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This week from January 2018 provides a perfect illustration of the work undertaken by accredited police station representative Rob Lowe out of our busy Chesterfield office as he travels to provide expert police station advice.

Sunday

The week started with a visit to Chesterfield Police Station just after midnight on Sunday.  The the police decided this would be the ideal time to interview to a client who had asked for the duty solicitor.

Luckily, Rob was offered plenty of strong coffee which was very welcome, because he was there until after two in the morning.  He managed to get a few hours sleep before I was required back for 10 a.m. on the Sunday morning to provide a further three clients with police station advice in Chesterfield.  Again, these had asked for the duty solicitor.

Unfortunately, he was back home in time to see Arsenal lose!

Monday

Monday started with a further visit to Chesterfield police station to represent a client who was answering  police bail.   Although this was a second visit to provide free legal advice and representation to our client, there is no additional fee payable to us under the legal aid scheme.

Immediately after this, Rob represented a client who had been asked to attend the police station for a voluntary interview.  He had the good sense to have notified us the previous week that he would be attending the police station and would wish free representation under the legal aid scheme.

After dealing with that case, Rob got into his car and drove all the way up to Liverpool.  He met his client at the city centre police station at 6pm.  Again, he was attending voluntarily and had earlier informed Rob that the police wanted to interview him.

After that interview was completed, and the client had gone home, Rob wandered into the city centre for a bite to eat before travelling home through weather that was variously rain hail and then snow.  He managed to be tucked up in bed by 11 p.m.

Tuesday

Tuesday began with a trip to Mexborough police station.   This was to provide free and independent legal advice to a client who had attended for a voluntary interview.  Rob attended by prior arrangement, the client having contacted us in advance.

Rob was back in Chesterfield by lunchtime to represent another client at the Chesterfield police station.   Again, this client had attended for a voluntary interview.

After concluding advice in that case , Rob went down into the custody suite  to look after a client who had been to Court in the morning and had been represented by a colleague.  He was unfortunately arrested for further offences when he left Court, and he asked for VHS Fletchers at the police station to provide advice and representation.

Wednesday

It was the firms turn to be duty solicitor again on Wednesday.  Rob started the day by representing a client who had asked for the duty solicitor at Chesterfield Police Station.

A colleague then told Rob that a further client, who had been referred to us by a friend of his, was coming to the police station at 12 noon for a voluntary interview.  He was met by Rob at that time and advice was provided accordingly.

Another case was in the cells also ready for interview at 12 noon, so a colleague was drafted in to provide advice in that case so that there was no delay to the interview for that client.

Once the voluntary interview was finished, Rob made his way over to Ilkeston police station to act as an agent for a firm of solicitors in London.  They had a client who was attending for a voluntary interview but were unable to make the journey up to Derbyshire.  Rob was was back home for 7:30p.m. for another late tea.

Thursday

Thursday started early due to the need to provide advice at Sheffield City Council offices.  Rob represented a client who was being interviewed under caution for an allegation relating to improper use of a blue badge.

Rob then made his way back to Chesterfield Police Station to look after a client in custody who had been arrested and asked for representation from VHS Fletchers.

Rob made it home on time for a change, although this period of calm did not last long.  He chose to assist a colleague who was on call by providing advice and assistance to a client who was being interviewed at Chesterfield police station.

Friday

Rob was not required at the police station on Friday.  This provided a welcome opportunity to ensure that all of his paperwork was up to date from the week’s police station attendances.

Saturday

On the Saturday, Rob rested.  Within the last seven days, Rob had provided free and independent legal advice to sixteen different clients.

In January alone Rob has attended ten different police stations in January –  as well as Chesterfield, Rob has visited

• Grantham
• Clay Cross
• Ripley
• Hucknall
• Mansfield
• Eastwood
• Liverpool
• Mexborough
• Ilkeston

and one council office.  The list will no doubt be even longer by the end of the month.

Contact us for free and independent police station advice

As we hold a legal aid contract we are able to provide our clients with free and independent legal advice when they are interviewed by the police.  This remains the case whether a suspect is a volunteer or under arrest, whether the interview is in a police station or at another place such as their home.

Police interviews are important.  What a suspect says or doesn’t say can help in the decision as to whether court proceedings should follow an interview.  As a result it is important that a suspect seek police station advice before answering questions.  Other reasons to seek legal advice can be found here.  We can help you decide if, and how, you should answer police questions.

Rob can be contacted at our Chesterfield office.  Details of all of our offices can be found here.  All of our telephone numbers are answered 24 hours a day, 7 days a week to ensure that you receive our expert police station advice when you require it.

Alternatively you can use the contact form below.

All posts by Andrew Wesley/h3>

One of the most serious offences that can come before a court is ‘perverting the course of justice’, this is because it strikes at the very heart of the justice system.  Such offending includes taking points for someone else.

Due to its seriousness, immediate custody almost always follows, yet there are a surprising number of people who commit this offence, thinking that they will easily get away with it.

