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Why are there more voluntary interviews by the police?

Over a number of years changes were made to the way police conducted interviews with suspects.  Proper safeguards were brought in to ensure that investigations were conducted fairly, particularly in regard to the recording of the questioning of suspects including their access to free and independent solicitors.  This was a direct reaction to ‘confession’ evidence being obtained in far from satisfactory circumstances leading to miscarriages of justice.

Legal safeguards too expensive?

Unfortunately, all of those safeguards cost money.  As a result, although there remains the right to speak to a solicitor and receive advice during interview, in many cases the police now create an atmosphere where if a suspect insists on their right to legal representation they are made to feel that the case will be treated more seriously, or that they will have to be arrested and taken into police custody, or that access to a solicitor will cause significant and inconvenient delays.

As a result, although the police will always offer a solicitor prior to a voluntary interview, the general tone is of the suspect not doing themselves any favours by requesting one.

If I’ve not been arrested are the police treating the allegation seriously?

There might be the expectation that the police ought to arrest those suspected of a criminal offence and take them to the police station to be interviewed.  This will have the natural effect of concentrating a suspect’s mind on the gravity of his situation and will lead to serious consideration as to having a lawyer represent them in interview.

Unfortunately the ‘softly softly’ approach recently adopted by the police might avoid a person having the same set of worries.  A request by a police officer for a ‘quick chat’, either at your home address, a room at the police station, or another place such as the rear of a police car, is because the officer is investigating you for an offence.

The police have reason to believe that you have committed an offence.  They are investigating this allegation.

Why is a voluntary interview important?

What you say in a voluntary interview has the same weight as if you had been arrested an interviewed at a police station.  It remains an interview under caution.

As a result, what a person does or doesn’t say might have the following effects:

• lead to a conviction where there is no evidence other than an admission
• result in a charge to court rather than an out of court disposal such as restorative justice
• the police may issue an unwarranted caution where a person has not given clear denials
• give an accused problems at trial before either the Magistrates’ or Crown Courts

The gravity of the situation is best shown by the fact that the police routinely deal with such serious matters as robbery, drug supply and serious sexual offences by way of voluntary interviews.

Whether you are interviewed while under arrest at a police station or as a volunteer in your front room this will not influence the decision as to whether you will end up in court. This will be influenced by the seriousness of the allegation and the strength of the evidence.  This will include what you have said to the police in any voluntary interview.

Should I have a solicitor in police interview?

Perhaps a better question is why shouldn’t you have a solicitor in police interview?  We have previously written on this subject here, but in summary you ought to seek legal advice for any of the following reasons:

• a legal aid solicitor will always be free
• it is your legal right to have a lawyer – use it!
• our lawyers are experts in the field of criminal law
• we are totally independent of the police
• only the police delay your release, not your solicitor
• a lawyer will give you time to think
• we can negotiate an outcome with the police
• the police are more likely to disclose the evidence they hold
• having a solicitor does not make you look guilty

Instruct a criminal defence specialist now for your police interview

There is an element of truth in the police suggestion that having a solicitor will delay any voluntary interview.  That is only true, however, if we are only called when the police are at your door or you have attended at the police station.

You are likely to know that you are to be interviewed under caution in advance.  As soon as you find out, contact your nearest office to make the arrangement for one of our solicitors or accredited police station representatives to attend.  We’ll need to know you details, where you are to be interviewed and when, and then we will make sure that we are there at the same time as the police.

Alternatively you can use the contact form below and we will then make contact with you.

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New recruit, Chesterfield Criminal defence solicitor Denney Lau, has hit the ground running in his first seven days at VHS Fletchers.  His caseload perhaps illustrates the varied and unexpected nature of an experienced criminal law specialist.

Day 1

On day 1 Denney represented three clients before Chesterfield Magistrates’ Court.  All three had the benefit of criminal legal aid.

The first client denied possession of bladed article.  The case was suitable for summary trial and a trial has been listed at Chesterfield Magistrates’ Court.  A second client faced an allegation of theft.  It was inappropriate to make progress so Denney successfully argued for an adjournment.

