Category Archives: News

Nottingham criminal duty solicitor Jameel Malik represented a client before Nottingham Magistrates’ Court who faced trial for failing to provide a specimen of breath for analysis.

Our client’s vehicle found abandoned

Police officers had found an empty vehicle in a ditch.  They had carried out investigations and discovered who the vehicle belonged to.  The vehicle was owned by Jameel’s client so the police visited his address to speak to him.

The door had been opened by our client who was asked to provide a breath test, the officers having reasonable cause to believe that he had been driving whilst under the influence of alcohol.  Jameel’s client refused.  He stated that this was because he had a medical condition that prevented him providing a sample.

Because of this, the officer made further enquiries and asked our client to make further disclosure of his symptoms.  The police officer was provided with excuses that included poor mental health and depression.  He had suffered a broken neck in the past and had something lodged in his throat.

Our client admitted that the vehicle was his, he had driven into the ditch and could not get out, and having walked home had then drunk a large amount of red wine.

The officer continued to warn the suspect that if he failed to provide a specimen of breath for analysis then he would have no choice but to arrest him for failing to provide a specimen for analysis.  Eventually, the office’s patience ran out and our client was arrested and taken to Newark police station.

Medical reasons given at the police station

Unsurprisingly, at the police station, our client was requested to provide a specimen of breath on the machine at the police station.  Again, our client provided a list of reasons why he could not when asked whether he had medical reasons.  He talked of breathlessness, severe panic attacks and anxiety, as well as other medical conditions.

Jameel’s client made two attempts to provide a specimen of bread for analysis.  On both occasions they registered as a fail because he had not blown hard enough.  The officer believed that the failure to provide had been deliberate.  Our client was also seen by a medic while in custody who offered the opinion that there was no medical reason for failing to provide a specimen.

Finally, having been charged with failing to provide a specimen at the police station, our client was asked to provide a specimen to check that he was under the limit to drive.  He successfully did so, into a handheld device.

Client account supported by medical evidence

The issue for trial was whether our client had a reasonable excuse for failing to provide a specimen for analysis in the police station.

During the trial, the Magistrates heard evidence from the officer who carried out procedure at the police station.  Jameel questioned him as to why he had not given his client the opportunity to provide blood or urine as an alternative to breath.  Footage from a body worn camera was available, as was CCTV from the custody suite.

Jameel’s client then gave evidence as to his reasons for not providing.  A psychiatrist also provided evidence about his mental state.  He had, in fact, been suffering from anxiety all his life.  When placed in the situation he had been in at the police station and asked to provide a sample of breath his anxiety levels increased, with his mental state influencing his ability to provide a specimen of breath.

Not guilty of failing to provide a specimen

After hearing all of the evidence and Jameel’s address to the court, the Magistrates were persuaded by the evidence and his argument.  Jameel’s client was found not guilty of failing to provide a specimen.

Contact a motoring law solicitor

If you face an allegation of failing to provide a specimen for analysis, or any other road traffic offence, you will want to instruct a specialist.  Jameel can be contacted at our Nottingham office on 0115 9599550.  We have experts at all of our other offices as well.

Contact details for all of our offices can be found here.

Alternatively you can use the contact form below.

Category Archives: News

If you are over 17 years of age, the easiest answer to the question ‘will my name appear in the press?’ is that yes, it could. These days, press reporting via social media can happen very quickly.  It is often one of the things not thought about by those facing criminal proceedings.

Proceedings before the Youth Court

Anyone aged 17 or under will generally first appear in the Youth Court. There are strict rules that prevent the publication of the name, address, school or any other matter likely to identify a person under 18 who is a victim, witness or defendant in a youth court.

This restriction can be lifted in certain circumstances.  If you instruct is then we will be able to advise you and oppose any such application on your behalf if appropriate.  If a youth appears in an adult court the prosecutor will apply for an order to prevent the naming of a youth.

In civil proceedings,however, such as in applications for anti-social behaviour injunctions, reporting restrictions do not apply.

Can I receive anonymity or will my name appear in the press?

There is an automatic reporting restriction that prevents the identification of any teacher who is alleged by a pupil at the same school to have committed a criminal offence against the pupil. This restriction ends when the teacher is charged or summonsed to court and can be varied or lifted.

Victims of sexual offences and a limited number of other offences have lifetime anonymity.  In these cases the answer to the question ‘will my name appear in the press?’ is no.

