The Nottingham Law Centre is currently preparing and recruiting for this year’s Nottingham Legal Walk. It is due to take place on Thursday 10 May 2018, beginning at 5.30pm. The aim is for walkers to raise funds for legal advice charities such as the Law Centre.
The Law Centre is a valuable resource for the vulnerable in Nottingham. During the financial year 2016/2017 the Law Centre helped the following clients:
David Howarth, practice manager at the Law Centre, writes:
“10K is quite a big ask for those of us who spend most of our time sat behind a desk. We take part, however, to raise much needed funds for charities like ours. This is especially important at a time of seemingly never-ending cuts.
It is also a great opportunity to raise awareness about the day-to-day issues and struggles faced by people living in Nottingham.”
Sally Denton, supervising solicitor says:
“We really need the money. We are seeing cuts in funding whilst we are trying to help more people with more complicated issues.
It is good to be able to help people avoid eviction or to secure housing after they have been street homeless for ages but it needs resources to get results.”
If you would like to join David, Sally and the Law Centre staff for some (or all) of the Nottingham Legal Walk then you can email him here for details.
As a minimum, David would ask that you keep your fingers crossed that it doesn’t rain!
Category Archives: News
In readiness for the opening of the new Chesterfield office we have been putting together new website profiles for the lawyers based there.
Accredited police station representative Rob Lowe has provided the detail of several examples of recent free police station advice that he has given. Each illustrate the advantages of seeking his free and independent legal advice before speaking to the police in an interview under caution.
Mansfield police station – domestic assault allegation
Rob attended Mansfield police station to represent a suspect who had been arrested for an allegation of an assault in a domestic setting. The officer in the case provided Rob with disclosure of the evidence in the case permitting him to take instructions from his client before interview.
The evidence provided failed to implicate Rob’s client in an offence. As a result, Rob formed the view that there was not a case for him to answer. He made immediate representations to the custody sergeant that his client should be released immediately without interview.
The sergeant agreed, and Rob’s client was released without charge, without the need for an interview.
It is perhaps hard to imagine that this outcome would have been secured without the benefit of Rob’s free police station advice and representation.
Liverpool police station – assault allegation
Rob travelled to represent his client at Liverpool police station. he had been arrested on suspicion of assault. He advised his client to answer questions and make a counter complaint.
This advice led to our client being released without charge. Instead, the initial complainant ended up being interviewed under caution by the police himself. This was as a result of the advice given and the representations that Rob made to the investigating officers.
Chesterfield police station – shop theft
Chesterfield police station
Part of Rob’s role in when representing a client at the police station is to negotiate with the police. In this case, his client was accepting guilt in relation to allegations of shop lifting.
The custody sergeant was concerned about a risk of re-offending and intended to keep our client in custody overnight to be placed before the Magistrates’ Court for a remand into custody the next day. After taking into account the representations that Rob made about bail, the custody sergeant reconsidered his initial view and agreed to grant bail.
Again, without representation, it would appear unlikely that this suspect would have been released, with nobody to negotiate on their behalf.
Chesterfield police station – drug investigation
Here, Rob was instructed by a client who had been arrested on suspicion of drugs offences. Rob considered it appropriate for his client to deny the offences for which he had been arrested. His client was, however, reluctant to submit to extensive questioning by the police.
As a result, Rob advised that an alternative to answering questions would be to submit a prepared statement in interview setting out his defence. He would then be able to make ‘no comment’ replies to any other questions put. This would be sufficient to remove the risk of an inference being drawn at any future trial.
Rob’s client was released to allow the police further time to investigate the offence and his defence.
Contact us for free police station advice
If you are unlucky enough to be interviewed by the police, whether while under arrest or as a volunteer, or in the police station or elsewhere, you are entitled to legal representation. As we have a legal aid contract then we can provide you with free police station advice.
Chesterfield accredited police station representative Rob Lowe
If you are arrested then make sure the police ask for VHS Fletchers to represent you. If you know that the police want to speak to you as a volunteer then contact us with the date and time and we will make sure that we are there on time to remove any delay.
