Category Archives: News

There has been much ado in the press about police forces undertaking random checks on motorists and revoking licences at the roadside on the basis of a vision test. So, what are their powers?

Can the police stop me?

Under section 163 of the Road Traffic Act 1988 a police officer in uniform has the power to require a driver of a vehicle on a road to stop.  It is an offence to fail to comply with such a request.

Does the officer have to be in uniform?

To use this power the officer has to be in uniform. There is a common law power, however, for an officer not in uniform to request a vehicle to stop although there would be no penalty for failing to comply.

What is the law about vision and driving?

You must be able to read a registration plate from 20 metres (approximately five car lengths). It is an offence to drive with uncorrected defective eyesight.

Can the police ask me to do a roadside eye test?

You could be asked to undertake the test voluntarily. Otherwise, there must be a suspicion that you may be guilty of driving when you cannot comply with the vision test requirement. If the officer does suspect, you can be required to submit to a test.

Section 96 of the Road Traffic Act 1988 provides this power. The test can be carried out between 8am and 9pm, only in daylight.

What if I refuse to do the test?

If the officer has a reasonable suspicion that you have been driving while your eyesight is such that you could not pass the test and you refuse to do so, you are committing an offence.

What could happen?

Failing to stop for a police officer, under section 163, can be punished by a fine.

Driving with uncorrected defective eyesight or refusing to submit to a test of vision carries a fine, discretionary disqualification and an obligatory endorsement of three penalty points.

What about my licence, can it be revoked?

If you fail a vision test at the roadside, or fail to comply, the police can immediately report this fact to the DVLA.

There is a fast track system whereby a decision to revoke your licence can quickly be made, such a decision taking place within hours. Once your licence is revoked, it will be not be returned until you can demonstrate that your eyesight meets the required standard.

Your licence being revoked will not prevent a prosecution for the offences outlined above.

Why is the police vision test in the news?

The power for fast-track revocation has existed since 2013. The power is now being widely reported as three police forces have announced their intention to undertake such checks at the roadside, this may be extended nationwide.

Based on a study by the Association of Optometrists it is estimated that some 1 million people in the UK are driving illegally. RSA Insurance estimates that eyesight problems cause nearly 3000 casualties per year on the UK roads.

The police forces involved in the initiative have said that they will be gathering data as to the extent of any issues. Potentially, this could lead to a further mandatory vision test at some stage after the practical driving test.

Speak to an expert motoring law solicitor

We are experts in road traffic law and can advise you if you are facing investigation or prosecution. To discuss any aspect of your case please contact your nearest office.

Alternatively you can use the contact form below.

Category Archives: News

Do I have a right to bail?

This article refers to the position relating to the right to bail for adults.  The situation in relation to youths is different.

As an adult, the starting point is that you have a “right” to be granted bail. This right can only be taken away in certain circumstances. These circumstances are where the court has substantial grounds to believe that if you were granted bail you would:

• Fail to surrender;
• Commit further offences on bail; or
• Interfere with witnesses

In some rare instances bail can be denied for a defendant’s own protection or welfare.

What if I am already on bail?

 If you are charged with an offence alleged to have been committed whilst on bail, then you do not have this automatic right to bail.

In that case you do not have to be granted bail, but you can still be if you persuade the court that you will not fail to surrender, commit further offences or interfere with witnesses.

If you appear in court following a failure to surrender at an earlier hearing you also lose the automatic right to bail.

Does it matter if I am a drug user?

 If you have tested positive for class A drugs and refuse to co-operate with treatment you may not be granted bail unless the court is satisfied that there is no significant risk of an offence being committed whilst on bail.

Will I have conditions on my bail?

The court can grant bail unconditionally or they can impose bail conditions if they are satisfied that those conditions are necessary to address any risk that you would fail to surrender, commit further offences or interfere with witnesses.  Any conditions imposed have to be both necessary and proportionate.