Reports of certain hearings at court may only include the name of the defendant and the offences he faces. This includes allocation and sending hearings in the Magistrates’ Court and preparatory and pre-trial hearings in the Crown Court.

Once a trial is underway, you should expect to see reports of the entire proceedings, unless a Judge orders otherwise.  Of course, whether of not the case is reported may well depend on the nature of the case and the competition for other stories in the media at that time.

Discretionary reporting restrictions

Although an application may be made to restrict reporting of a defendant’s name any discretion has to be considered with care.  Such restrictions are not common in court proceedings.

An example of where an application may be appropriate is for a defendant who is in the witness protection programme.  This has been used recently in relation to John Venables, the killer of James Bulger.

For proceedings that are not in the youth court, there is a discretion to impose reporting restrictions in respect of a victim, witness or defendant under the age of 18. The court would need to be satisfied that the welfare of the child outweighed the strong public interest in open justice. There is a similar discretion for adult witnesses if their evidence would suffer if they were named as a witness.

Will the press be in Court?

Members of the press can sit in on hearings in any court, including the youth court, unless they are specifically excluded.  Such a course would only be in rare and particular circumstances.

The general principle is that justice should be open and administered in public. Even if the press is not present, this does not mean that your case will not be reported.

Local reporters sell stories to other newspapers, so do not assume that just because you appear before a court away from where you live, your own local press will not be aware of it.

How we can assist

The law in respect of reporting restrictions is complicated, and breach of a restriction is a criminal offence for individuals as well as members of the press. This article is intended to give only a very brief overview of the issues involved.

Press reporting is one of the issues that you need to consider early on in the criminal process, particularly if your case is likely to attract publicity.

You will need to consider the effect that the proceedings may have on others, particularly children, and how you might deal with that.

If you need any advice answering the question ‘will my name appear in the press’ or if you have any concerns or simply want to discuss any aspect of your case please contact your most convenient office.

Alternatively you can use the contact form below.

Category Archives: News

Newly qualified regulatory solicitor Elliott Moulster, based at our Ilkeston office spent a period pre-qualification on secondment to Nottingham Law Centre.

You can read more about his placement here and here.

Elliott was certainly kept busy during the final two weeks of his placement.  During his time there he had become a valued member of the Law Centre’s Welfare Benefits Department.

He continued to progress a significant number of welfare benefits cases.  Elliott was now in a position to provide advice to many vulnerable clients who required assistance.  There were plenty of calls to be made and letters to be written to the DWP,  This was combined with his attendance and assistance at community events.

Housing Law Duty Scheme

In addition to continuing with the valuable welfare benefits work, Elliott also had the opportunity to experience some housing law.  He attended Nottingham County Court with one of the housing solicitors, Anne Downey who was undertaking work under the Housing Duty solicitor scheme.  Elliott was impressed how, much like a criminal duty solicitor,  Anne was able to provide detailed and accurate advice in a very short period of time.

Since Elliott was given the above opportunity, he also spent a great deal of time familiarising myself with various aspects of housing law. This included

• court procedure
• the eviction process, and
• possible defences to eviction.

Elliott’s most memorable piece of work happened on his very last day at Nottingham Law Centre. The Housing Department had a case in which they had to prove a defendant’s right to reside in the UK. Elliott drafted submissions to the court as to the individual’s right to reside.

This work followed similar submissions that Elliott had made on the topic to the Social Security Upper Appeal Tribunal.  In that case his representations had been approved and appreciated by the judge due to them being accurate but concise. Although the nature of the work is such that instructions are received at the last minute, he was able to prepare and deliver the submissions in the nick of time.

A big thank you to Nottingham Law Centre

In conclusion, Elliott had spent a fantastic time at Nottingham Law Centre.  The spell complimented the training in criminal law that he had received in our regulatory and criminal law departments.   He learnt a great deal and developed a number of transferable skills.

Elliott has no have no doubt that this experience will benefit him as he begins his life as a solicitor. The partners of VHS Fletchers are very grateful to supervising solicitor Sally Denton and all at the Law Centre for making the experience so rewarding.  Particular thanks must go to Diana Bagci who was a wonderful supervisor.

Although Elliott’s time at the Nottingham Law Centre is over, this won’t be goodbye.  Elliott is already a team member for the Nottingham Legal Walk on 10 May.

