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As part of his training, trainee solicitor Elliott Moulster has been seconded to work at the Nottingham Law Centre in order to obtain a broad range of experience prior to qualification.

This firm enjoys a close relationship with the Nottingham Law Centre.  Solicitor Andrew Wesley is the chair of the Board of Trustees for the Law Centre, responsible for oversight and some strategic management, in a pro bono role.

Nottingham Law Centre is located directly opposite the Hyson Green Market in Radford, Nottingham.  It specialises in providing free legal advice and representation in the areas of housing law, debt and social security law.  As a result, it advisers try to assist some of the most vulnerable in society.

Elliott has begun to work alongside Diana Bagci who is part of the Law Centre’s Social Security Team, providing particular assistance to the local Roma community.

Elliott has now spent his first week in this busy not for profit organisation.

Monday

The week started with introductions to everyone who works and volunteers at the Centre.   Elliott received the warmest of welcomes from everybody that he met.

Before being trusted with providing advice, Elliott began to receive his training.  He had the opportunity to sit in on many client appointments.  What impressed him most about this first day was  the professionalism and empathy that staff members showed when dealing with cases that were both deeply personal and of extreme sensitivity.

Tuesday

After spending Monday meeting clients and advisers, Elliott spent much of Tuesday at Nottingham Law Centre reading some of the relevant law and guidance relating to benefits.

He acquainted himself with the regulations concerning the Employment Support Allowance (ESA), Job Seekers Allowance (JSA) and the rules surrounding other benefits such as Universal Credit.

Elliott had further opportunities to sit in on further client interviews during the course of the day.

Wednesday

Elliott attended a meeting about combating modern slavery in the East Midlands.   This event opened his eyes to the prevalence of such practises in the United Kingdom.  This valuable insight will allow Elliott to help understand the experience of those clients who are victims of modern slavery.

Thursday

The first half of Thursday was spent drafting a detailed letter to the Social Security Tribunal. The purpose of this letter was to make representations in support of an application to reconsider a previous decision of the tribunal.  It was believed that the tribunal decision was in error, but that the problem could be rectified.

In the afternoon, Elliott attended a local Community Centre. This was to offer practical advice and assistance to members of the local Roma Community.  Again, he found the experience very educational.  He experienced a culture in some ways different to his own, and appreciated the opportunity to provide advice away from an office setting speaking directly to those in the community.

Friday

Unfortunately Elliott was unable to avoid returning to VHS Fletchers today to prepare some of Health and Safety prosecutions that he is working on.  He will, however, return to Nottingham Law Centre next week to begin to provide advice.

Contact Nottingham Law Centre

While we are able to provide you with specialist advice relating to crime, regulatory, road traffic, education and prison law matters, we cannot give you advice on all topics.

As a result, if you require advice about housing law, debt or benefits entitlement then we do not hesitate to recommend the excellent service provided by the Law Centre.

Information about how to contact the Law Centre can be found here.

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Bitcoin and other crypto-currencies are never far from the news.  This is most recently because the value of Bitcoin rose considerably in the latter part of 2017, the market then crashing.  It is a currency that permits criminal activity for those involved in money laundering.

It is an odd ‘currency’, as it is not backed by any government, and certainly not by an underlying gold stock.  It is, in fact, nothing more than a virtual object that has a value dictated solely by supply and demand – indeed that is one of the few characteristics that it shares with conventional currency.

Currency attractive for money laundering

So, why the attraction? Why would a person wish to convert £10,000 into one bitcoin, or a lesser amount for a share of one?

One of the main attractions of bitcoin is that it exists across borders, outside of traditional banking controls and with a secure cloak of anonymity.  Those three magic ingredients make this type of currency attractive to those seeking to launder the proceeds of crime.

Nobody is interested in the identity of the trader.  The proceeds can be cashed in almost anywhere in the world.  There are even cash machines in some countries including England.  Blockchain encryption has rendered law enforcement impotent in this brave new world of international finance.

This explains the rise in value.  In just one year it rose to thirteen times its value at the end of 2016.

But, the larger the sums that need to be laundered, the more complex and risky it is to make those initial transactions.  That is where the middle-man comes in.  He or she will be a person either knowingly or unwittingly agreeing to purchase bitcoin, or, more commonly, transfer monies on behalf of a money launderer.  They will take a fee for his or her trouble along the way.

