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Confiscation law specialist Julia Haywood recently took over a client’s case post conviction.  Our client was involved in confiscation proceedings involving a benefit figure of over a million pounds.  He was not happy with the advice and representation he was receiving once the main part of the case was over.

It is often our experience that client’s may feel that their interests are not being properly protected after sentence, despite the fact that it may be that the outcome of any confiscation proceedings could be a more substantial punishment than the sentence for the offence.

In this case, our client had been referred on to this firm on recommendation from an existing client, the client citing out ‘Good reputation on Class A cases’ as one of the reasons why he wished to transfer to this firm.

The preparation of such cases are often complicated where our client is serving a sentence of imprisonment.  For example, here. he was initially at HMP Wandsworth but later transferred to HMP Highpoint North.

The application to transfer legal aid to us was not resisted, and the first task Julia undertook was to seek to amend the timetable to permit proper preparation of our client’s case.

Background to the confiscation proceedings

The background to the case was a conviction for conspiracy to supply drugs of both Class A and Class B.   There had been covert surveillance at agricultural premises, and following a raid cocaine was found that was initially valued at £1.5 million.  The cocaine had a total weight of 22 kg, packaged in individual blocks.  Our client was one of four co-accused.  At the point that we took over conduct of the case, one of the co-accused had been subject to a confiscation order with a benefit figure specified of £1 060 280.

Unfortunately, our client was very unclear as to what he had pleaded guilty to and on what basis.  It appears that he had followed advice that inevitably resulted in a significant loss of credit for his plea.  He received advice in writing that he had pleaded guilty to possession with intent to supply a smaller amount of Class A drug when he had in fact pleaded to the conspiracy on a full facts basis.  His case had been listed for a Newton Hearing, although this was later abandoned for reasons that were not immediately apparent.  Our client was serving a sentence of 11 years.

In order to ensure that the case was fully  prepared Julia visited her client six times prior to the final confiscation hearing.  Although some work had been undertaken on his behalf, in effect she had to start the preparation of his case from the very beginning.  Assertions had been made in documents submitted on our client’s behalf that had no legal basis.

Significant reduction of the benefit figure

The prosecution were claiming that our client’s benefit from his offending was £1.1m.   Once Julia had taken the opportunity to review all of the evidence in the case she was able to engage in negotiation.  Agreement was reached over a much reduced figure of £396K.

This reduction of £700K was likely to be extremely significant for our client over the longer term.  He did not have assets sufficient to pay the benefit figure in full.  As a result it would be open to the prosecution to bring the matter back to court each time it was discovered he had assets to direct that more money be directed to paying off the benefit figure.  As a result it was in his interests for the benefit figure to be as small as possible.

Extensive realisable assets

The position in relation to our clients realisable assets was also complex.  He had been self-employed.  Preparation of such a case where a person is in prison is always difficult.  This was particularly true as our client had been remanded from the time of charge.

He had significant assets that would be counted in the calculation of the ‘available amount’.  He owned his own home and three vehicles as well as a large amount of specialist camera equipment.  His partner, however, had left him following his arrest and taken all of his assets not seized by the police.

The prosecution was contending that these were tainted gifts  although our client would argue otherwise.  Julia was able to locate the ex-partner who attended court at the final hearing to confess what she had done!

There were further complicating issues involving substantial loans of many thousands of pounds to our client by his father.  Julia was able to put together a comprehensive history of where her client’s  money had come from.  Understandably this was not an easy task.

The value of the Realisable assets as an ‘available amount’ was finally agreed at £136K.  Julia identified a large sum of cash that had been seized by the police.  This had not been counted in the initial prosecution calculation.

Although in this case, our client lost what he had, there was a reasonable opportunity to rebuild his fortunes upon his release from prison.

Instruct an expert on confiscation proceedings

The outcome of any case is important.  In cases involving confiscation proceedings there will not only be a sentence to serve, but the potential for the additional punishment of loss of assets.

If you wish to discuss any aspect of your case then please contact Nottingham confiscation solicitor Julia Haywood on 0115 9599550.  Alternatively, use the contact form below.

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In many cases involving confiscation proceedings, the conversation in conference between solicitor and client may go as follows:

Client: ‘What am I looking at?’