The final client of the day faced allegation of attempted robbery and possession of a bladed article.  This was a case that could only be dealt with at the Crown Court, so the case was sent there.  His client remained on bail.

Day 2

Day two say Denney again at Chesterfield Magistrates’ Court.  He dealt with two clients under the legal aid scheme.  One defendant pleaded guilty to breaching a restraining order and was fined.  A second was in breach of a community order and received a similar financial penalty.

Denney also represented a client under the Chesterfield court duty solicitor scheme.  He face a charge of harassment.  A not guilty plea was entered so the case adjourned for trial.  Denney is awaiting further instructions

Day 3

Once again Denney was representing a client before Chesterfield Magistrates’ Court.  This time his client was facing allegations of burglary and possession of a bladed article.  The allegations were denied and therefore were allocated to Derby Crown Court for trial.  His client remained on bail.  Representation was given under criminal legal aid

Day 4

Denney represented a client in custody under the legal aid scheme.  He was in breach of both a restraining order and his previous community order.  He had, unfortunately, run out of chances so received a fourteen week sentence.

Separately Denney dealt with a client as duty solicitor.  This client had unpaid fines dating back to 2010 so was at risk of being sent to prison for default.  Instead, Denney secured him a further opportunity to pay under a suspended committal order.

Day 5

Avoiding court in the morning, Denney instead provided advice and assistance under a fixed fee arrangement to a suspect being interviewed by the Department of Works and Pensions on suspicion of benefit fraud.  No decision was made as to whether to prosecute.

In the afternoon, Denney was representing a client before Sheffield Magistrates’ Court who was denying a serious sexual offence.  The case was allocated to Sheffield Crown Court.  His client had the benefit of both legal aid and bail.

Day 6

An application to adjourn a dishonesty offence was made and granted before the Magistrates.  A legal aid application was submitted.

A new client was seen in the office facing an allegation of excess alcohol.  Legal representation at the future court date was possible because of an affordable fixed fee.

That evening Denney undertook his first period on call and dealt with three cases during the night at Chesterfield police station.  Two clients facing investigation for a serious sexual offence and possession of drugs with intent to supply were released under investigations so that the police could conclude their enquiries.

A third client was charged to Chesterfield Magistrates’ Court following admissions to an assault on paramedics.

Day 7

The day started with a meeting at the Derbyshire Law Centre in Chesterfield.  Chesterfield crime solicitor Ben Strelley also attended.  It was an important opportunity to discuss the legal services offered by both us and the Law Centre to ensure that our clients have the opportunity to access legal advice for all of their problems.

Thereafter, Denney has another busy day at Chesterfield Magistrates’ Court.  He dealt with a defendant as court duty solicitor who pleaded guilty to having a dog that was dangerously out of control.  A basis of plea was put forward that was not accepted by the prosecution so a trial of issue of Newton hearing was listed.  Denney awaits further instructions.

He concluded a case by way of a conditional discharge for a client in possession of the controlled substance, Mamba.

A second client had committed a new offence of criminal damage while subject to a suspended sentence.  Despite that the order was allowed to continue and he was given unpaid work for the new offence.

Finally, Denney made representations on behalf of a client that persuaded the probation service to withdraw proceedings for breach of a suspended sentence order.

Contact Chesterfield criminal defence solicitor Denney Lau

Although you can see that Denney is busy, he is never too busy to take your call and represent you in police interview or at court.

We know that Denney’s clients will expect him to see their cases through to the end.  As a result, he will aim to provide continuity of representation all the way through to your Crown Court trial.

Chesterfield criminal defence solicitor Denney Lau can be contacted on 01246 283000 or you can use the contact form below.

All posts by Andrew Wesley/h3>

For many people the thought of being interviewed by a police officer will never cross their mind. Their law abiding lives mean that they will only rarely have any interaction with the Police.  On occasions, however,  allegations can be made which mean the police will have no alternative but to hold an interview under caution.

