Street, 100 metres away from Chesterfield police station.  Our new phone number is 01246 387999.

Your nearest office can be found here. and all of the numbers are answered 24 hours a day, 7 days a week.

Alternatively use  the form below.

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Many of us will, by now, have seen the video footage apparently capturing a shocking race hate incident occurred at Nottingham Trent University last week. We are reluctant to offer any commentary on the allegations themselves as arrests have been made and investigations remain ongoing.

Incident at Nottingham Trent University

However, the female student has explained that she spoke to university accommodation staff shortly after the incident. She was told that the matter would be dealt with on the following Tuesday morning. By Wednesday evening she had still heard nothing.

The video entered the public domain following her frustration at what she perceived as the university’s inaction.  The student posted her video on her Twitter account. The video went viral immediately and by late yesterday, had been shared over 33,000 times.  The story can be found here.

It may be that Nottingham Trent University took action as a result of the publicity being generated.  Those accused  have now been suspended from the university, arrested and interviewed by police. The university is now working with the female student to resolve her complaint and provide support.

Many on social media have been critical of the university’s slow response to the female’s initial complaint. She was left for nearly 48 hours with the alleged perpetrators still living or studying near to her. The university has responded and said that the accommodation providers were slow to inform the university, which was the reason for their delayed action.

Duty on universities to protect against discrimination

Universities have a duty to take clear, decisive action to stamp out hate crime within their institutions. The Equality Act 2010 makes it illegal for individuals to be discriminated against based on their protected characteristics, which include age, gender, sexual orientation and race. These rights are set out within the published Equality, Diversity and Inclusion Policy of Nottingham Trent University. However, this policy is only fit for purpose if the University has clear channels of communication in place with accommodation staff, so that if hate crime is reported action is taken immediately.

Lessons will no doubt be learnt from this. All universities will want to look at this incident and realise that discrimination unfortunately remains a live issue. It is key that students who are the victim of hate crime know who they can turn to and that their complaint will be dealt with immediately. There is no point in having equality and diversity policies and complaints procedures in place, if twitter ends up being the only way that your voice can be heard.

Contact an education law solicitor about discrimination

It is perhaps hard to believe that such an incident would take place in 2018.  We would like to think that this kind of incident will not be repeated.  If, however, you are unfortunate enough to be subjected to discrimination in any form at university then please do contact us for some initial fee advice about how best to take any complaint forward.

Education law solicitor Clare Roberts can be contacted on 0115 9599550.  Alternatively you can use the contact form below.

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The government has recently announced that West Yorkshire Police has signed up to a new identity checking service.  This represents a further roll out of police fingerprint checking by portable scanner and phone app.

The new service is already being used in a select number of force areas.  A further twenty areas will be going live before the end of this year.  This form of police fingerprint checking will remove the need for suspects to be taken to a police station to check identity.

It is anticipated that this will reap benefits for front line officers and suspects alike.  Previous research found that the average time for an identity check was sixty seven minutes.  As a result the police will be freed up the to continue with other duties.  From a citizens point of view, the number needless detentions should be drastically reduced.

Support for Police fingerprint checking in the street

Police leaders have commented:

“Early examples of the new system in action include a firearms unit, who detained a driver after a short pursuit and were able to identify him as a disqualified driver, despite him giving false details. He was issued with a summons for three offences and his vehicle seized. The armed response unit returned to patrol within ten minutes, and without the mobile fingerprint scanner this could have resulted in the unit being out of action for four hours taking the individual to a custody suite.”

How does the service work?

The new service works by connecting a small fingerprint scanner to a mobile phone App. Within seconds of taking a print the suspect’s identity can be checked across the two main police databases, allowing police after that to deal more appropriately with the suspect.

While this technology has been available for a few years, reduced pricing has now made it affordable enough for a national rollout. Scanners that previously cost around £3,000 can now be purchased for under £300.

Concerns about consultation and implementation

Liberty, the leading human rights organisation has been less enthusiastic, commenting that:

“This scheme is part of a pattern of the police using radical privacy-invading technology without proper public consultation or meaningful parliamentary oversight. Much like the facial recognition technology that is increasingly being deployed by police forces, it is being presented to us after the event and with little fanfare and is being made available to more and more officers across the country. In this case, we learned about it via a sneaky gov.uk post early on a Saturday morning.”

There are important protections for suspects that are to be found in the Police and Criminal Evidence Act 1984. If you have any concerns about the use of these powers, please contact us to discuss further.

Where fingerprint identification is being used to provide evidence in support of a prosecution, we will always take particular care to ensure that the law has been complied with.

 How We Can Help

If you are a person facing a criminal investigation or proceedings, contact us immediately. Our solicitors are well versed in this and all other aspects of the criminal law and will work to ensure your best defence.

Your nearest office can be found here.

Alternatively you can use the contact form below.