Sometimes the amount could be as little as a few hundred pounds but extrapolated this sum becomes significant. Such individuals are known as ‘money mules’.

Government regulation to fight money laundering

The government is keen to regulate these new currencies, and in a recent statement to parliament the treasury minister said:

“The UK Government is currently negotiating amendments to the 4th Anti-Money Laundering Directive that will bring virtual currency exchange platforms and custodian wallet providers into Anti-Money Laundering and Counter-Terrorist Financing regulation, which will result in these firms’ activities being overseen by national competent authorities for these areas. The Government supports the intention behind these amendments. We expect these negotiations to conclude at EU level in late 2017/early 2018.”

Until these protections are in place, people will be able to assist in money laundering enterprises, with little that the authorities can do to stop it.

Up to fourteen years for money laundering offences

It perhaps sounds the stuff of fiction, but in the first nine months of 2017, there were over 8652 ‘money mule’ cases identified by Cifas, the fraud prevention service. This criminality represents just the tip of a money laundering iceberg.

The penalty if caught is potentially significant, with sentences of imprisonment as long as 14 years available to a court.  If someone close to you seems to have come into money, you may want to start asking questions, before it is too late.

More information can be found on this government website.

Contact us for specialist legal advice

When a person becomes unwittingly involved in money laundering it is important to step back from the position as seen with the benefit of hindsight and examine what truly went on. A careful forensic analysis of the circumstances will reveal any defences available to someone suspected of money laundering crimes. Making a silly mistake is not yet a crime.

If you need advice about money laundering or any other criminal law matter then please contact your nearest office.  We will be able to provide you with free and independent legal advice in any police interview, and advise you on the availability of legal aid should your case come to court.  Alternatively, you can get in touch by using the contact form below.

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It is possible to appeal against a Crown Court sentence to the Court of Appeal.  The appeal process can be complicated depending on the individual case, so this article can only ever outline the basics of the appeal process.

If you require advice in relation to your specific appeal then our contact information can be found here.

You should know the range of sentences likely in your case

In cases that we deal with on behalf of clients facing Crown Court proceedings we will have ensured that all of our clients are given an early indication of the likely sentence range.   This advice will include the potential sentence depending on whether there is a guilty plea or conviction after trial.

In some cases we will be able to be relatively precise as to what might be expected.  In others cases, however, the range can be quite broad.  In some rare cases it can be ‘anyone’s guess’ only because the case is so unique.  Generally speaking, mainly where there are sentencing guidelines in place, we are very good at preparing our clients for the likely outcome.

Unfortunately, things do not always go to plan. For example, evidence may change during the case making it a lot more serious than originally thought.  Of course, some clients receive the benefit of the evidence changing in a way that favours them.  Sometimes the Judge may take a different view of the case, or, and this happens despite what appear to be clear sentencing guidelines, the Judge falls into error and makes a mistake when sentencing.

First steps in an appeal against a sentence

In all cases, following sentence, there should be clear advice on appeal. This will normally be given verbally, but you can have it in writing if you request that. In more complex cases it is usual for the advocate to set out in writing why an appeal is or is not appropriate.

If your Crown Court advocate is able to provide a positive advice on appeal, then you will have the opportunity to discuss that with us.  We will hen take the necessary next steps on your behalf.

In cases where an appeal is not thought to be viable, again we will provide full advice to ensure that you understand the reasons for this decision.

What are the grounds for appeal against a Crown Court sentence?

There is a margin of appreciation in sentencing.  This means that the Court of Appeal will not interfere merely because it would have chosen to sentence differently.

There are, perhaps surprisingly, thirteen distinct grounds for appeal.  They break down conveniently into two broad labels.  For the Court of Appeal to intervene the Crown Court sentence must be either

• Wrong in principle; or,
• Manifestly excessive

All appeals are considered initially by a Single Judge.  They will decide whether the case appears to have merit or not. If that Judge refuses leave to appeal on the basis that they believe the case is not properly arguable we will discuss the next steps with you.

If I am told not to appeal against a Crown Court sentence, can I ignore that advice?

A person can chose to ignore the advice received.  Any such decision should be discussed with us in advance because there are risks in proceeding with an appeal that is without merit.