Examples of bail conditions that are often imposed are:

• curfew
• residence
• not to contact named witnesses
• not to go to a specific area
• reporting to the police station

You or a person on your behalf could also agree to pay money into the court which would be forfeited if you subsequently failed to attend court.

What if the offence isn’t serious?

 You should be granted bail if there is no real likelihood of a prison sentence if you plead guilty or are convicted. As always there are exceptions to the rule. You may still find yourself in custody if the court is satisfied there are substantial grounds for believing that you would:

Commit an offence while on bail by engaging in conduct that would, or would be likely to cause-

• physical or mental injury to an associated person; or
• an associated person to fear physical or mental injury.

Commit further offences if the offence was committed whilst on bail;

Fail to surrender, if you have previous convictions for this;

If you have been arrested for breach of bail for this offence and there is a fear of failure to surrender, further offences or interference with witnesses.

Non-imprisonable offences and bail

If you are charged with a non-imprisonable offence you can only be denied bail if you have previously failed to surrender and there is a belief you would do so again or following a breach of bail.

Are there any other reasons I could be kept in custody?

You can also be kept in custody for your own protection or if you are already a serving prisoner.  Also, if there is insufficient information to decide about bail you can be kept in custody for the purposes of obtaining that information.

The magistrates do not have the power to grant bail for anyone charged with murder or treason.  For an offence of manslaughter, rape or a serious sexual offence where there is a previous conviction for one of these offences you can only be granted bail if there are exceptional reasons to justify it.

Contact a criminal law specialist to discuss bail

This article is intended to be an overview of the law and does not cover all potential issues that can arise.  Neither does it discuss the best way to present an application for bail, nor the information that may need to be gathered to ensure your best bail application is made to the court.

To be able to put forward the strongest argument for bail you should be represented by an experienced solicitor.  We will be pleased to accept your instructions.  The contact details for your nearest office can be found here.

Alternatively please you the contact form below.

Category Archives: News

While many will agree that the Criminal Justice System is not necessarily the most appropriate place to deal with those suffering from mental health difficulties.  Unfortunately, there is, sadly, a regular overlap between the two.  As a result we need to have particular skills to represent vulnerable defendants.

This means that the staff across our offices have experience of dealing with those who are vulnerable defendants, and are experienced in gaining our clients’ trust to be able to assist them throughout the court process.

During his years as a criminal defence solicitor, Chesterfield crime solicitor Ben Strelley has represented many vulnerable individuals before the court.  His manner means that he has the ability to engage with clients whatever their difficulties to gain their trust.

Here is a recent example of his representation in a case that required sensitive handling.

Assault allegations against a vulnerable client

Ben’s client was an inpatient at the Hartington Mental Health Unit in Chesterfield.  She faced two accusations of common assault.  The complainants were two of the nurses caring for her.  She faced a separate charge of causing damage at Derby hospital prior to her arrival at the unit.

Our client had no recollection of any of the incidents.  She did, of course, accept that in these circumstances the staff had no reason to lie.  In circumstances where a client had no such vulnerabilities then the case would normally involve straightforward advice to plead guilty.  The evidence was strong and there was no defence to advance.

In the circumstances of this case, however, it was important for Ben to make further enquiries as to his client’s mental health at the time of the incident.  It may be that this could afford a defence, or significant mitigation, or allow him to make representations that the prosecution is not in the public interest.

Ben investigated this aspect of the case with the prosecution.  He was then provided with a medical report from a relevant doctor who confirmed that she did have the necessary capacity at the time of the assault allegations.  The report was silent about her health at the time of the criminal damage matter.

As a result, Ben advised his client to plead guilty to the assaults.  He was able to negotiate with the prosecution to drop the criminal damage charge.  Bearing in mind the other pleas that prosecution was no longer in the public interest.

Sentence following guilty pleas

Normally an assault on a member of NHS staff while at work is likely to result in, a the very least, consideration of a prison sentence.  Ben was of the view that the unique circumstances of his client’s health were such that the court ought to be of significant importance upon sentence.