“Offences of perverting the course of justice are intrinsically so serious that they will almost always attract an immediate custodial sentence unless there are exceptional circumstances justifying a different course” (R v Cronin (2017)).

Know a family member sitting on nine penalty points?

The scenario is a common one.  One person in the family already has 9 points on their driving licence.  A Notice of Intended Prosecution drops through the door in relation to a further road traffic offence.

The new road traffic offence on its own is likely to be relatively minor.  It will only result in 3 penalty points and a modest fine. But, in this instance, due to the previous points on the licence, it may well result in a driving disqualification.

It may be that another family member with a clean licence thinks about taking points for someone else.  The thought process might go – how easy would it be for another person to take the blame?  Abe made to name a relative abroad.   Who would possibly find out?

Of course, the first mistake here is the belief that you will not be caught taking points for someone else.

In reality, however, the police take a keen interest in these cases, and often it requires only a modicum of detective work to reveal the true offender.

The consequences of the offending

The consequences of taking points for someone else can be horrendous.  The points follow, as does the disqualification which now becomes a reality with no realistic prospect of arguing exceptional hardship.  Worst of all, two people are arrested, possibly in the early hours, in front of friends and family, maybe even young children.

And finally, a prison sentence follows.  All to avoid a few penalty points.

Considering taking points for someone else?

The irony of the situation as set out above is that in many cases the driving disqualification could have been avoided.  This is particularly true if early advice had been obtained from an experienced road traffic law practitioner.

Many otherwise decent hardworking people find themselves before the court through decisions made in panic. Before acting always seek advice.

Contact your nearest office to speak to one of our expert road traffic lawyers about your case.

Alternatively you the contact form below.

All posts by Andrew Wesley/h3>

Despite all of the warnings, and many reasons not to, some people end up enticed into the world of so-called ‘recreational drugs’.

There are a great many substances that might properly be categorised as ‘recreational drugs’.  Popular substances include cannabis and cocaine. First use often occurs at a party.  Normal inhibitions may have been diminished by alcohol or the sheer fun of the occasion. Despite the apparent short-term joys that might flow from the use of a drug, the harsh reality will be felt for some for a long time after that.

This is the darker side of drug use, as seen through the eyes of the criminal justice system.  It is told through a series of case studies.

Sara’s drug driving conviction

‘Sara saw no harm in smoking a few joints of cannabis. If anything, she felt better than she had for a long time. She was never stupid enough to drink drive, but did not realise just how long cannabis would remain in her system.

But for the faulty brake light the police officer would not have pulled her over the next morning, would not have asked for a roadside drugs test, would not have arrested her and kept her in a cell for 5 hours and would not have charged her with drug driving and had her produced before a court.

But for her ignorance of the effect of drugs, she would not have been disqualified from driving for 18 months and would not have lost her job.’

Daniel’s caution for possession of ecstasy

‘If Daniel hadn’t been spotted by club security, nobody would have been any the wiser, but he was. The ejection from the club was not something that particularly bothered him, and receiving a police caution seemed like a slap on the wrist, of little consequence.

In the morning Daniel returned to his job, and normality resumed, until late Summer when taking the family to the United States for a well-earned summer holiday.

Little did he know that one simple caution for a drugs offence could have led to him being refused entry to the US and placed on the next flight home. Daniel hadn’t mentioned the nightclub incident to his family. Until now.’

Rachel’s caution for possession of cocaine

‘8 A* at GCSE, 3 A* at A Level, a first-class degree in medicine. Life was good for Rachel until she accepted a caution for possessing a tiny amount of cocaine. Rachel will never forget the arrest and police caution, not just because of how frightening and embarrassing the experience was, but because on each medical job application she completes, throughout her entire career, she will have to disclose it.’

How We Can Assist if you are arrested for recreational drugs

Regrettably, for us, stories like those of Sara, Daniel and Rachel are familiar.

If you are arrested for any offence please seek legal advice before being interviewed by the police. Minor drug offences are often dealt with by way of police caution, and it is tempting to try and get the process over with as quickly as possible.

In reality, however, despite what you may be told or think, asking for a solicitor not only costs nothing (as you qualify for legal aid) but does not delay your release from custody.

In many instances, it speeds up your release.  It also means that we can advise on the best long-term options for you.

We all make mistakes, but often the biggest mistake is not taking legal advice.

Contact your nearest office for emergency legal advice

Our advice and representation in police interview if you are spoken to about recreational drugs will be free of charge.  All of our office numbers are answered 24 hours a day 7 days a week.  The advice will be free whether you are interviewed while under arrest or as a volunteer.  You can find more about the benefit of legal advice generally here. 

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

All posts by Andrew Wesley/h3>

When the Director of Public Prosecutions Alison Saunders feels the need to write to a national newspaper to apologise for a prosecution failure in an individual case, something significant must have gone wrong.  The failure related to Crown Court disclosure of evidential material.

Of course, it might be thought a great pity that she chose to write to the newspaper first, rather than the person wrongly accused of rape.

So, what were the things that the prosecution and police got wrong in the case of Liam Allan?