The Court of Appeal can impose costs.  In some cases it will also make a ‘loss of time direction’.  This means that a release from prison at the end of any sentence will be delayed.  This is delay is often in the region of 14 to 42 days.

How long will the appeal take?

The length of time will depend on the complexity of the case and the listing requirements of the court.  Priority is also likely to be given to those facing shorter sentences that can be successfully appealed.  In some cases where a person has received a short prison sentence, there is a procedure to expedite an appeal.  In some cases, these can be heard within a few days.

Aside from such cases, appeals against a Crown Court sentence will be typically heard within six months of being lodged with the court.

Can I get bail pending an appeal against a Crown Court Sentence?

Bail is seldom granted in cases before the Court of Appeal.  The usual remedy to any injustice is for the Court to expedite the appeal hearing in cases where this approach is merited.

Where will the appeal be heard?

Most appeals are held at the Court of Appeal in London, although occasionally the court sits at regional Crown Court centres. If you are in custody, you will typically be present via video-link, or if on bail you can attend the hearing in person.

Court of Appeal judges will hear the case, and you will be represented by an advocate at the hearing. In some cases, the prosecution is also present, but not always.

When will I find out the result of my appeal?

In most cases, the result is announced at the end of the hearing. If complex issues are involved, then the decision might take a few weeks longer.

If I wasn’t represented by VHS Fletchers can you advise on appeal?

The simple answer is ‘Yes’.  We would be happy to discuss your case. In some cases, legal aid will be available for the provision of this advice.  This will be subject to a means and merits test.

Contact a Criminal Law Specialist

Whether you wish to discuss an appeal against a Crown Court sentence or wish any advice relating to any matter of criminal law then please contact your nearest office.

Alternatively, use the contact form below.

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A great many people are subject to restraining orders made under the Protection From Harassment Act 1997.  The orders are designed to protect people from harassment and are commonly made in so-called ‘domestic violence’ cases.  Advice is not given by the court at the time about how to discharge a restraining order.

Of course, life moves on.  It is quite common for old relationships to become re-established. If this should happen before a successful application is made to discharge a restraining order, the person subject to the order is at serious risk of committing a criminal offence.  The offence of breaching a restraining order carries a maximum sentence of 5 years imprisonment.

In other cases a restraining order may have, for example, geographic restrictions that are no longer appropriate.

Whatever the reason, there is a procedure to vary or discharge the order.

Is legal aid available to discharge a restraining order?

Legal aid may be available to a person subject to the order, dependant on a full assessment.

We also offer a competitively priced private client service.

Who makes the application to discharge the order?

The Act says that:

‘The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.’

This is important as it allows the person who is protected by the order to support or even initiate, any application to vary or discharge.

What are the criteria for discharge of the order?

There aren’t any statutory criteria for the court to apply, but case law sets out the following approach:

‘The only question on an application or further application, under section 5(4) of the Protection from Harassment Act 1997, to discharge [or vary] a restraining order made under that section, was whether something had changed so that the continuance of the order was neither necessary nor appropriate.’

It follows therefore that there really must be a compelling case to persuade the court to change its mind based on a change in circumstances.

Where the person protected by the order supports the discharge, the application is much stronger.  In this context the Court of Appeal has observed:

‘This is not a jurisdiction which can be used to prevent an adult from deciding who she wants to live with.  Although any person considering this case would consider that [HJ] is at serious risk of violence from the appellant, she has the right to live with him if she chooses.  It is to be hoped that she is genuinely aware of the risk she is running in doing that, but ultimately she is an adult and free to take those decisions for herself.  The law does not presently permit the criminal court to act to protect victims of domestic violence against the consequences of decisions of this kind which they freely make. Because of our level of concern for her safety, we caused the police to contact her very recently before this case was heard so that her wishes could be ascertained.  She told them unambiguously that she wants this order revoked.’

How we can assist with your application

Firstly we will take your instructions and advise you as to the chances of a successful variation of discharge of your restraining order.

If the application is to be made, we will meticulously prepare an evidence bundle and submissions for the court and present these on your behalf.

If we represented you in the original hearing then we will already have the information relating to your case.  If another firm of solicitors dealt with your case then we will be able to contact them to seek the papers relating to that case.

Please contact the office most convenient to you.  Alternatively you can use the contact form below.