Read more about that and give generously here.

Category Archives: News

It may be an offence to fail to provide information as the identity of a driver when you receive a written request for driver information from (or on behalf of) the police. If you are convicted then you face a hefty fine as well as 6 penalty points.

How long do they have to make the request?

 Any request for driver information must normally be served within 14 days of the offence being committed. There is case law, for example,  where because of a  postal strike delivery of the request for driver information was delayed beyond the 14 days an offence had not been committed where there was a failure to respond.

If you receive a request for driver information and have any doubt as to whether the notice was served within the requisite period then please contact us immediately for further advice.  For example, in some circumstances, a valid request can be made after the 14 day period.  Do not ignore a request simply because you believe it to be out of time – always seek urgent legal advice from one of our motoring solicitors before you make any decision.

How long do I have to reply?

 From the date the notice is served you have 28 days to reply, or “as soon as practicably after the end of that period”.

Is there a right against self-incrimination

 A number of case have dealt with this issue.  Simply put, it doesn’t matter.  The requirement to identify the driver does not affect your human rights. The court has said “those who choose to keep and drive a car can be taken to have accepted certain responsibilities.”

Those responsibilities include the obligation to provide information upon request as to the driver of the vehicle on any occasion.

What if I really don’t know who was driving?

If you genuinely do not know who was driving it may be that you have a defence to an allegation of failing to answer a request for driver information.

The defence is that you “could not with reasonable diligence have ascertained who the driver of the vehicle was”.  As a result, for this defence to succeed, you will have needed to make all reasonable enquiries to find out who the driver was.  You will also need to reply to the request, providing what assistance you can.

In such circumstances it is best to seek early legal advice.  A recent case involving the former politician Lord Howard, has opened up a number of interesting legal arguments.

I did not receive the request for driver information and now I have been summonsed. What do I do?

You may have a defence to the allegation. Please contact a motoring law solicitor at your nearest office for further advice.

What if I provide false information?

It can be tempting to name a spouse, or even someone abroad, in the hope of avoiding penalty points. To do so would amount to the offence of perverting the course of justice.  This will almost always result in an immediate prison sentence.

We have provided more information about this here.

Companies

 It will be a defence for a company to show that there was no record kept of the driver and that this failure to keep a record was reasonable. The notice can be served by sending it to a secretary or a clerk, at the registered or principal office.

Although It may seem obvious, a company cannot be given penalty points.  As a result, any penalty would be limited to a fine.

In certain circumstances proceedings can also be brought against company directors.  As a result a company cannot be used as a shield against prosecution for this offence. If your company operates a company car pool it would be wise to ensure that you have robust procedures in place in order to track vehicle usage or run the risk of a conviction for failure to answer a request for driver information.

Will I be entitled to Legal aid to defend this case?

Public funding may be available do defend any court proceedings, so if you have received a court date then please contact one of our expert road traffic lawyers for further information.

You can find out more information about legal aid here.

How our expert motoring law solicitors can assist

The law concerning a request for driver information can be complicated. This article is intended to give only a very brief overview of the issues involved.  As a result, if you have any concerns or simply to discuss any aspect of your case please contact your nearest offices.

Details can be found here.

Alternatively you can use the contact form below.

Category Archives: News

VHS Fletchers are pleased to sponsor Nottingham runner Naomi McArthur.  Naomi is to run her first full Marathon this year in London on 22 April to benefit the Help a Child Appeal.

In relation to the marathon itself, Naomi describes herself as:

 “excited and terrified in equal measure!”

National Justice Museum’s Help a Child Appeal

Her chosen charity is The National Justice Museum’s Help a Child Appeal.  This aims to help children to stay away from crime and understand and engage with their rights while living up to their responsibilities.

Naomi has described her motivation for completing the marathon for the charity:

“As a mum of three, living in the City of Nottingham, I wanted to support a charity which educates local children about the law, and encourages them to become law abiding citizens, and make positive decisions for their futures.” 

The money raised helps the charity to provide educational activities for children, who might not otherwise have the opportunity to visit the museum.

How will the donations be spent?

The funded activities will help broaden the horizons of the children who take part in the program.  They encourage self-motivation, self-confidence and engagement. Young people who attend will be able to develop a range of essential skills.