In the end the Magistrates agreed with Ben.  Rather than a prison sentence or community order his client received a small fine and was ordered to pay some compensation.

Ben’s client was delighted at this outcome because it meant that she would be able to continue with her treatment in the community with the aim of overcoming her acute mental health difficulties.

Instruct a criminal solicitor specialising in vulnerable defendants

Case such as this demonstrates the importance of instructing a solicitor who has compassion, patience and communication skills to achieve the best outcome for vulnerable defendants.

In this case, Ben had to gain the trust of his client, speak to the prosecution about the strength of the evidence, and then persuade Magistrates to depart from the usual sentencing guideline for cases such as this.

You may wish to consider other reasons why you might want to instruct VHS Fletchers over other firms of solicitors.

If you or a family member or friend are in the position of being spoken to by the police as a result of an alleged incident involving medical staff then you can contact your nearest office here.

Alternatively you can use the contact form below:

Category Archives: News

Despite very late contact with his client, accredited police station representative Rob Lowe was still able to provide free police station advice to secure a restorative justice outcome rather than a police caution.

Negotiation with police under legal aid scheme

Rob was called by a client who had already been interview in relation to allegations of affray and assault occasioning actual bodily harm.  Unfortunately, he had chosen not to seek our free and independent legal advice at that stage.

It appeared that he had made admissions to the assault in this police interview. He had been released under investigation but the police had contacted him some time later as they intended to give him an official police caution to end the matter.

Unfortunately, our client’s work involved him being a frequent visitor to the United States of America.  Understandably he had concerns that a caution might prevent him form getting into the States in the future.  As a result, he was reluctant to accept the caution.  He also raised an issue that he perhaps had not made admissions and had told the police that the complainant was the aggressor.

Rob travelled to Sheffield from our Chesterfield office to go to the police station with his client.  This allowed him to speak to the police officer dealing with the case to determine whether a police caution was an appropriate way to deal with the case.  Was the evidence there to support the offence?  Had his client actually admitted the offence?  If there was an admission was a restorative justice option available instead of a police caution?

Having spoken to the officer, Rob concluded that the police officer was acting appropriately by offering a caution.  There was evidence from the complainant and photographs of injuries.  His client had made an admission to an assault, albeit on a limited basis.

Restorative justice outcome negotiated

Instead of simply accepting the caution, Rob was then able to make successful representations that he case be dealt with by way of a restorative justice disposal.  This was agreed by both the client and the complainant in the case.  The outcome simply involved our client keeping away from the complainant.

This outcome meant that our client did not receive a criminal record and does not need to worry about future business trips to America.

Speak to a specialist police station adviser for free

As we have a contract with the government to permit us to provide expert legal advice and representation under the legal aid scheme.  This means that our advice in the police station will always be free of charge to you in the police station.

There are many advantages to seeking advice in the police station and you can read about those here.

Read more about the benefits of instructing our solicitors and litigators here.

You can find your nearest office here.  All of our phone numbers are answered 24 hours a day, 7 days a week, to allow you to seek our expert advice when you most need it.

Alternatively you can use the form below.

Category Archives: News

While many will have spent the summer having holidays and day trips out with the family, our solicitors and police station representatives at our Chesterfield office have been taking their own day trips out of the town to provide legal advice and representation.

Unfortunately, these have not been to the seaside to enjoy an ice cream but to ensure that our clients who live local to Chesterfield receive advice and representation from lawyers that they know and trust.  We often a nationwide service at both the police station and courts.

Countrywide legal advice and representation

The following are amongst the places recently visited by staff from our Chesterfield offices:

• Buxton Police Station
• Harrogate Police Station
• York Magistrates Court
• Manchester Magistrates Court
• Staines Magistrates Court
• Sheffield Magistrates’ Court
• Boston Magistrates Court
• Lincoln Crown Court

All of our Clients involved in the police investigations or cases before these courts had links to the Chesterfield area.

