A torch was recovered from the burgled premises. The inference to be drawn was that the torch had been left by whoever burgled the premises. Upon analysis, the DNA of Sarah’s client was found on the torch.
DNA link to offence
Of course a torch is a moveable item. As a result, DNA being on the torch was unlikely to lead to any irresistable conclusions. The DNA alone was unlikely to prove he committed a burglary.
As a result, the prosecution sought to bolster the evidence with applications to the court that other information be before the court. An application was made at a pre-trial hearing.
Bad Character and Hearsay Opposed
This additional information was intended to be in two forms. Firstly there was a bad character application to try and show that Sarah’s client had been responsible for similar offending in the past. The prosecution intended this to show a propensity for such offending.
Secondly, the prosecution sought to place hearsay evidence before the court that implicated our client in the offending.
Through careful preparation and argument on the key provisions Sarah was able to persuade a District Judge that neither piece of evidence should be admitted.
As a result the prosecution was left simply with the torch and DNA evidence. Although the prosecution had promised to review whether there was a reasonable likelihood of conviction, this review had not taken place by the morning of the trial.
Prosecution guidelines say case should be dropped
Anticipating this, Sarah had attended court with the Crown Prosecution Service’s own guidelines on charging in cases where the evidence was similar to this one. It was perhaps disappointing that the prosecution was surprised when Sarah referred them to the guidelines that suggested any charge would need to be supported by other evidence.
Sarah and her client were then even more disappointed at the time it took to review what appeared to be a straightforward point – in the event it was the entire morning.
Representation under criminal legal aid
Eventually, however, a decision was made to offer no evidence. Sarah’s client was found not guilty, the charge dismissed. He had the benefit of criminal legal aid that means that Sarah’s representation was free of charge to him.
Contact an Ilkeston criminal defence solicitor
Despite the lack of police station or court in Ilkeston, we have maintained an office in the town. We are now the only firm providing legally aided criminal law advice and representation. We hope that clients will see the benefit of this decision to them.
If you face a police investigation or court proceedings and wish to contact Ilkeston criminal defence solicitor Sarah Green then please telephone her on 0115 9441233 or email her here.Our Ilkeston office can be found here.
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Nottingham criminal defence solicitor Graham Heatchcote
It may have been surprising that two people of good character moving towards retirement should end up having to give evidence to a court about such a matter, but sometimes these things can allegedly get out of hand.
The complainant in the case maintained that when he had parked his van Graham’s client had approached him, claiming he had nearly been hit by the van. He was said to have used abusive behaviour. It was then alleged that Graham’s client had punched the complainant hard, causing his wife to step in and separate the two of them.
Although the complainant only alleged a single punch, his wife maintained that there had been not one but eight punches.
Free legal advice in police interview
Graham’s client had taken advantage of the free legal aid available to him to ensure advice and representation during interview. This was available even though he was not under arrest.
He answered questions in interview, claiming that he had nearly been knocked down by the van. Although words were exchanged no punched were thrown.
Nottingham Magistrates’ Court
All of the witnesses attended trial. Both the complainant and his wife give evidence. Their accounts were significantly different however, and these discrepancies were highlighted by Graham’s expert cross-examination.
In evidence Graham’s client repeated the account he gave in interview. He maintained that while in the services he had received an injury that even years later meant that he was unable to deliver a blow with any force.
Not Guilty – Client keeps good character
Having heard all of the evidence and Graham’s submissions the Magistrates’ found his client not guilty. As a result he kept his good character. Although he was not entitled to legal aid for representation, Graham was able to ask for the return of a significant portion of his agreed affordable fixed-fee costs by way of a Defendant’s Costs Order.
Contact a Nottingham criminal solicitor
Although the facts of the case are perhaps not overly remarkable, the way the trial proceeded and the fact of the not guilty verdict demonstrates the value of solid expert representation by an experienced criminal defence lawyer where reputation is on the line.
It also shows the benefits of securing the services of a solicitor who will represent you for an affordable fee or criminal legal aid to ensure that you have representation to ensure you secure the best possible outcome in court.
If you are being investigated by the police or face court proceedings then Nottingham criminal defence lawyer Graham Heathcote can be contacted on 0115 9599550 or email him here.
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Mansfield criminal defence solicitor Tim Haines
Mansfield crime solicitor Tim Haines recently used all of his experience to secure a not guilty verdict in a domestic violence trial. The case required sensitivity and a clear trial strategy.
During an acrimonious relationship breakdown, Tim’s client was charged with an allegation of common assault. He was said to have slapped his son in the presence of his estranged wife.