These include critical thinking, debate, presentation, research and analytical skills, as well as speaking, listening and communication skills.

Any donations can help children feel empowered to:

• Learn about the law
• Stay away from crime
• Make positive decisions
• Be more tolerant of others
• Develop aspirations for their future

In 2015/16 over 22 000 young people took part in one of the charity’s educational activities. With continued help, the charity aims to continue to reach out and provide opportunities for even more. Any donations made will have a direct impact on the children and young people that the charity works with.

Update

On Friday 23 February Naomi held a fund raiser at Suede Bar in Nottingham.

This was a great success, with a total of 115 tickets sold.  600 raffle tickets were also sold for a great array of prizes donated by individuals and local business.  After expenses an impressive total of

£1600

was raised for the charity.

Naomi had recovered sufficiently by the Sunday to take on a 16 mile run, enjoying the sunshine before the Beast from the East hit.

On Tuesday Naomi didn’t let the snow keep her indoors, and we have photographic evidence to prove it.

Unfortunately, Thursday‘s planned 18 mile run was frustrated by too much snow as the Beast from the East struck and schools were closed.  Instead Naomi took to the exercise bike.

We’ll post further updates when we have them.  Click on the links below to show your support (moral and financial).

Update 2 – 16 March 2018

Since we last updated you on Naomi’s progress towards the London Marathon she has undertaken a 16 mile run from East Midlands airport to Nottingham Castle.  Here she is contemplating a flight out of the country rather than doing the run.

158 people took part in the run.  The cause on this occasion was to raise money for the UK Bowel Cancer charity.

Here is Naomi at the finish.  With five weeks to go, she has an 18 mile run planned for tonight.

Naomi has also been asking people to guess her finish time with the incentive of a cash prize, with time ranging from 3:42:10 to ‘did not finish’.  It’s £1 a guess, and she’ll ask you when she sees you.

Update number three – 3 April

Naomi enjoyed her longest run ever in the sunshine on Sunday 25 March.  This was 22 miles along the Grantham Canal.  She was dropped off in Harby and left to run home!

Another 20 miles just 4 days later was tough going on her legs, so Naomi is very happy that it’s now time to taper off.  She is slightly disappointed that the taper is not a little more drastic as there is still over 100 miles to run, with two more long runs of 15 and 10 miles respectively as the date of 22 April approaches.

Update number 4 – 17 April

That’s it now, Naomi has completed her training.  The t-shirt has been printed.   Only five more sleeps to go.  Despite popping echinacea supplement and bingeing on oranges, “maranoia” has well and truly taken hold!

Naomi questions whether she will manage the last 4 miles that she hasn’t covered in training? Will her bad knee finally give way? Will she melt in the blistering heat of the hottest London Marathon in fifteen years?

423 miles have been run since January of this year, taking up 66 hours of her time.  Over £1700 has been raised so far for the for The National Justice Museum’s Help a Child Campaign.

Despite this, she remains as terrified as she was three months ago!

PS – Update 5 – 19 April

Naomi after 3 miles in the blazing sunshine this evening.  3 MILES in the EVENING!!! She’s wondering whether it’s too late to defer….

Follow the link to give to make this all worth while!

Update 6 – the day after

Despite it being her first marathon, and it being the hottest London Marathon on record, Naomi completed the race in an impressive 4 hours and 56 minutes.

We have asked Naomi for her comments on the day and she offers:

‘It was TOUGH! The hottest London Marathon on record (would you believe it after all that training in the snow, ice and rain?) and the heat really got to me. I felt unwell really early on, with nausea and dizziness from miles 5 and 6.

It was a mental battle of over 4 hours to reach the finish line from there! All ideas of achieving my dream time went out of the window and it just became a case of ploughing on until the finish line.

It was so HOT that I questioned whether or not I’d even make it to the finish line at all, but thanks to my running buddy and a great support team I did!  

I’m feeling proud but broken today, and very happy to have raised nearly £2000 for a great cause.’

Although Naomi has vowed ‘never again’ as she stumbled across the finish line, she is left wondering what she might be capable of in better conditions.

Its not too late to donate.  Follow the links below.

You can look back at Naomi’s progress towards the Marathon and her fundraising drive on her Facebook page here.

The link to make a donation can be found here.