Their first priority was to have a solicitor local to them for ease of providing instructions rather than local to the police station or court they had to attend.  They wished VHS Fletchers solicitors to deal with their case on the basis of previous dealings with our expert criminal solicitors or because they had been referred to us.

It was important to them to have a solicitor or accredited police station representative that they could trust.

When we were contacted by these clients we were only too happy to travel to provide them with the service that they wished.  Our clients faced a range of offences, including

• assault
• theft
• criminal damage
• breach of court orders

Advice on your case under the legal aid scheme

As we have a contract with the government to permit us to provide expert legal advice and representation under the legal aid scheme.  This means that our advice in the police station will always be free of charge to you in the police station.

There are many advantages to seeking advice in the police station and you can read about those here.

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

You can read more about these types of legal aid here.

In the cases at the police station or the courts set out above, all of our clients had the benefit of free legal advice.

Instruct criminal defence solicitors who will go the extra mile for you

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.

Read more about the benefits of instructing our solicitors and litigators here.

You can contact our Chesterfield office for emergency advice day or night, 365 days a year on 01246 387999.

Alternatively you can use the form below.

Category Archives: News

In recent years legislation has been enacted to ensure that crimes demonstrating a hostility towards certain groups of people are treated more seriously than before.  If an offence is said to be racially aggravated, then you should expect a more significant sentence if convicted.

What does it mean for an offence to be racially aggravated?

An offence is racially aggravated if, at the time of the offence, you demonstrate toward the victim hostility based on his membership of a racial group or the offence is motivated by that hostility.

So, shouting racist abuse or making racist comments will make an offence racially aggravated.  An offence will also be deemed racially aggravated where no comments are made but the offence is committed against someone because of their race.

Offences as a result of hostility toward a religious group, rather than due to race, are treated in the same way.

The fact that the victim may be indifferent to any abuse is irrelevant to whether the offence is racially aggravated.

It is also irrelevant if the reason for the offence was unrelated to race. For example, abusing a doorman because he wouldn’t let your friend into a club in combination with racist language will be sufficient.

How does it affect sentencing?

Each offence in law has a maximum sentence attached to it.  For offences that are racially aggravated that maximum sentence is increased. For example, common assault carries six months imprisonment but the racially aggravated offence increases the maximum sentence to 2 years.  For assault occasioning actual bodily harm the maximum sentence increases from 5 to 7 years.

The starting point is to consider the sentence that would have been imposed for the offence if it was not racially aggravated after consideration of all the other aggravating or mitigating factors in the case.

The sentence will then be increased to take account of the racial aggravation.

The extent of the increase in sentence will depend on the level of aggravation. The court will consider whether the offence was:

• planned
• part of a pattern of offending
• deliberately set up to be humiliating to the victim
• committed in the victim’s home
• repeated or prolonged

Account will also be taken of any distress caused to other persons or the wider community and whether the offender was a member of a group that promotes hostility.

Does it have to be charged as being racially aggravated?

 Even if the offence isn’t specifically charged as being racially aggravated the circumstances can be treated as an aggravating feature in sentencing (O’Leary [2015] EWCA Crim 1306).

How can a criminal law specialist help?

As you can see such offending is treated seriously by the courts so it will be important that you seek early advice from a criminal law solicitor.

As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

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.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

Category Archives: News

If you have provided a statement for the prosecution or for the defence you may be called as a witness in court to give evidence at the defendant’s trial.

Is there help available for me as a witness in court?

The Witness Service can provide assistance for any witness who has to attend court. This support can be both practical and emotional. They can provide information about the court process, show you the courtroom prior to the trial and assist with any expenses claim.

If you are a prosecution witness the Crown Prosecution Service witness support unit will be in touch with you and will provide contact details for witness support. If you are a defence witness the solicitor representing the defendant can provide you with support and also provide the contact details for the local witness service.