The importance of an interview under caution

Such an interview under caution may happen after arrest.  More often in recent times there may be what is called a voluntary interview.  The importance of either type of interview should not be underestimated.  The answers given in an interview under caution will carry the same weight in any court proceedings.  Any responses will also help decide whether a prosecution should be brought in the first place.  As a result, what is said in interview can have life changing effects as a case progresses.

Our expert criminal defence lawyers across all of our offices give daily advice to suspects interviewed by the police.  People choose not to have a solicitor in police interview for any number of reasons.  They may think that they have nothing to hide, or that there is no evidence that they are responsible for any wrong doing.

Free and independent legal advice

Whatever your personal views on the case we would recommend that you always contact one of our solicitors or accredited police station representatives as soon as you know the police want to speak to you.  This might be in advance or as you are booked in at the police station.

This advice will always be free of charge to you as we have a contract permitting us to give advice and representation under the legal aid scheme.  The service remains free whether when our office is open or out of hours.

Our advice is always independent of the police and we may help you identify all of the relevant legal issues that will inform your decision whether or not to answer the police questions.

A police interview years after the event

Recently Chesterfield police station representative Rob Lowe was asked to represent a female suspect.  She had been interviewed in 2013 about allegations of child neglect when she was a foster carer. The case was closed with no action but the complainant wished to resurrect the complaint.  The police chose to put additional evidence to our client four years after the original police interview.

As Rob had attended with his client for interview he was able to receive full details from the police bout the new evidence that they had.  Without the benefit of a legal adviser in interview the police are unlikely to give you a similar level of information before the interview.

It became clear that although the police wished to ask some questions about some new, but minor, issues that had arisen they also wanted to ask some of the same questions that they had asked four years earlier.

As his client had chosen to have legal advice, she had the opportunity of speaking with Rob in private before the interview took place.  He had the opportunity of providing her with detailed advice about her options.

Bearing in mind she had already answered the majority of the questions, Rob was reluctant for the police to have a further opportunity to seek answers that may be inconsistent bearing in mind the passage of time.  Any differences in her account could weigh against her in any charging decision even though they would be perfectly understandable.

Submitting a prepared statement

Rob was, however, keen for his client to address the fresh issues that had arisen.  As a result, he drafted a statement that set out his client’s position in relation to these matters.  This statement was read out at the start of the interview.  After that, his client exercised her legal right to silence and refused to answer further questions put.

You will appreciate that a person without the benefit of legal representation may be unlikely to adopt such a course of action.  They are less likely to be confident in refusing to answer the questions the police put in interview.

Our client was refused charge

Following interview the case was subject to a further review and our client was told that no further action was to be taken.  She had been refused charge.  No doubt this was in part due to the comprehensive denials that she had put forward four years ago, but also in part to the position that she adopted in relation to the later interview.

Contact a legal aid specialist in police station representation.

Rob can be contacted at our Chesterfield office on 01246 283000.  This number will be answered 24 hours a day, 7 days a week, every day of the year.

You can read some more thoughts on why you ought to have legal advice in police interview here.

Alternatively, if might be that one of our other offices is more convenient.  You can find the details here.

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VHS Fletchers Solicitors have six offices across the East Midlands, staffed with specialists in the field of Criminal Defence work. Whilst it will come as no surprise that these locations are situated close to local Police Stations and Courts, the team at VHS Fletchers will happily travel much further to give nationwide criminal advice and representation to our client’s accused of criminal acts.

Within the last few months staff from our Chesterfield office have had many early mornings and late nights travelling the length and breadth of the country to provide our clients with the expert legal advice that they have come to expect.

We travel to give nationwide criminal advice and representation

Those places recently visited by the staff from our Chesterfield office include:

• Grimsby Police Station
• Harrogate Police Station
• South Sefton (Liverpool) Magistrates’ Court
• Newport Magistrates’ Court
• South Shields Magistrates’ Court
• Grimsby Magistrates’ Court
• Leeds Magistrates’ Court
• Norwich Magistrates’ Court
• Sheffield Magistrates’ Court

All of our Clients involved in these cases had links to the Chesterfield area.  They firstly wanted a solicitor local to them rather than to the police station or court they had to attend.  They also didn’t want a solicitor or other representative that they did not know or trust.