Category Archives: News

There is a specific offence of dangerous driving, which carries a maximum prison sentence of 2 years.  If that driving is a cause of someone’s death, that maximum sentence unsurprisingly increases to one of 14 years.  A more recent offence of causing serious injury by dangerous driving was created in 2012 and carries a maximum sentence of 5 years in prison.

In each case there are minimum disqualification periods and very lengthy actual disqualifications which involve the passing of a mandatory re-test before a driver can return to the road.  Insurance premiums which will remain significant for many years to come, with some drivers unable to secure insurance at all, at any price.

What is dangerous driving?

Dangerous driving is defined by section 2A Road Traffic Act 1988:

“…a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(a) the way he drives falls far below what would be expected of a competent and careful driver, and

(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.”

There is also a further element of dangerous driving related to unsafe vehicles, although this is not within the scope of this article.

The test is an ‘objective one’ which means that it is not to be judged through the eyes of the actual driver but the eyes of a ‘competent and careful driver’.  As a result it, in any trial, it will be for a magistrate, District Judge or jury to decide on guilt.

The crucial part of the test is that the driving falls ‘far below’ the standard expected.  It is this aspect of the offence that, on occasion, makes advising in these cases such a highly skilled task.

In some cases it will be immediately obvious that the driving falls ‘far below’ the standard of a competent and careful driver.  For example, if a person is driving at 100 mph on the wrong carriageway of the motorway at night without lights, then there is no room for debate.

But some case are more difficult.  What if, believing that you have sufficient sight of the road ahead, you overtake only to hit an oncoming vehicle in the opposite lane. Would that fall into the category of driving ‘far below’ the standard, or it is simply an unfortunate error of judgement, and one that could perhaps be properly categorised as careless rather than dangerous driving?

No statutory definition exists of driving falling ‘far below’

There is no statutory definition of what is meant by ‘far below.’  Section 2A(3) of the 1988 Act states that “dangerous” must refer to the danger of personal injury or serious damage to property.

Case law also makes it clear that the driver’s particular skill or lack of is not relevant as set out in Bannister [2009] EWCA Crim 1571.

A full exploration of the circumstances of the alleged offence will be required in borderline cases.  The Crown Prosecution Service regards the following as being examples of dangerous driving:

• racing or competitive driving;
• failing to have proper and safe regard for vulnerable road users such as cyclists, motorcyclists, horse riders, the elderly and pedestrians or when in the vicinity of a pedestrian crossing, hospital, school or residential home;
• speed, which is particularly inappropriate for the prevailing road or traffic conditions;
• aggressive driving, such as sudden lane changes, cutting into a line of vehicles or driving much too close to the vehicle in front;
• disregard of traffic lights and other road signs, which, on an objective analysis, would appear to be deliberate;
• disregard of warnings from fellow passengers;
• overtaking which could not have been carried out safely;
• driving when knowingly suffering from a medical or physical condition that significantly and dangerously impairs the offender’s driving skills such as having an arm or leg in plaster, or impaired eyesight. It can include the failure to take prescribed medication;
• driving when knowingly deprived of adequate sleep or rest;
• driving a vehicle knowing it has a dangerous defect or is poorly maintained or is dangerously loaded;
• using a hand-held mobile phone or other hand-held electronic equipment whether as a phone or to compose or read text messages when the driver was avoidably and dangerously distracted by that use (R v Browning (2001) EWCA Crim 1831, R v Payne [2007] EWCA Crim 157);
• driving whilst avoidably and dangerously distracted such as whilst reading a newspaper/map, talking to and looking at a passenger, selecting and lighting a cigarette or by adjusting the controls of electronic equipment such as a radio, hands-free mobile phone or satellite navigation equipment;
• a brief but obvious danger arising from a seriously dangerous manoeuvre. This covers situations where a driver has made a mistake or an error of judgement that was so substantial that it caused the driving to be dangerous even for only a short time. Cases that illustrate this principle include where an offender failed to stop at a junction where there was a give way sign, failing to see a taxi that was being driven across the junction perfectly properly and colliding with it; offender unintentionally pressed the accelerator instead of the brake; offender drove across a junction marked by a give way sign and collided with a car that was being driven along the major road and had no explanation for his failure to see the other car.

It should be stressed, however, that ultimately it will be a matter for the court to decide.