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In criminal law, we talk a lot about ‘character’.  This is, however, mainly in the context of ‘bad character’ rather than good character.  It is often the case that the prosecution will try to put previous convictions before a jury to persuade them of the defendant’s guilt. After all, the prosecution will say, if he’s done it before, he is more likely to have committed this crime too.

Of course, not all defendant’s facing criminal trial will have previous convictions.  In those circumstances the issue of ‘good character’ is likely to be important.

This will, of course, involve a reversal of the prosecution argument.  In cases where a person is of good character it will be said, therefore, that they are less likely to have committed the crime charged.

In fact the situation is much more complicated than that.  As a result we believe it is an aspect of case preparation that can often be overlooked.  This will be to the detriment of the person of good character standing trial.

What is the purpose of establishing good character?

For centuries, it has been accepted that evidence of the accused’s good character is admissible in criminal trials.  In more recent years, the courts have accepted that evidence of good character may be admissible:

• to bolster the accused’s credibility; and,
• as relevant to the likelihood of guilt.

How is good character established?

In most cases, good character is simply a matter of fact.  If a person has no previous convictions they will by definition be of good character.

But even then, a person may be deprived, at least in part, of their good character status depending on the nature of any evidence they have given.

Similarly, although a defendant may not start off with good character they may be able nonetheless to obtain a good character direction. This is often referred to as ‘qualified or effective good character’. A common scenario is where any convictions are either so old or so irrelevant to the matter before the court, that it would be unjust to take them into account.

Should character witnesses be called?

An essential part of establishing good character will be to consider carefully whether character witnesses should be called on your behalf. These will be people who know a defendant well and who will speak positively about them.

In choosing character witnesses, it is preferable to try and find people who will be highly credible themselves in the eyes of the court or jury.  They ought to be people who would not be willing to lie about a person’s character and qualities simply due to allegiance to that person.

Do I have to do anything?

It is critical that good character or qualified good character is not overlooked during case preparation. It is for the defence to formally establish good character and ensure that the issue is properly before the court for consideration.

Good character and appeals

If defence advocates do not take a point on the character directions at trial and/or they agree with the judge’s proposed directions which are then given, these are good indications that nothing was amiss. This means that attempting to cure any defect on appeal is unlikely to meet with success.

The Court of Appeal has held:

“…as a matter of good practice, if not a rule, defendants should put the court on notice as early as possible that character and character directions are an issue that may need to be resolved. The judge can then decide whether a good character direction would be given and if so the precise terms. This discussion should take place before the evidence is adduced. This has advantages for the court and for the parties: the defence will be better informed before the decision is made whether to adduce the evidence, the Crown can conduct any necessary checks and the judge will have the fullest possible information upon which to rule. The judge should then ensure that the directions given accord precisely with their ruling.”

What is the content of a ‘good character’ direction?

The actual direction to the court or jury depends on the exact circumstances of the case, but this is a typical full direction:

‘You have heard that the defendant is a man in his middle years with no previous convictions. Good character is not a defence to the charges but it is relevant to your consideration of the case in two ways. First, the defendant has given evidence. His good character is a positive feature of the defendant which you should take into account when considering whether you accept what he told you. Secondly, the fact that the defendant has not offended in the past may make it less likely that he acted as is now alleged against him.

It has been submitted on behalf of the defendant that for the first time in his life he has been accused of a crime of dishonestly. He is not the sort of man who would be likely to cast his good character aside in this way. That is a matter to which you should pay particular attention.

However, what weight should be given to the defendant’s good character and the extent to which it assists on the facts of this particular case are for you to decide. In making that assessment, you may take account of everything you have heard about him.’

In the magistrates’ court, the defence advocate should ensure that the legal adviser provide the magistrates’ with the correct advice on this direction.

How we can assist as criminal trial specialists

We believe in proactive defence work.  This means that we do not merely respond to the prosecution case.  At the same time we are taking all of the positive steps possible to build a strong case for your defence.

An example of a Magistrates’ court trial where good character was important can be found here.

Considerations about character, both good and bad, will be just one aspect of this case preparation, although it may be a significant one.

Any application for legal aid is likely to be assisted where a conviction following trial will deprive a defendant of their good character.

Please contact your nearest office to make an appointment to speak with one of our expert criminal lawyers.  The contact details can be found here.

Alternatively you can use the contact form below.