What happens at court?

 When you attend as a witness in court, you can sit in a separate witness room rather than the general waiting area if you wish. You will be spoken to by the prosecution or defence lawyer, as appropriate, before the trial starts.

Will I be told what to say?

 Whilst the lawyer will be able to provide you with information on trial procedure, layout of the court and the roles of those involved they cannot “coach” you on the evidence you will give as a witness in court. There are very strict rules about training witnesses because this could have a potentially negative effect on your evidence.

Can I read my statement?

You will be provided with a copy of your statement prior to the trial so that you can read through it before you give evidence. You will not usually be allowed to have it with you when you give evidence though. If the rules of evidence allow, you may be able to refer to your statement during evidence in order to refresh your memory.

Can I speak to any other witnesses?

 If there are a number of witnesses, you will not be allowed to communicate with anyone who has given evidence while you are still waiting to do so.

If you are a defence witness, you should also not discuss anything about the trial with the defendant once the trial hearing has started.

The prosecution and defence lawyers are not allowed to discuss any evidence that has been given with you before you give your evidence.

What happens in court?

You will be called into court at the appropriate time and asked to swear on a holy book or affirm that you will tell the truth. You will then be asked questions by the prosecutor first if you are a prosecution witness and then by the defendant’s representative, or vice versa if you are a defence witness. If the defendant is not represented, you may be asked questions by a court appointed lawyer in his place if the court do not feel it is appropriate for him to ask you questions directly.

Once you have finished giving evidence you may be released from court or you can stay in the public gallery to watch the remainder of the trial.

I’m really worried, do I have to attend court?

 If you think that you would benefit from “special measures” such as screening from the defendant or giving evidence from remote video link you should contact the prosecution, defence solicitor or court as appropriate.

A witness summons can be issued if the court is aware you do not want to go to court.  This is something that you should speak to a solicitor about. If you fail to attend court in answer to a witness summons, then you may be arrested and brought to court.

Contact a criminal law specialist about being a witness in court

It may be that you have given a witness statement to the police and received a witness summons.  Alternatively it might be that you are thinking of doing so but worried about the potential consequences.

You might have provided our office with a statement in respect of one of our clients, or are considering doing so and want to discuss this further.

Contact your nearest office or the office preparing the defendant’s case to discuss any of the matters further.

Alternatively please use the contact form below.

Category Archives: News

If you have found this article through an internet search then it is likely that you are one of many thousands of people who have been interviewed by the police under caution and then released under investigation.

It may be that you are having to search for an explanation because several weeks, or months, or even a year have passed and you have not heard anything from the police.  You might not know or be confused about what will happen now that you have been released under investigation.

What does released under investigation mean?

If this has happened to you then it should mean that any police investigation into your alleged behaviour is still ongoing.  The police should intend to notify you of the decision as to whether or not you will be prosecuted at some point in the future.

Often the effect of being released under investigation is that suspects will find that their lives are put on hold in many ways.  It might be that the original allegation is a serious one so it is hard to get on with your life as normal.  Your studies or career might be suffering while you are released under investigation due to a lack of knowledge of what is happening.

You might not know when property such as telephones or computers are to be returned.  Potential witnesses might be waiting to see if they will be spoken to by the police.

Until you hear from the police it will be hard to put the matter to the back of your mind and impossible to forget about it, even where you know that you were not in the wrong.

Why am I not given a fixed date?

Previously suspects in a criminal investigation were likely to be released on bail to return to the police station so that a decision on charge or further interviews could take place.

Adverse publicity of cases where suspects were on bail for what could be years meant that the system was reviewed.  The system created inconvenience where people would have to return to the police station many times only to find nothing was to happen and their bail was extended.

Police bail is now only used in a limited number of cases.  The ability to keep suspects on police bail for long periods is now overseen by the courts.

Unfortunately, the change to the law on police bail has meant that it has been replaced with an equally unsatisfactory system where the police don’t even provide the milestones that bail dates would give to permit a review of the investigation.