Cases of dangerous driving less than clear cut

Some of the examples in the above list may seem surprising, for example where a person unintentionally pressed the accelerator instead of the brake.  It is worth repeating that much will depend on what actually happened.  Argument may well be possible around concepts such as ‘…even for only a short time…’ 

Similarly, argument can be raised about when a breach of a legal duty in ‘…failing to have proper and safe regard…’ strays over the line from being careless driving to an incident of dangerous driving?

A lawyer will need to try and dilute the very real risk of judging everything from the perspective of hindsight and the outcome of the driving.

Legal strategies to defend dangerous driving cases

In stressful situations, particularly where serious harm has been caused, there is an instinctive reaction to think that the driving error must also have been very serious.

Standing back, as lawyers, we know that the truth is that on occasion even the slightest error can result in very serious consequences. It is therefore vital that if you are to be interviewed by the police following an accident that you secure legal representation at the outset.

All of our legal advice and assistance at a police station or any other place will be free of charge to you as a suspect regardless of your financial means.  You can read more about the help we can give here.  The scheme also operates if you are not under arrest but being spoken to on a voluntary basis.  This does not mean that the police are treating the allegation any less seriously and more information can be found here.

Accident investigation and reconstruction is now an important consideration in many cases.  This allows scientists and engineers to see exactly the cause(s) of an accident and the magnitude of error, often exposing the culpability of others.  Such reports can be expensive, but help will be available if you are eligible for either Magistrates or Crown Court legal aid.

Eye-witness testimony is not always reliable and is also often tainted by the result of the driving as opposed to the driving itself.  This will need to be exposed through expert cross examination of the witnesses in court.

In some cases there may still be some room for manoeuvre and a plea to the lesser offence of careless driving may be appropriate.

How we can assist you if you face dangerous driving allegations

Whether an act of driving amounts to dangerous driving is often not easy to ascertain.  Our experienced lawyers routinely deal with all manner of driving cases, from the minor to the most serious.

Whether facing imprisonment or not, the loss of a driving licence is for many people an incredibly serious penalty in itself.  We will take all steps possible on your behalf to avoid that happening.

We have six offices across the East Midlands and provide advice and provide nationwide advice and representation.  Find your nearest office here.  Alternatively use the contact form below.

Category Archives: News

Following on from the revelations about failures in disclosure identified last year, on 3 April The Times published further information about the scale of the failure by the police and prosecution to disclose evidence vital to fair trials.  It is claimed that the failure to disclose such key evidence is both routine and deliberate, including hiding evidence within sensitive material schedules.

These reports are against a background of interest in the criminal justice scheme, including a BBC Survey, the publishing of a Charter for Justice and a campaign to send every sitting MP a copy of the recently published book by the Secret Barrister about the crisis in the criminal justice system.

A dossier has been produced that draws on the reports of a number focus groups held with the police, prosecutors and judges.  The file also includes the results of a survey of prosecutors.  It was obtained by the charitable organisation The Centre for Criminal Appeals.

Helpful evidence hidden on sensitive material schedules

The research has identified a commonly held view that the defence is not entitled to see evidence that might undermine the case against an accused.  Tactics are adopted by the police to stop it being handed over.  At least one force trains its officers to hide such material in a ‘sensitive material’ schedule which means the defence are unlikely to discover that is exists and disclosure may well be avoided.

One comment from a police focus group was ‘If you don’t want the defence to see it, then [evidence] goes on the MG6D’, this list of ‘sensitive material’.

A prosecutor is quoted as saying that ‘In even quite serious cases, officers have admitted to deliberately withholding sensitive material from us and they frequently approach us only a week before trial.  Officers are reluctant to investigate a defence or take statements that might assist the defence or undermine our case”.

Material should only appear on a sensitive material schedule where the disclosure office believes its disclosure ‘would give rise to a real
risk of serious prejudice to an important public interest.’  The reason for that belief should also be stated, and the officer must sign off on the schedule.

It is envisaged that such sensitive material will not just be that which helps the defendant. Instead, examples are:

• material relating to national security;
• material received from the intelligence and security agencies;
• material relating to intelligence from foreign sources which reveals sensitive intelligence gathering methods;
• material relating to the identity or activities of informants, or undercover police officers, or witnesses, or other persons supplying information to the police who may be in danger if their identities are revealed;

As a result it is unlikely to include evidence that simply points to the innocence of a defendant.

