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Much of a solicitor’s time will be spent with cases at the police station, the Magistrates’ or Crown Court.  Occasionally cases proceed further to the High Court, Court of Appeal or even the Supreme Court.

Magistrates’ Court solicitor Ian Carter recently represented clients  before Nottingham Magistrate’s Court in a trial that raised a point of law relating to police powers.  The decision to dismiss the case by the District Judge was subject to a prosecution appeal to the High Court.

In DPP v Price and Darby [2024] EWHC 2864 (Admin) the High Court was asked to consider whether the relatively new offence of Assault upon an Emergency Worker introduced in 2018, was substantially different an alternative offence of assaulting a Constable in the execution of their duty.

A first obvious difference is that the new offence covers all emergency workers and not just police officers. While the reality is that the vast majority of cases will involve assaults upon the police, the offence includes, for example, fire fighters or ambulance workers.

A more subtle difference is in the wording – for an assault on a police officer it had to be shown that he was acting at all times in the exercise of his duties.  This is construed as ‘strictly lawfully’ in exercising police powers. If an officer made an honest mistake in terms of wrongly detaining a person or wrongfully trespassing on private property, then it was a clear defence to the charge where an individual had used reasonable force in response to the unlawful act.

The new charge instead contains a broader wording – the emergency worker must simply be acting in their functions as an emergency worker.  Initially, it was perhaps thought that this change of wording may have made no difference.

The case of Darby and in the preceding case of Campbell v DPP it was held that the fact that a policeman was not acting lawfully did not necessarily mean that they were acting outside their functions.

The question for the court in the Darby case was whether the absence of a formal complaint of criminal damage from Price meant that police were acting outside their function as emergency workers when they entered the property to arrest Price.

The correct approach for any court when considering cases involving the exercise of police powers .  While an officer committing an offence may well be acting outside their functions as an emergency worker, unlawfulness is not decisive as to whether an officer is or is not acting within their function of an emergency worker.  It is simply a relevant factor.

As a result, the law had become more difficult for people who find themselves being subjects of unlawful exercise of police powers.  Absent any bad faith on behalf of the officers, it will perhaps be difficult to show that officers were acting outside the functions of their role.

Contact one of our expert criminal lawyers

Such cases will often require a detailed analysis of police powers in any given situation.  You will wish to seek expert advice on such points.  Please do not hesitate to contact us if you are facing an investigation or prosecution.

Advice and representation in a police interview under caution will always be free of charge to you.

Legal Aid will often be available to defend court proceedings.

We have offices across the East Midlands.

Contact your nearest office here. 

Alternatively you can use the contact form below

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In 1948, when George Orwell wrote his novel, “1984”, he had a vision of the world where Big Brother was watching everybody.

The has perhaps moved closer to the Big Brother state envisaged by Orwell. There are numerous dash cams and doorbell cameras, CCTV cameras, bicycle helmet cameras and everybody has their own pocket camera in their smart phone.  As well as Big Brother, we are now all potentially being recorded by a whole series of little brothers and sisters.

Our client’s case

The position looked bleak for our client.  He had been recorded by his next-door neighbour’s doorbell camera while muttering some

nasty abuse. The neighbour had sent the footage to the police.  Our client was interviewed under caution as a volunteer.

He contacted Public Order Act expert Jim Buckley to advise him at this police interview. Taking free and independent legal advice in police interview is perhaps the most important way a suspect can protect themselves.  Suspects who are unrepresented can cause themselves real difficulties if they answer questions in interview if the evidence does not require comment.

In this case, having considered the evidence disclosed by the police, Jim advised our client was advised to remain silent in his interview.

Charged to Court

Our client was subsequently prosecuted for intentionally causing distress to his neighbour by using abusive or insulting words directed at her camera.

Not guilty verdict

He denied the offence and pleaded not guilty.  At trial it was argued on his behalf that it could not be proved that he knew that the camera was a genuine article and not a dummy.

The prosecution argued that there was a sign next to the doorbell camera saying that it was recording live footage.  However, an alternative argument was that that nobody installing a dummy doorbell camera would put up a sign saying “don’t worry burglars, this is only a dummy camera”!

Our client was found not guilty because the Magistrates could not be sure that our client knew the camera was real or that it had a microphone attached, or that anyone was listening to the device at the time.

Seek our expert criminal defence solicitors

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation including an illegal entry offence make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.

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Chesterfield motoring solicitor David Gittins successfully represented a client appearing before Chesterfield Magistrates’ Court for being drunk in charge of a motor vehicle.

You can read information about this offence here.

The guideline penalties upon conviction can be found here.

Our client accepted that he was over the drink drive limit.  He had been found in the driver’s seat of the vehicle.  He stated, however, that he had no intention of driving the vehicle.

Using his extensive knowledge, Chesterfield motoring solicitor David Gittins instructed an expert, sought defence witnesses and ensured the acquittal of his client.

Client alleged to be drunk in charge

Our client was seen asleep by the police at around 9.30am on a Sunday morning.  He was sat in the driver’s seat of a car. The police stopped and could see that the engine was running. Upon speaking to him it was also noticeable that he was under the influence of alcohol.

The client was arrested as he was found to be over twice the drink drive limit.

The police charged our client without interviewing him.  They believed their case was compelling and there was no need for his side of the story.

David took early instructions.  He established that our client had no intention of driving whilst still over the legal limit. He had driven to his brother’s house before heading into Chesterfield for drinks. He became separated from his brother and had no way of getting into the house he was parked outside. As a result, he had simply decided to sleep in the car with the engine on to keep him warm. The plan was that he would be collected by his father and taken for a Sunday dinner.  This happened weekly. He would have returned later in the day to collect his car and driven it once sober.