Solicitor: ‘Around 12-15 months, suspended if you are very lucky.’

Client: ‘Oh, I can live with that!’

Solicitor: ‘But there is something else?’

Client: ‘What?’

Solicitor: ‘You are likely to lose your money and your car and have to sell your house.’

What are  confiscation proceedings?

At its most simple it is the process by which those convicted of particular crimes are deprived of their benefit from those crimes.

So, for example, a particular client might steal £20,000 from her employer and spends it on a luxury holiday and new electrical items.

The proceeds of that crime is £20,000.  This is her ‘benefit’ from the crime.  She can expect a confiscation order to be made in that sum.

Are confiscation proceedings fair?

Although the process seems straightforward and fair in confiscation proceedings such as the one above the situation is more complicated than that.  For example, the the £20,000 from the confiscation order above  will not go to the employer.  Instead it will go to the state.

The court may also, however, make a compensation order in the sum of £20,000 to repay the employer for their loss.

So, Jill will have to pay two lots of £20 000, a total of £40 000.

Quite possibly if she has the assets.

The potential for unfairness in confiscation proceedings

The situation can be a whole lot worse for some defendants.

For example, a client might steal a Porsche worth £130,000.  He is caught a few hours later by the police.  The the car is recovered undamaged and it is returned to its owner.

The ‘benefit’ in his case is £130,000 (the value of the car).  This is the case even though the car has been returned to its owner within hours.

Examples from real confiscation cases

The examples above are all from real confiscation proceedings.  While the results outlined do not always follow, the problem for defendants is that confiscation proceedings are  ‘draconian and intended to be draconian’.

Certain convictions trigger what are known as the ‘lifestyle provisions’.  This means that the finances going back many years will be subject to investigation for those convicted of a relevant offence.  Unless a defendant can establish that the income was lawfully obtained, any unexplained monies will be at risk of being added to the ‘benefit’ figure.

Should you care if you don’t have any assets?

The benefit figure will still be determined even for defendant’s who don’t have any money or other property.  If, for example, they come into some money at a later date the prosecution can ask the court for that money.  This might include an inheritance, a pension lump sum or equity in a property that did not exist when the original order was made.

Any property of value can be seized in order to satisfy a confiscation order, and if the court believes that you can pay the order, and you fail to do so, you can be sent to prison in default.

The process can be very complicated

It is in very many cases.  This , and we haven’t even mentioned gifts, hidden assets, corporate veils or Article 1 of the First Protocol of the European Convention of Human Rights.

The real punishment felt by an offender may not be the headline sentence but instead the financial penalty that flows from a confiscation order.

The rules are incredibly complicated.  We will often find fundamental errors and assumptions being made by financial investigators. Basic errors can lead to incorrect calculations amounting to many tens of thousands of pounds.

In some cases, we can argue that the making of a confiscation order is so disproportionate that to do so would be unlawful.

As a result, before entrusting your case to any other solicitor you will want to ensure that they are up to speed not only on the basics of the offence with which you have been charged, but also in relation to the confiscation proceedings that are likely to flow following conviction.

Contact a specialist in confiscation proceedings

If you wish expert advice in relation to confiscation proceedings then please contact criminal solicitor Julia Haywood based at our Nottingham office.  She provides nationwide advice and representation in relation to such cases.

Please call her on 0115 9599550 or use the contact form below.

Alternatively she can be contacted by letter at our Nottingham office.

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LIAR?

Liar, an important ITV drama from 2017, gripped the nation.  Early in the series people were reaching conclusions as to whether Laura, played by the actress Joanne Froggatt (better known for her role as Anna Bates in Downton Abbey), was telling the truth when she accused surgeon Andrew of raping her.

For most of us, this was a highly watchable drama.  We flip flopped between whom to believe.  Our perceptions changed over time by the sophisticated script and plot devices.

It is no surprise that some people formed an opinion after only one or two episodes because recent research demonstrated that half of the jurors might reach a guilty verdict before even going to deliberate with other jurors.

We know that people are on occasion willing to change their minds, just as you might when the plot unfolds.

It is vital therefore in cases alleging a sexual offence that a strong case is advanced from the start, laying a solid foundation for a successful defence.