As such they asked whether a member of our Chesterfield criminal defence team would be prepared to travel and provide them with  expert legal advice about their cases.  We were only to happy to do so.  These clients faced a range of offences including assault, escaping from lawful custody, possession of offensive weapons or road traffic offences.

Here is a post relating to advice and assistance given by accredited police station representative Rob Lowe at Skegness police station.

Nearly forgot, police station advice is free

As we have a contract with the government to provide criminal legal aid advice and representation then our advice in the police station will always be free of charge to you.

Many of our clients will be entitled to legal aid in the Magistrates’ Court.  Nearly all will be eligible for Crown Court legal aid.

Instruct a firm to go that extra mile

You may choose your solicitor by reputation.  You might want to choose a solicitor with an office near to where you live, no matter where your case will be heard.

If you require the assistance of a firm of expert criminal defence solicitors who are more than happy to travel to provide you with nationwide criminal advice and representation, then look no further than VHS Fletchers.

We will go that extra mile (or if need be the hundreds of extra miles) needed to ensure that you get the best outcome possible.  Please contact our Chesterfield Office day or night, 365 days a year on 01246 283000.  Alternatively you can use the form below.

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Senior crown court litigator Sarah Lees-Collier instructed counsel Harry Hewitt from 5 St Andrews Hill Chambers in a case listed for Crown Court trial at Nottingham Crown Court.  Sarah’s client faced allegations of

• possession of criminal property
• abstracting electricity
• production of cannabis, and
• supply of cannabis.

 

The case for the prosecution

The cannabis had been found by police at his home address and was a relatively large amount – 8 ounces or 230 grams in what the police said were single ounce deals.  The police also found large plastic  containers that had traces of cannabis inside along with £2000 cash.  The electricity meter at the address had been bypassed.

Our client also owned a second address.  When this was searched by the police approximately 200 cannabis plants were found growing at the address.  The meter had been bypassed.  The police said that the manner of the bypass was the same as at the other address.  Two others were arrested at this address.

Finally, when our client’s phone was examined by the police there were a large number of photographs of cannabis plants being grown.

Our client’s defence at Crown Court Trial

Our client accepted possession of the cannabis and the abstraction of electricity at his home address.  He denied responsibility for any of the other offences and maintained the following:

• the cannabis seized from his home address was his and was for personal use
• he used about four to six ounces of cannabis per week as self-medication for pain relief
• it was boiled it in a bain-marie and drank it with milk
• this had been given to the police when they came to his home, along with the plastic tubs which he had used to store the cannabis in
• the £2,000 cash was legitimate cash from his businesses from which he earned at least £200 000 per year.
• he denied knowing that cannabis was being grown at his second address
• he denied knowledge of the photos on his phone

In order to prepare the case for trial, Sarah instructed expert witnesses Emmersons Associates to inspect the electricity meters to look for similarities.  The police has mislaid one of the meters so  the impact of any examination was limited.

Medical evidence was obtained outlining the various ailments that our client suffered from and which cannabis was said to alleviate.

Pleas accepted and conditional discharge followed

Once the case was fully prepared and the helpful evidence served on the prosecution, we reminded the prosecution that our client was offering pleas to simple possession of cannabis and abstracting electricity.  This time the pleas were accepted.

Our client was sentenced to a 12 month conditional discharge for both offences.

Confiscation proceedings avoided

The fact that we put the prosecution in a position where the offered pleas were accepted meant that our client avoided an almost inevitable prison sentence and confiscation proceedings.  Had be been convicted of any of the other offences then the prosecution would have examined his finances for the 6 years prior to the offence in order to try and confiscate assets that could not easily be explained.

Instruct an expert for your Crown Court trial

If you wish to instruct Sarah you can contact her on 0115 9599550.  Alternatively, we have specialist Crown Court trial lawyers at each of our offices across the East Midlands.  Find you nearest office here.

Alternatively you can use the contact form below.