David knew that this account could amount to a defence if an expert confirmed that by the time he intended to drive he would be under the drink drive limit. The client would have to give evidence to the court that that was his intention.

Instructing An Expert

Such a defence, in this case, would need to be supported by an expert report confirming when our client would be under the legal limit to drive.

David tasked then-trainee Chloe Wright to instruct an expert asking for analysis of whether, on our client’s instructions, he would have been under the legal limit to drive at the point he intended to.  Our expert performed the calculation and our client would have been able to drive legally at the point he planned.

We obtained statements from our client’s brother with whom he had been out with the night before, and his father about plans for that Sunday.  Both witnesses agreed to attend court and give evidence.

The trial

David persuaded the prosecution to accept the evidence of our expert as it was not contentious.  The real issue for trial was whether the court accepted the evidence of our client in terms of when he intended to drive.

The prosecution presented its evidence which again was not challenged.  The defence case consisted of our client and his family members all giving evidence, as well as the agreed expert evidence.

The evidence given was credible and consistent between our client and the two witnesses.

The Magistrates listened closely and found our client not guilty.  Our client was delighted and was able to keep his driving licence.

Funding

In this case David’s client had the benefit of legal aid meaning he didn’t have to pay for either his legal fees or the expert reports. For more information on legal aid click here: Criminal Legal Aid Solicitors – VHS Fletchers Solicitors

In some circumstances Legal Aid may not be eligible for cases such as this. However, in those case competitive Fixed Fees can be agreed for VHS Fletchers to provide legal representation. Click here for more information about our Private Road Traffic Fees: Motoring Offences Fixed Fees – VHS Fletchers Solicitors

Instructing a Chesterfield motoring solicitor

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case as set out above.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.

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Controlling and coercive behaviour legislation

Controlling and coercive behaviour in an intimate or family relationship is an offence created under Section 76 Serious Crime Act 2015. It has a maximum penalty of five years imprisonment.

As this offence falls under the domestic abuse umbrella, the Code for Crown Prosecutions states “given the seriousness of Domestic Abuse offending, a prosecution will normally be required when the evidential requirements under the Code are met.”

Sentencing guidelines for the offence can be found here.

Our client’s case

One of our clients was charged with the offence of controlling and coercive behaviour.  He denied the allegation.  Unfortunately, despite our best efforts before the Magistrates’ Court he was remanded into prison custody pending his trial at the Crown Court.

Fortunately the allegation did not reach trial.  This was due to the expertise and persistency of Solicitor Advocate Denney Lau and  Chesterfield criminal defence solicitor Chloe Wright.

Chloe visited our client in prison.  She obtained detailed instruction from him.  These included the whole history of the relationship, his detailed version of events and details of defence witnesses.

From taking instructions it was revealed that our client had been receiving letters in prison from a ‘relative’.  It was in fact the complainant who was the author of the letters.  The false name had been used in order to bypass the prison checks.

Defence witnesses seen

Chloe contacted the defence witness on behalf of our client.  They  provided her with screenshots of messages that confirmed the origin of the letters.  They were also able to show that the complainant had also transferred money into our client’s prison account.  Signed statements were obtained confirming this detail.

We were then in a position to make representations to the Crown Prosecution Service regarding the credibility of the complainant and therefore whether there was a realistic prospect of conviction.  The prosecution were persuaded that the prosecution should not proceed.

As a result the case was brought forward into the Court list.  The prosecution offered no evidence.  The Judge entered a formal not guilty verdict, concluding the case and releasing our client.

This case perhaps clearly sets out the benefits of early case preparation.  Rather than wait for trial, we secured our client’s discharge from the proceedings at the earliest opportunity.

Instruct an expert in controlling and coercive behaviour allegations

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case as set out above.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.

All posts by Jon Hullis/h3>

Back in the old days, football grounds may have been places where anything went.  Those who strove for better words often ended up using four letter words. Now, understandably, people watching football have to be more careful or risk allegations of a football offence.

Things looked bad for a lifelong Wolverhampton Wanderers  when he was arrested at the City Ground. Not only were Wolves a goal down but our client found himself in a police cell.

When Morgan Gibbs-White went down and claimed a penalty, our client was accused of shouting “get up” followed by a homophobic slur. Morgan Gibbs-White being a fair distance away.  However two policemen claimed to have heard the shout and our client was arrested for disorderly conduct.

VHS Fletchers were able to help having been contacted as Duty Solicitor. Experienced criminal defence solicitor Helen Lees, attended to provide representation at the 2am police interview.  Our client was advised and gave a full explanation setting our what he actually shouted.

Not guilty to football offence

He was charged with public order offence of disorderly conduct.  The prosecution was seeking  a three year Football Banning Order on conviction.  This would not only prohibit our client from watching any League Football for three years, but would have caused inconvenience whenever the England Team played abroad.  He would have had to surrender his passport in advance of any such game.

The prosecution guidance in relation to prosecuting football related offences can be found here.

Fortunately, one of our football law lawyers, Jim Buckley, was able to secure an acquittal at trial. In cross-examination the arresting officer accepted that in amongst a crowd of 28,000 people at a distance of 12 metres away he could not rule out having misheard the alleged abusive word.

A moral to draw may be not to shout anything that could be misinterpreted as abuse when at a football match.  If you make that mistake, don’t compound it by failing to seek free and independent legal advice in police interview.

Instruct an expert in defending football offences

You can read more about our football offence lawyers here.

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.