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Irene Tolley, Head of Prison Law Department, recently represented a client who wished to apply for parole.  He was serving a sentence made up as follows:

• Attempt murder police office with firearm – 15 year sentence
• Robbery – 7 years consecutive
• Robbery – 7 years concurrent

This total sentence of twenty two years meant that Irene’s client remained a Category A prisoner throughout his sentence and had therefore been detained for thirteen years at high security establishments.

Irene’s first involvement in his case was to make representations to his Category A status.  Her submissions in relation to this were immediately successful and he was downgraded to Category B in July.

His first parole hearing was heard a less than a month later.  Irene submitted an application for release on her client’s behalf.  Again, these representations were successful and Irene’s client has his release directed in October.

Such a decision was almost unprecedented.  Irene’s client had not spent any time in lower security prisons and had not completed any releases on temporary licence which would have helped assess suitability for release.

Client Doing Very Well

Irene has had contact with one of the Parole Board members since the decision was made.  Irene is pleased to be able to report that her client is doing very well.  He is in regular touch to update her on what he is up to – he has a job, works with both a High Court Judge and a professor in criminology at Cambridge, and travels the country giving presentations about his experiences.

Contact Irene about Parole

If you or a family member need advice about parole or any other prison law matter then please contact Irene Tolley by telephone on 0115 9599550 or email her here.

She will be able to advise you as to whether legal aid funding remains available or whether you will need to take advantage of our affordable fixed fees.

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We hold criminal legal aid contracts that allow us to continue representing our existing and new clients under the legal aid scheme from our offices in Nottingham, Derby, Chesterfield, Mansfield and Newark.

Our Newark Office

Our office in Newark demonstrates our commitment to providing advice and representation to local communities who in other ways have been let down by the justice system.

Newark no longer has a police station where suspects can be interviewed and the Magistrates’ Court closed several years ago.  Those appearing in court now have to travel over 20 miles to Nottingham Magistrates’ Court, while those arrested are taken to Mansfield police station, a similar distance.

Local Offices Serving Local Communities

VHS Fletchers has made the decision that we will be able to provide criminal advice and representation in the police station, Magistrates’ and Crown Courts while being based in the heart of the communities that we serve.

We will hopefully contribute to reducing the stress and anxiety that investigations and proceedings can bring by making it easy and affordable for our clients to visit their legal representatives in a local office.

This approach should also allow for our clients to receive continuity in terms of the advisers and solicitors they meet, which we know clients value.

Details of the lawyers that you will meet at each office can be found here.

Contact Us to Discuss Criminal Legal Aid

If you face police investigation then advice and assistance at the police station will always be free under criminal legal aid.  Magistrates’ criminal legal aid is both means and merits tested, and means tested for the Crown Court.

You can read more about the different legal aid schemes here.

We can give you further advice at your local office.

Details of our offices can be found here.

Alternatively you can use the contact form below.

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Senior Crown Court litigator Laura Clarson was responsible for the preparation of a case before Wolverhampton Crown Court recently.  She assembled an expert firearms team of barrister and witness. Her client was acquitted by a unanimous jury verdict following a trial lasting eight days.

Expert Firearms Team

Counsel Nick Doherty from Brudenell Chambers instructed to represent our client. He has a particular specialism in firearms law so was a perfect choice.  Laura also instructed firearms expert David Dyson to comment on the evidence as to whether live or blank ammunition was used.

Laura’s client had a licence to hold firearms.  He was charged with possession of a firearm with intent to cause fear of unlawful violence.  It was said that he fired live rounds of ammunition in the middle of the street in which he lived.

Bullet casings recovered from the scene together with evidence of an independent witness which supported this. Laura’s client maintained that no live rounds were discharged from the rifle and that he fired a single blank round in order to scare away two males. They were armed with a machete and a samurai sword.  They were threatening him and his sons with those weapons.

As a result, our client claimed that no unlawful violence was threatened.  He was acting in defence of himself and his family.

Mr Dyson, as a leading expert witness in the field of firearms, was called to give evidence as to the type of ammunition recovered. and was able to give independent opinion supportive of our client’s case.

Undisclosed Evidence

Laura had to actively pursue the prosecution for undisclosed evidence.  A witness had given information to the police that was helpful to her client.  This information had not been disclosed by the police because she wanted to remain anonymous.