Mr Allan was charged with multiple accusations of rape and sexual assault.  This is the type of case that juries throughout the country grapple with on a daily basis.  It would no doubt be a challenge for jury members in any circumstances.

Jury trial for serious sexual offences

First the jury would hear the complainant in alleging that she was a victim of serious sexual crime.  The jury would then hear the position of the young man in question who had always stated that that it was all consensual.

As most sexual encounters happen in private, as lawyers we will often face cases where the case involves the word of one person against another. Can there be smoke without fire?  Why would the allegation be made in the first place if untrue?

But what if the key to ‘solving’ the issue of whose account was correct was sitting in phone records that had already been obtained.  All that was required was that people simply do their job. That was the situation in the case of Liam Allan.

After the alleged crime, the complainant sent a series of text messages to Mr Allan asking for more sex. The messages disclosed, in fact,  that she wanted violent sex.  She spoke about wanting to be raped. Even worse here, in a further round of texts, she made clear to a friend that no crime had been committed by Mr Allan.

This is the type of evidence which should hole a case below the water line, leading to the end of a prosecution.  In this case it did, but only after two years. Mr Allan understandably described this period as a ‘living hell’.

Failure to disclose text messages

The sadness, in this case, is that it could have been avoided.  This is because Mr Allan raised the issue of text messages in his police interview.  His account was ignored.  Instead, the officer in the case went on to also ignore clear guidelines on Crown Court disclosure.  Although the police had the text messages he did not bring them to the attention of the prosecuting barrister.

It was only a very late intervention, three days into the trial, that uncovered what the police had known all along, that Mr Allan was innocent. So, in the end, all’s well that ends well.  Commentators might argue that the system works.  For Mr Allan, it will be a long time indeed before the scars of that period heal.

While we would wish to provide you with the assurance that Mr Allan’s case is a ‘one-off’, we cannot. The issue of disclosure has been a fundamental problem in the area of criminal justice for decades.  This point has been illustrated by dozens of high profile miscarriages of justice.

It would appear likely that these cases must only be the tip of the iceberg.  Every single day the liberty of people standing trial is put at risk due to failures within the disclosure process.

Ensure you receive proper Crown Court disclosure of evidence

Because we are acutely aware of these problems and the risks to your case of a failure of Crown Court disclosure, all of our staff work relentlessly to ensure that all relevant evidence is revealed by the police and the prosecution.

From first police disclosure, right through to trial applications, we do not rest until satisfied that cases of our clients are prepared to the very highest of standards.

Instruct an expert crown court litigator

We provide nationwide advice and representation from our six offices across the East Midlands.  Please contact your most convenient office to make an appointment to discuss your case.

Alternatively you can use the contact form below.

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Nottingham crime solicitor Nick Walsh represented a client appearing before Nottingham Magistrates’ Court charged with permitting her premises to be used for the cultivation of cannabis.

No legal representation in police interview

She had not chosen to seek free and independent legal advice in her interview with the police.  She had made admissions to the offence and had told the police that she had been promised payment by those growing the cannabis.

At the time of the offence, Nick’s client was 19 years old and had never been in trouble with the police or the courts.

Cultivation of cannabis valued at £15 000

The prosecution valued the cannabis as having a resale value in small deals of £15 000.  The sentencing guidelines relevant to this offence of permitting her premises to be used for the cultivation of cannabis suggested that the starting point for the court when considering sentence was a prison sentence of 12 months.  Although our client could expect a reduction for the fact that she had not been in trouble before and because of her early admissions the court would still be considering custody.

Substantial personal mitigation

Nick spent the time needed to discover that his client had substantial personal mitigation.  She had been put under pressure to allow an ex partner to grow cannabis in the loft.  She believed that there were only five plants.  When she found out the true scale of the operation she became very frightened.  She had considered telling her dad.  However, she had been threatened that if she did both she and her child would be in danger.

She was also told that if the drugs were lost as a result of her actions then she would incur a drug debt to the value of the drugs.   Once the police had seized the drugs our client left her home and was homeless.  Despite this, she had gone on to complete her college course and found a job.

Powerful and persuasive advocacy

Through Nick’s persuasive advocacy, the court felt able to depart significantly from the sentencing guideline.  Instead of a prison sentence, or a suspended sentence order or community order, the court imposed a conditional discharge for two years.  This means that unless she commits a further offence during that period she will not be punished for allowing her premises to be used for the cultivation of cannabis.

Instruct a Nottingham criminal defence solicitor

If you know that you are to be interviewed by the police, either by appointment or following arrest, always make sure that you ask for a VHS Fletchers criminal lawyer to represent you.  Our advice is independent of the police and always free of charge.  You can read more about the benefits of having legal advice here.

Legal aid is available for your representation before both the Magistrates’ and Crown Court.  We will advise you on whether you will be entitled and if not investigate other ways of funding your case.

Contact us on 0115 9599550 24 hours a day, 7 days a week for police station advice.  Contact us during office hours for an appointment to see one of our criminal defence lawyers.

Alternatively, use the contact form below.