Rob Lowe can be contacted at our new Chesterfield office at 5 Beetwell Street, 100 metres away from Chesterfield police station. Our new phone number is 01246 387999.
During weeks two and three of the placement, Elliott had to work around existing commitments to his regulatory work, including time spent at the Crown Court in Newcastle-upon-Tyne for the beginning of a complex Health and Safety Executive prosecution.
Having instilled confidence in those supervising him at the Law Centre, he has been given much more responsibility and independence. First thing in the morning he is greeted with a pile of files to review and progress. The work will include
contacting clients to discuss their cases
chasing up replies from the Department of Work and Pensions
corresponding with employers, medical practitioners and varius other individuals and bodies in order to take forward benefit claims.
One of Elliott’s more complex pieces of work to date has been drafting submissions for a client’s appeal to the Upper Appeals Tribunal. The case being appealed concerned a client’s request for Employment & Support Allowance. This had been refused by the DWP and the First Tier Social Security Tribunal.
The Law Centre believed that these decisions were in error, and therefore were supporting their client’s appeal. The point of law was relatively complicated, relating to EU and immigration law. Elliott found this a fascinating piece of work to be involved in.
Elliott has also been conducting his own interviews with clients, albeit under the direct supervision of Diana Bagci. For example, he met with a client to obtain instructions to draft an application for a Personal Indepence Payment. He ascertained the client’s health difficulties and how his life was affected on a daily basis. Such conversations clearly involve a high degree of sensitivity and professionalism.
Finally, Elliott has used the opportunity of working at the Law Centre to continue to be involved in the local community. He has continued to help at the Law Centre’s local support sessions for the Roma community.
He was also invited to another community forum. On this occasion it was to discuss the local provisions for those suffering from trauma.
Elliott attended as a representative of the Law Centre at a local community careers fair. This was attended and enjoyed by many.
With two more weeks to go of his secondment, Elliott is keen to see what new challenges are thrown at him.
Many of us will, by now, have seen the video footage apparently capturing a shocking race hate incident occurred at Nottingham Trent University last week. We are reluctant to offer any commentary on the allegations themselves as arrests have been made and investigations remain ongoing.
Incident at Nottingham Trent University
Nottingham Trent University student Rufaro Chisango
However, the female student has explained that she spoke to university accommodation staff shortly after the incident. She was told that the matter would be dealt with on the following Tuesday morning. By Wednesday evening she had still heard nothing.
The video entered the public domain following her frustration at what she perceived as the university’s inaction. The student posted her video on her Twitter account. The video went viral immediately and by late yesterday, had been shared over 33,000 times. The story can be found here.
It may be that Nottingham Trent University took action as a result of the publicity being generated. Those accused have now been suspended from the university, arrested and interviewed by police. The university is now working with the female student to resolve her complaint and provide support.
Many on social media have been critical of the university’s slow response to the female’s initial complaint. She was left for nearly 48 hours with the alleged perpetrators still living or studying near to her. The university has responded and said that the accommodation providers were slow to inform the university, which was the reason for their delayed action.
Duty on universities to protect against discrimination
Universities have a duty to take clear, decisive action to stamp out hate crime within their institutions. The Equality Act 2010 makes it illegal for individuals to be discriminated against based on their protected characteristics, which include age, gender, sexual orientation and race. These rights are set out within the published Equality, Diversity and Inclusion Policy of Nottingham Trent University. However, this policy is only fit for purpose if the University has clear channels of communication in place with accommodation staff, so that if hate crime is reported action is taken immediately.
Lessons will no doubt be learnt from this. All universities will want to look at this incident and realise that discrimination unfortunately remains a live issue. It is key that students who are the victim of hate crime know who they can turn to and that their complaint will be dealt with immediately. There is no point in having equality and diversity policies and complaints procedures in place, if twitter ends up being the only way that your voice can be heard.
Contact an education law solicitor about discrimination
Education law solicitor Clare Roberts
It is perhaps hard to believe that such an incident would take place in 2018. We would like to think that this kind of incident will not be repeated. If, however, you are unfortunate enough to be subjected to discrimination in any form at university then please do contact us for some initial fee advice about how best to take any complaint forward.