Will the police keep you informed of developments?

For those who have been released under investigation it is unlikely to be enough to hope that the police are carrying out a thorough and effective investigation into the allegations

It is often impossible to tell whether any delay is due to the investigation or because other cases have been prioritised by the officer in your case.

Instruct a criminal law solicitor to represent your interests

Even if you were interviewed without a solicitor before you were released under investigation it is still not to late to contact us for our help.

We will keep in regular contact with the police to make sure that they are continuing to investigate your case.  We will try and help you with a timetable for when certain steps will be taken and when the investigation is likely to conclude.

This may be of particular importance where the police are having items subject to forensic testing or having computers or mobile phones analysed.  This can take a long time, particularly in complex or serious cases.

We can help negotiate the return of property to you if it is no longer relevant to the investigation.

Having us instructed at that stage will mean that where further interviews under caution are to take place we will be able to arrange them at a time convenient to you and your solicitor.

Can I change solicitors once I’ve been interviewed?

If you had the duty solicitor in your first interview then VHS Fletchers will be able to represent you in any subsequent interview under caution and that advice will remain free of charge to you under the legal aid scheme.

If, however, you had selected your own solicitor but now wish to change to VHS Fletchers then you may have to pay privately.  Contact us and we will advise you as to that aspect of the case.

What should I do now?

With any criminal investigation it is always important to instruct a criminal solicitor from the outset.  Our advice will be free of charge to you and we are entirely independent from the police.

The advantages of seeking legal advice in a police interview under caution can be found here.

Our police station solicitors and accredited representatives are on call 24 hours a day, 7 days a week from our offices across the East Midlands to provide you with advice when you most need it.

The contact details for your nearest office can be found here.

If you are arrested and do not have the time to contact us before you are taken to the police station ask the custody staff to phone VHS Fletchers.

You can also contact us by using the form below:

Category Archives: News

If you are suspected of driving with excess alcohol in your body, you may be asked to provide a breath sample at the roadside. If that sample is positive, you are likely to be arrested and take to the police station.  Failing to provide a breath specimen may mean you commit a separate offence.

Why do I have to provide another specimen at the police station?

 Once at the police station you will be asked to provide an evidential sample of breath, the sample taken at the roadside is just a preliminary test to see if you are over the limit.

But I wasn’t over the limit or driving!

 It is crucial to note that the fact you were not driving does not mean that you can refuse to provide a sample of breath, nor does it matter if you weren’t over the limit.

If the police have reasonable grounds to suspect that you were driving and you refuse, so failing to provide a breath specimen without good reason, you may be guilty of the offence.

 What if I can’t provide a breath sample or the machine is broken?

 If it is accepted, for whatever reason, that you cannot provide a breath sample, you will be asked to provide a sample of blood or urine.

Failure to provide the requested sample without good reason is an offence. Which sample is requested (blood or urine) is at the officer’s discretion and is not for you to choose.

What if I wasn’t warned?

 You have to be warned that failing to provide a breath specimen or other sample is is an offence.  If the warning is not given this may be a bar to conviction.  As a result it is important that you seek early legal advice.

 What is a refusal?

 A straightforward refusal , or not trying hard enough constitutes a refusal and the offence of failing to provide a specimen of breath.

The taking of a sample cannot normally be delayed for you to be given legal advice although the police may allow that to happen.

Examples from cases where reasonable excuse has not been found include the following:

• a desire to see a doctor
• the illegality of detention
• mistake
• religious belief
• the sight of blood
• stress.

Is there a defence to failing to provide a breath specimen?

It is a defence to show that you had a reasonable excuse for failing to provide a breath specimen. A medical reason such as asthma or a genuine needle phobia could constitute a reasonable excuse.

What is the sentence on conviction?

 A conviction will result in a mandatory driving disqualification of at least 12 months and is often in the region of 18 months or longer.

