Nottingham solicitor Derek Brown strayed off the beaten track to travel to Stratford Youth Court in London to represent a client at sentencing.  He had dealt with her initially at the Bridewell police station in Nottingham as Duty Solicitor.  He continued to provide continuity of representation at several further bail dates at the police station and finally represented her before the youth court in Nottingham.

His client had pleaded guilty to numerous charges of fraud by false representation and being in possession of an article for use in connection with fraud.  She had travelled from London to Nottingham with an adult co-accused with a false provisional driving licence to open mobile phone accounts in a number of stores.  The total fraud was in excess of £10 000.

Although the offending was in Nottingham, because of his client’s age the case was sent to her local youth court.  Understandably, bearing in mind the value of the offences, the Nottingham court has expressed a view that custody must be considered, despite her age and lack of previous convictions.

Bearing in mind Derek had had conduct of the case throughout, and the vulnerability of his young client, he felt it appropriate to continue with his representation of his client rather than pass the sentencing hearing on to an agent local to Stratford court.

Although serious, Derek was able to persuade the sentencing Magistrates that this was a case of misjudgement while under the influence of an older male, and aside from this offending she had a promising future.  As a result, the court was persuaded that a custodial sentence was not required and instead his client received a community based disposal, a referral order.

The client had been entitled to legal aid which meant that Derek’s representation in the police station and at both courts was free of charge to her.

Nottingham Solicitor Nick Walsh secured a not guilty verdict for a vulnerable client in a road traffic trial.  She had been charged with an allegation of failing to provide a specimen of breath for analysis.  It was accepted that the client had refused to provide a specimen and the trial issue was whether she had a reasonable excuse.

Nick instructed an expert witness to provide evidence as to the client’s medical condition.  The expert gave an opinion based on CCTV footage of the request for a specimen and the client’s reaction, concluding that her subsequent diagnosis of Bipolar Affective Disorder meant it likely that she lacked the capacity to make a decision or act appropriately due to her mental state at the time.

The Crown, surprisingly, chose to call no evidence to challenge that of the doctor but still pursued the matter to trial.  The client was found not guilty.

The client had the additional benefit of receiving legal aid which meant that the representation she received, including the securing of expert reports, was free of charge to her.

Trial success for Chesterfield solicitor David Gittins before the Magistrates’ Court.  His client faced allegations of assault upon his ex-partner and her mother in their home.  Both witnesses gave evidence but careful cross examination by David revealed that neither witness was being truthful to the court.  The prosecution conceded that there was no longer a case to answer and invited the court to dismiss the charges.

The client was represented under the legal aid scheme which means that our representation was paid for by the Legal Aid Agency.