Prosecution also at fault in disclosure decisions

However fault is also identified on the part of prosecutors.  Sometimes this is due to the volume of cases, in combination with a lack of time to do the job properly, poor quality police investigations and the pursuit of ‘wrong’ priorities.

It remains to be seen whether the new Director of Public Prosecutions who will replace Alison Saunders when her contract expires in the autumn will have the resources to effect any meaningful change.

Instruct VHS Fletchers to ensure adequate disclosure

A judge within one of the focus groups observed, ‘There seems to be an idea that the defence is not entitled to see things but where the defence press matters, this yields results.’

As a result, until the culture changes and more resource is made available, to a great extent an accused will be dependent upon their lawyer identifying whether material is likely to exist and make an appropriate application for disclosure.

Our team of experienced Crown Court litigators and advocates will ensure that disclosure in any particular case is meaningful, rather than, as one prosecutor put it, ‘more of an administrative exercise‘.

You can read about two recent cases where our requests for disclosure made a difference here and here.

Find your nearest office here or use the contact form below.

Category Archives: News

On 26 March 2018 the Charter for Justice was launched by the London Criminal Courts Solicitors’ Association (LCCSA) together with the Criminal Bar Association (CBA) and Criminal Law Solicitors Association (CLSA).

In combination with other initiatives such as the one that can be read about here,  the aim is to set out clearly the key principles needed to ensure a fair and properly functioning Justice system.

The Charter was produced following engagement with the CBA, CLSA and the Howard League for Penal Reform.  It is hoped that the Charter become a living, changing entity like the law itself, and is influenced by those who care about justice.

The launch took place at the Law Society on 26th March.  A panel of speakers, chaired by Greg Foxmith, addressed those attending on a number of issues.

• CBA chair Angela Rafferty QC spoke on funding issues and access to justice
• Laura Jane from the Howard League addressed the prison and probation crisis.
• Raj Chada talked tackling discrimination and prejudice at the police stations and in court.
• Jerry Hayes addressed ongoing issues with disclosure.
• Penelope Gibbs from Transform Justice discussed ideas of Open Justice.

The contents of the Charter for Justice are set out below:

Charter for Justice

Preamble

For too many years those who are close to the criminal justice system have observed the impact of funding restraints and cuts which have led to dilapidated buildings, reduced access to Justice, and a prison service on the point of collapse. The Lammy report has highlighted inequality of outcomes, and recently highlighted disclosure problems have shown systemic failures in the system.

This charter seeks to set the standards for a justice system that is sustainable, workable and fair.

1. Equal Access to Justice

Publicly funded representation is essential for defence and prosecution.

The CPS needs to be properly funded to properly present cases, and legal aid sufficiently available and remunerated to ensure equality of arms in an adversarial justice system, and to allow everyone access to legal advice and representation irrespective of mean

2. Disclosure

There should be full and fair disclosure of the Prosecution case to a suspect at the police station and defendant at court. Criminal justice is not a game, and proper disclosure needs to be made in a timely fashion so that those accused by the state can fully understand what they are accused of, and respond accordingly.

Failures in the disclosure process waste huge resources throughout the system and result in wrongful convictions, avoidable appeals and abandoned trials, damaging both the accused and victims of crime and undermining public confidence.

There is an urgent need to increase fairness, effectiveness and accountability within the disclosure process.

3. Open Justice

There should be no further court closures, and court buildings and their fabric should be maintained to an acceptable standard. The latest initiative of online pleas is a dangerous development that will remove the direct engagement that a defendant has with the court and legal representatives.

Every defendant or witness or member of the public should have a right to attend a court hearing in person.

The recent change to the Police and Criminal Evidence Act allowing the police to video-interview people wherever they choose without legal advice undermines vital protections for those suspected of crime and should be prohibited. This is especially dangerous for the young, those with mental health issues or learning disabilities, or for whom English is not a first language.

4. A humane and effective prison and probation service

Urgent action is required to upgrade and maintain the quality of prison buildings and facilities. There are too many people in prison and at risk of being sent to prison for failing to comply with conditions and urgent action is required to reduce the number of people in prison.

We must learn from other countries where prisons are more forward thinking and humane and re-offending rates are lower. There must be recruitment and retention of sufficient prison officers, and access to properly funded rehabilitation and education courses within the prison system.

The part privatisation of the probation service is a costly failure which should be reversed.