If you have a previous conviction in the last ten years for a drink or drug driving offence, the minimum disqualification will be three years.

As well as a driving ban you could be fined, given a community order or sentenced to up to 6 months in prison.

Will it different if you were not driving?

 If you were suspected of being in charge of a vehicle before failing to provide a sample rather than driving, the penalty is different.

You may still be disqualified, but if the court chose not to, they would impose ten penalty points. The maximum prison sentence for this offence is three months.

Instruct an expert motoring law solicitor

As you can see, a conviction for failing to provide a breath specimen can have serious consequences and the law relating to defences can be complex.

As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

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.

An example of how we have defended a case recently can be found here.

We made representations to have a prosecution discontinued in this case.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

Category Archives: News

Clients of Newark criminal advocate Nikki Carlisle recently enjoyed a successful week following her representation including representation of a defendant under a section 38 appointment.

Section 38 Appointment in domestic violence allegations

Nikki was appointed by the court to represent a defendant under section 38 Youth Justice and Criminal Evidence Act 1999.  This procedure protects vulnerable witnesses from questioning by those said to have perpetrated offences against them.

In this case the person represented by Nikki faced allegations of common assault, criminal damage and resisting arrest.

The limitations of a section 38 appointment mean that Nikki was only appointed in relation to the allegations of common assault and criminal damage.  These were the matters that the vulnerable witness would be giving evidence about.

Although Nikki owed a duty to the defendant he was not her client in the usual understanding of that term.  As a result, Nikki’s involvement was limited.

• she could only ask questions of the single witness in relation to the two charges
• she was unable to question the officer about the remaining charge
• she did not assist the defendant in giving his evidence in chief through questionin
• the defendant did not have the benefit of her giving a closing address to the Magistrates.

Nikki was able to question the witness in some detail, exposing inconsistencies and parts of her account that simply didn’t make sense.  No doubt in great part due to this questioning under the section 38 appointment he was found not guilty of both of these allegations.

The defendant was convicted of the allegation of resisting his arrest.  It is impossible to speculate whether Nikki’s representation could have made a difference to that verdict as well.

This defendant had been given the opportunity to come into the office to provide instruction so that an application for legal aid could have been submitted.  He did not keep that appointment.  As a result our involvement was limited.

Had he applied for and been granted Magistrates’ Court legal aid then Nikki’s representation would have been free of charge to him and she could have undertaken all of the work in court set out above, as well as any other preparation needed by the case.

Acquittal following trial for domestic violence allegations

Later in the week, Nikki then represented a client under the Magistrates’ Court legal aid scheme.  He faced two allegations of assault and one of theft, all within a domestic setting.

Again, Nikki’s questioning exposed important inconsistencies in the accounts that she had given to the police and the court.  The assaults that she described did not agree with the injuries that she said she had received.

The witness also changed her account between making her first complaint and giving evidence in court and no satisfactory explanation was forthcoming.

The case was further complicated by comments that Nikki’s client made while giving evidence that the prosecution argued amounting to an attack on the character of the witness.  As a result an application was made to have previous convictions of our client taken into account when a decision was made as to his guilt.  Nikki successfully argued that this evidence should not be admitted.

Following Nikki’s closing speech to the court her client was found not guilty of all three allegations.

Shop theft allegations discontinued prior to trial

Nikki was due to represent another client at trial under the legal aid scheme.  It involved two allegations of shop-lifting.  The issue in the case was whether there had been a lawful identification of her client as the person responsible for the offending.

She had raised in  writing the alleged breaches of the code of conduct relating to identification.  She repeated the requests for disclosure that would demonstrate that the identification was lawful or a concession that it was not.

In the event, she received a notice of discontinuance.  If would perhaps be fair to infer that the the identification procedure had not been conducted in accordance with the law.

Of course, without the benefit of Nikki’s advice and representation the prosecution might not have been put on notice that there were irregularities with the identification procedure.  The outcome for her client might have been very different.

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