Counsel was successful in arguing that her statement should be read to the jury in support of our client’s case.

Judge Dismissive of Defence

Despite direction from the judge that was very dismissive of our client’s case, the jury found him not guilty, presumably on the basis that his actions may have been reasonable in all of the circumstances of the case.

After trial, counsel commented that Laura was ‘a credit to the firm really fights for her clients’.

Contact Us

This case came to us through our consultant solicitor Andrew Broome who has a specialist knowledge of firearms law.  If you are charged with a firearms offence then you will need an expert firearms team to give you advice and representation then we will be able to help.

Please contact Laura on 0115 9599550 or Andrew on 0115 9441233.  Alternatively, they can be emailed here.

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Nottingham solicitor advocate Phil Plant recently dealt with a serious case involving sexual activity with a child that required a sensitive presentation of mitigation to secure a just sentence for his client.  The preparation undertaken by senior crown court litigator Sarah Lees-Collier, including the request for a psychologist report, assisted greatly.

Sexual Activity with a Child

Phil’s female client had pleaded guilty to four offences of sexual activity with a child.  She had had a relationship with a teenage boy involving sexual contact.

The relationship had come to the attention of the boy’s mother.  She had contacted Phil’s client and told her of her son’s age.  She was instructed to end the relationship.  This advice was ignored and the relationship continued and moved to a sexual phase.

The boy had provided the police with a detailed victim impact statement describing how he felt that he had been made to grow up too fast.

Our Client was Vulnerable

In turn, Phil’s client presented as very vulnerable.  She suffered from learning impairment and a lack of social awareness.  She had suffered bullying at school and that had led to difficulties for her in forming peer to peer relationships.

In the view of her parents, and confirmed by a psychologist, she was less emotionally mature than her 15 year old sister.  In addition she had been diagnosed with epilepsy that on occasions left her with slurred speech.

Suspended Sentence Imposed

Phil had to approach the case with sensitivity.  The judge accepted that the offending fell within a sentencing bracket that had a starting point of 12 months for at least two of the offences.  The judge as persuaded, however, that taking into account all the personal mitigation a 16 month prison sentence could properly be suspended for 24 months.

Contact Us

If you face a serious case such as sexual activity with a child then you will need your case preparing and presenting by experienced lawyers with a view to securing the best outcome for you.  If you wish to contact Phil or Sarah then please telephone them on 0115 9599550 or email them here.

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Nottingham criminal solicitor advocate Phil Plant recently travelled to Northampton Crown Court to represent his client who was charged with conveying a prohibited item into prison.  The case was prepared by senior Crown Court Litigator Sarah Lees-Collier.

Prohibited Item Conveyed into Prison

Our client had arranged a visit to see her boyfriend in prison.  At the same time she had arranged to convey a mobile telephone and a quantity of the substance spice that at the time had been a legal high.  It has now been made illegal.

The drop was intercepted at the visits area, having been caught on CCTV.  Suspicions had been aroused when our client was seen passing her baby to her boyfriend.  The baby was reluctant to be passed over.  As this was taking place the swap was noticed.  The items were then seized.

Early Instructions

Phil took instructions from  his client. She maintained that she felt that her boyfriend was under pressure from people inside the prison.  She had made repeated attempts to bring it to the attention of the authorities including writing to her local MP.  These problems were largely ignored save that the defendant was moved prisons.  Within days of the defendant being moved her was viciously attacked and left with a noticeable scar.  It was a result of this attack that she felt under compulsion to take the item in to the prison.

Phil gave early realistic advice that all of this information might be effective mitigation, but would not provide her with a defence to bringing a prohibited item into prison. She accepted this advice and entered a guilty plea at her first Crown Court appearance.

Suspended Sentence Imposed

The Judge was initially prepared to adjourn for reports, and once all of the necessary information was before the court the sentencing Judge was prepared to suspend what was an inevitable prison sentence.  The decision was based on the effective mitigation that Phil was able to put before the court.

Contact Us

It will be important to you that you receive early advice that allows you to out your best case before the court, whether that is the Magistrates’ or Crown Court.  If you face proceedings, please contact Phil or Sarah on 0115 9599550 or email them here.