Our Role

For our clients and their families, facing an accusation of rape or other sexual crime can be a horrendous experience. So, what is our role and how do we defend such cases?

Reactive and Proactive defence for a sexual offence

We always start with a reactive approach. The complainant states they were drunk, our client states they were in fact sober. We entered the bedroom uninvited says one person, we were invited in, says our client, and so on.

Viewers can build the start of a defence with this important work, but we do not have the benefit of the incident in question playing before us on a TV screen, with the truth revealed at the end.

Instead we have only the competing versions, and it might feel as if it is simply one word against another, and often it is unless you seek further evidence.

It is a proactive approach to case preparation which makes a difference. We always ensure that:

• All relevant witnesses are traced.
• Any CTTV evidence secured.
• Forensic evidence analysed.
• Background checks completed.
• Details of false allegations pursued.

and even, as alluded to already in Liar, any psychiatric issues are explored.

Some examples of recent cases that we have successfully concluded by Crown Court litigator Lisa Sawyer can be found here:

Sexomnia

Rape allegation defended

Historic sex case defended

We instruct a combination of in-house advocates and independent barristers to ensure you receive the best representation.

We also understand the personal toll legal proceedings will take on you and your family, and our caseworkers such as Lisa offer a compassionate and reassuring voice at a time when the future may at times appear very dark.

Our Services

The solicitors, Crown Court litigators and advocates VHS Fletchers Solicitors have decades of experience in defending cases of this type involving a sexual offence.

Before entrusting your case to anyone else come and meet us, get a feel for our work ethic, and ensure you are confident that you are receiving the best defence possible.

You only get one chance to get this right, so the alternative is unthinkable.

We offer private client services at affordable rates, and legal aid may well be available.

So, if you are arrested for, or charged with any offence, call your nearest office to arrange an appointment, or use the enquiry form below.

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There have been recent reports on the figures that have been released from the Home Office relating to those arrested for a terrorism offence.  The statistics revealed the following information:

‘The number of people arrested over terrorism-related offences in Britain has risen by 54% to 400 in one of the most intense periods for attacks in recent history. The Home Office said the increase in the year to September was due partly to the 64 arrests made after the attacks in London and Manchester, bringing the total to the highest number since records began in 2001.’

How do the high profile arrests end?

The initial arrests for a terrorism offence are often high profile.  They attract national media.  But what happens to those suspects when the TV camera crews have departed and the criminal justice system takes over?

The figures are highly revealing.   Out of the 379 people arrested for a terrorism offence in the 12 months prior to June 2017 the following outcomes were recorded:

• 32 % (or 123 people) were charged with an offence
• 49.9% (or 189 suspects) were released without charge
• 11 faced alternative action such as cautions
• 54 had been released on bail with enquiries not finalised
• 2 were pending decision a decision on prosecution

Of the 123 charged who had been charged, 18 were charged with offences other than terrorism offences. In relation to some of these defendants, the proceedings were later dropped or resulted in not guilty verdicts.

What does this tell us about terrorism offences?

Mostly it reminds us that, just as with any other offence, an arrest does not automatically equate to guilt. In the last year alone half of those arrested were released with no further action.

Although terrorism offences are a part of our general criminal law, you will still need to instruct a specialist with experience in this area of law to ensure that your case is properly advanced.

Criminal lawyers practising in this field require the highest levels of skill and knowledge to navigate not only complex legal principles, but also the political and other aspects of these incredibly sensitive cases.

Our lawyers at VHS Fletchers have experience in representing those facing such allegations in the police station and before the courts.

How we can assist on arrest or at court for a terrorism offence

You only get one opportunity to have specialist representation at a police station or court.  If you are facing terrorism-related accusations then contact us immediately and find out how we can influence the outcome of your case.

We provide nationwide advice and representation from our offices across the East Midlands.  Our independent advice will be free of charge to you in police interview.  We will always investigate whether you can receive the benefit of legal aid for any court representation.

Alternatively you can use the contact form below.

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Jury Trial – How Your Fate is Decided

A lot is said in the country about the benefits of a jury trial as opposed to trial before the Magistrates’ Court.  It is argued that leaving a decision as to guilt or innocence in the hands of twelve people chosen at random is the fairest way to securing justice.  How does a jury decide your fate?