5. A Fair Justice system

Urgent action is needed to achieve equality of justice and eradicate the discrimination identified in the Lammy Report. Unless all have faith in the processes as well as the outcomes of our justice system, trust in the system will ebb away.

We need to work to eliminate unconscious bias amongst all those involved in the system through diverse recruitment, better training and rigorous monitoring.

Justice cannot be seen to be done when there are the clear differences in treatment and outcome identified in the Lammy Report, or arising through use of the legal concept of joint enterprise.

The LCCSA website can be found here so that you can follow developments of the Charter for Justice.

Category Archives: News

Principled parliamentarians must be allies in the fight for justice.  It cannot be a party political issue.  The rule of law and access to justice are fundamental to a healthy and functioning democratic society.

Every aspect of the criminal justice system is under threat.

The progress made on diversity is in grave danger, with profound consequences for public trust as the judiciary, professions and institutions cease to reflect the communities they serve

Every week brings news of another criminal trial collapsing due to lack of adequate resources. The disclosure debacles are just one very high profile example of the damage being done to our once great system from chronic and deliberate lack of investment.

In 2016 MPs were told by the Public Accounts Committee that the Criminal Justice System was at breaking point. After 20 years of successive cuts, the system is now broken.

In planning more cuts, Ministers are making an unequivocal commitment to underfunding the legal system, and to refusing to provide a quality of justice that the public are entitled to expect.

The campaign will cost money, and the hope is that a public appeal will raise the £10 000 needed.

Follow this link to read more and pledge a donation to support the cause of justice.

Category Archives: News

Chesterfield Motoring Solicitor David Gittins was recently instructed in a case where his client was at real risk of a driving ban.  This would have meant the loss of his job as a taxi driver and a substantial impact on his 4 children.

David’s client had been caught driving at 76 mph in an 30 mph speed limit close to Chesterfield Town Centre. David’s strong advocacy  and diligent preparation enabled the client to keep his driving licence.  Instead he left the court with a fine and penalty points.

This case, perhaps better than most, demonstrates the benefits of choosing a local Chesterfield motoring solicitor carefully.  Surprisingly, David’s client had tried to instruct another local solicitor’s firm.  They had declined to take the instruction as they didn’t believe he could save the Defendant’s driving license.

Benefits of a local Chesterfield motoring solicitor

David’s client told him that he had been caught speeding whilst driving out of Chesterfield town centre along Derby Road at excessive speeds.  With local knowledge, David was immediately able to recognise the seriousness of the situation.

David’s client had been running late and had made a terrible error in trying to make up time by grossly exceeding the speed limit.  His client did not dispute the speed.  He indicated to David his desire to plead guilty at the very first opportunity in order to gain maximum credit and demonstrate his remorse.  In retrospect he appreciated the potential danger he created with this piece of driving.

Our client required his driving licence to be able to work.  David had to make his client aware that due to the level of speed the Court would consider imposing an immediate driving disqualification  of up to 56 days.

As a Chesterfield motoring solicitor, David knew that the local Magistrates would also know the road in question.  Because of this he knew that the only way in which he could keep his client’s license was to prepare detailed mitigation to present to the Court.

David had two lengthy conferences with his client in advance of the Court hearing.  This was to take details of how a disqualification would impact upon him, his wife and their four children.  For example, he provided transport to a separate school for each child, as well as to a variety of after school activities. Bluntly put,  if the client lost his license it was almost impossible for the children to attend school on time due to their age and the travel involved.

David preparing a map to show the court the acute difficulties that his client’s children would face.  He also secured references on behalf of his client.  For example, his client was involved in the local community tackling drug addiction.

Penalty Points rather than a driving ban

As a result of this detailed preparation and strong advocacy, David was able to present his client’s mitigation in an extremely effective way.  Because of this, the Magistrates’ were persuaded to take a lenient approach.  David’s client received a fine and penalty points but no driving ban.  This meant that he was able to keep his employment and was understandably delighted with the outcome.

Contact a Chesterfield Motoring Solicitor

If you require the advice and representation of an expert motoring solicitor then please contact David at our Chesterfield office on 01246 283000 or use the contact form below.  Details of our Chesterfield office can be found here.

David  can provide you with detailed and affordable advice as to whether you are able to challenge the prosecution evidence relating to your road traffic offence, or how you are likely to be sentenced following a guilty plea.