In interview and thereafter, Tim’s client always maintained his innocence. He claimed that it was a false allegation designed to make sure he had to leave the matrimonial home.
Special Measures for Child Witness in Domestic Violence Trial
Tim knew that this had the potential to be an emotive trial. Special Measures were granted to help the young witness give his best evidence. This meant that he appeared in court over a video link. Although it was a distressing experience for him, Tim had to ask him questions about the incident to test whether witnesses were telling the truth.
Our client’s wife then gave evidence about the incident.
She was followed by Tim’s client who gave evidence on his own behalf along with a character witness.
Tim was then able to address the Magistrates’ as to the evidence in the case. His client had been consistent in his account to both the police and the court, and was helped by the evidence of good character that he was able to provide.
Not Guilty Verdict and No Restraining Order
Mansfield Magistrates’ Court
On the other hand, there were inconsistencies in the evidence of the young witness and our client’s wife that were significant and not easy to explain away.
As a result, after full deliberation, the Magistrates’ were not persuaded that the prosecution had proved the case to the criminal standard of proof. They were not sure that Tim’s client had assaulted the child so was found ‘not guilty’.
Contact a Criminal Defence Solicitor in Mansfield
Allegations of domestic violence are treated seriously by the courts. They also need handling with sensitivity. The law can be complex, particularly where the prosecution do not seek to rely on the complainant’s evidence.
As a result, if you are arrested or know that the police wish to speak to you about an offence of domestic violence make sure you insist on your right to free and independent legal advice.
Tim Haines can be contacted on 01623 675816 or by using the form below.
Contact
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Derby criminal defence solicitor Nick Wright
Derby crime solicitor Nick Wright recently represented a client who had been subject to a ‘postal requisition’ bringing him before Derby Magistrates’ Court for an allegation of Disorderly Conduct.
The system of postal requisition has replaced the old summons in order to commence court proceedings. Strict time limits apply to many cases.
Case commenced by postal requisition
The allegation was one that perhaps ought to have been given priority by the police. It involved an allegation from a local Member of Parliament who maintained that a vehicle had been driven past her while she was attending to her bins. The driver, as the vehicle went by, was said to have shouted ‘I hope you die’, swearing and using additional abusive language.
Derby Magistrates’ Court
The complainant had the presence of mind to take the registration number of the vehicle as well as its description, and was able to describe the driver.
The police believed that the incident arose due to the MP’s political beliefs.
Admitted Presence
On arrest, Nick’s client admitted that he was the driver of the vehicle, accepted that he had been shouting, but denied that he was shouting at the MP. He denied knowing she was on the road, and stated that the shouting was during an argument and the circumstances meant that he was not guilty of the offence.
Always read the small print
There was not an opportunity for the matter to be argued at trial. As the charge could only be dealt with in the Magistrates’ Court it was subject to a 6 month time limit to start proceedings. In fact, proceedings were authorised nearly a month after this time limit expired. As a result, once Nick identified this as an issue and spoke with the prosecutor, the prosecution had no alternative but to withdraw the charge.
Contact a Derby Criminal Defence Solicitor
If you are being investigated by the police or face court proceedings then you will need a solicitor to take the time to examine all of the evidence, including whether a postal requisition has been properly issued in time.
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Nottingham criminal solicitor Jameel Malik
Nottingham criminal solicitor Jameel Malik recently represented a client who had attended Central Police station as a volunteer for police interview. She had requested the duty solicitor and Jameel attended.
His client was due to be questioned in a police interview under caution as she was said to have used a Bluetooth earpiece to obtain answers from somebody outside the testing room while taking her theory test.
This behaviour, if true, would amount to the offence of attempted fraud as she had not actually passed the test. When the offending had been detected she had potentially made matters worse by running away.
The matter could have been taken seriously by the police. Such behaviour has the capability of undermining the integrity of the testing system. Jameel was aware of a case that had recently been dealt with before Nottingham Crown Court where, in similar circumstances, that offender had received a sentence of 4 months immediate custody. Details of that case can be found here.
Jameel’s client had not been in trouble with the police before. She was accepting her responsibility for the offence. She was in the unfortunate position where she had paid to sit this test seven times without success.
Following her admissions and expressions of remorse during police interview, Jameel was able to negotiate an out of court disposal for his client. She was relieved to be offered Restorative Justice.
Contact Jameel about your police interview
A police interview under caution will always be free of charge to you under the legal aid scheme. This is true whether you are under arrest or being interviewed as a volunteer. It is also true whether the interview takes place at a police station and is recorded, or in your own home and is written down.
If you know that you are due to be interviewed then you will be able to make arrangements for Jameel to attend the interview with you so that there are no delays and he can look after your interests from the start.