There is a lot that we do not know about a jury trial

The process of how a jury reaches its decision is generally unknown however.  Laws prevent us from examining real jury decisions and questioning jurors on their findings.

Although there have been lots of academic studies, in reality these shed very little light on the process of the decision making.

We do know the legal process that guides them in their decision making.   Despite the lack of ‘hard proof’ as to the effectiveness of a jury trial, most lawyers actively support trial by jury.

The internet age

The power of Google and social network services such as Facebook or Twitter can present challenges.  Recent publicity has highlighted cases in which jurors have sought information about a case or a defendant from these sources.

There is a good reason why certain information is withheld from a jury.  This might include, for example, previous convictions of a defendant.  Going behind explicit instructions not to discuss evidence with anyone other than a fellow juror when the jury is assembled, or seeking information from external sources, undermines the integrity of a jury trial.

For this reason, jurors will be given clear warnings throughout the trial process.  The breaking of the rules can lead to a prison sentence for a juror.

A trial starts with twelve jurors

A jury trial will  always start with twelve jurors.   The trial can’t start with fewer jurors.

There are many reasons, however, leading to a trial not always finishing with twelve. Jurors may become sick and be unable to return.  In some rare cases they may be removed from a jury due to some misconduct during the trial. As long as the number of jurors does not fall below nine then a lawful verdict can be reached.

The unanimous verdict

At all times, the Judge presiding over the trial will be seeking a unanimous verdict from the jury.  This is a verdict upon which all of the jurors are agreed, whether that is guilty or not guilty.

In the early stages of jury deliberation a Judge is prevented by law from accepting a majority verdict.  There will, however, be a time when a majority decision is permissible. The timing of when that will be will depend very much on the facts of the particular case.

When a majority verdict becomes permissible the jury will be brought back into court by the judge and advised accordingly. Even at that stage, however, the jurors will be asked to continue to try and arrive at a unanimous verdict if that is possible. If this is not possible, then a majority verdict will be acceptable.

Deadlock

In some cases it will become apparent to the Judge that the jury cannot reach a verdict, even a majority one. The Judge will often find this out because the jury will write a note explaining the situation. The contents of that note will usually not be shared with the advocates.  This is because it will often  ‘contain numbers’, meaning how many jurors are voting one way or the other. Such notes remain confidential in all jury trials.

When a deadlock occurs the judge will provide them with a ‘give and take’ direction.  This calls upon all of the  jurors to use their collective wisdom to reach a decision.

The Decision reached

If the jury reaches a unanimous verdict then the issue is settled.  If not, and the time is appropriate for a majority verdict, a majority may be acceptable.

Whether a majority verdict is acceptable depends on the balance of votes.  This will in turn depend on how many jurors remain deciding the trial.

The combinations are:

• Where there are 12 jurors: 11 – 1 or 10 – 2
• If there are 11 jurors: 10 -1
• When there are 10 jurors: 9 – 1

Where the jury falls to nine jurors, only a unanimous verdict will be acceptable.

If the verdict is not guilty, the defendant is free to leave court assuming that there are no other matters remaining to be dealt with. When the verdict is guilty, the judge will move on to consider sentencing the defendant.

Back to deadlock?

In the cases where, despite further deliberation, it becomes clear that the jury is deadlocked then the jury will be discharged.  The trial will be over.

In these circumstances, the prosecution may either proceed with a new trial or abandon the trial.  This may be because the trial has exposed weaknesses in the prosecution evidence.

How we can assist in your case

We know that the trial process can be difficult,  both for our clients and their families. We will work hard at all stages of that process to explain what stage has been reached, what is going on and what will happen next.

It is your case and you ought not to be reduced to a mere bystander as the legal process occurs around you.

Because we are experienced trial lawyers, we do not lose sight of the person behind the proceedings.

Contact an expert lawyer for a jury trial

We offer Crown Court advocacy and litigation expertise from all of our six offices across the East Midlands.  While we are most regularly preparing cases to be heard before Nottingham and Derby Crown Courts we provide nationwide coverage.

You can find your nearest office here.  Alternatively you can use the contact form below.