Knife crime is very much on the political agenda, with a number of stabbings having taken place over the last few weeks. These incidents resulted in death or serious injury. In due course there will be a significant prison sentence for those found responsible.
Attention is now focused on using deterrent sentences to discourage knife possession.
Knew sentencing guideline for knife crime
The Sentencing Council, which is responsible for setting sentencing guidelines in England and Wales, has today issued a new guideline for knife crime offences.
The guideline will apply to all of those sentenced on or after 1 June 2018, regardless of the date of the offence.
What offences does it cover?
The guideline applies to offences of:
Possession of an offensive weapon in a public place
Possession of an article with a blade/ point in a public place
Possession of an offensive weapon on school premises
Possession of an article with a blade/ point on school premises
Unauthorised possession in prison of a knife or offensive weapon
Threatening with an offensive weapon in a public place
Threatening with an article with a blade/ point in a public place
Threatening with an article with a blade/ point on school premises
Threatening with an offensive weapon on school premises
The guideline does not cover situations where a knife or other weapon is actually used to harm someone. This would come under other offences such as those relating to wounding, wounding with intent, manslaughter or murder.
Similarly, it does not include the use or possession of firearms which is covered by different legislation.
Does the guideline apply to all offenders?
The new guideline applies both to adults and those under 18. In relation to the latter, the guideline will work alongside the Sentencing Children and Young People guideline and encourage courts to look in far greater detail at the age and maturity, background and circumstances of each offender in order to reach the most appropriate sentence. The primary aim in such cases will be to prevent re-offending. This is the main function of the youth justice system.
What will be the effect of the new knife crime guidance?
Leading Court of Appeal judgements have emphasised the seriousness of this type of offending. The court has set out sentence levels that senior judges see as appropriate for dealing with offenders.
The proposed guideline takes these changes to the law and court judgments into account. It then provides consolidated and up to date guidance. It ensures that those offenders convicted of offences involving knives or particularly dangerous weapons, as well as those who repeatedly offend, will receive the highest sentences.
The introduction of the guideline may, therefore, lead to some increases in sentence levels. This will predominantly be in relation to adults convicted of possession offences.
Are there any minimum sentences for these offences?
The law on mandatory sentences for offences involving bladed articles or offensive weapons states:
Where an offender is convicted of a second (or further) bladed article/ offensive weapon offence the court must impose a mandatory minimum sentence of 6 months’ imprisonment for an adult or 4 months’ Detention and Training Order for a youth (under 18), unless satisfied that there are circumstances relating to the offence or the offender that make it unjust to do so in all of the circumstances.
Where an offender is convicted of threatening with a bladed article/ offensive weapon the court must impose a mandatory minimum sentence of 6 months’ imprisonment for an adult or 4 months’ Detention and Training Order for a youth (under 18), unless satisfied that there are circumstances relating to the offence or the offender that make it unjust to do so in all of the circumstances.
As the guideline gives the highest sentences to those offenders who threaten with knives or highly dangerous weapons, these offenders will always receive sentences greater than six months. The combination of the legislation and the guideline may therefore mean that there is an increase in sentences received by some offenders convicted of these offences.
Where the seriousness of the combined offences is such that it falls far below the custody threshold, or where there has been a significant period of time between the offences, the court may consider it unjust to impose the statutory minimum sentence.
The court should consider the following factors to determine whether it would be unjust to impose the statutory minimum sentence:
Strong personal mitigation
Whether there is a strong prospect of rehabilitation
Whether custody will result in significant impact on others
What about ‘highly dangerous weapons’?
Additional guidance has been included as to what constitutes a highly dangerous weapon.
A straightforward offensive weapon is defined in legislation as ‘any article made or adapted for use for causing injury or is intended by the person having it with him for such use.
A highly dangerous weapon must, therefore, be an offensive weapon, including a corrosive substance (such as acid), whose dangerous nature must be substantially above and beyond the usual definition.
The court must determine whether the weapon is highly dangerous on the facts and circumstances of the case.
Instruct an expert in defending those accused of knife crime
It may be that you intend to deny an allegation that you are unlawfully in possession of a knife or other weapon. If so, the guideline might mean that more cases are sent for trial at the Crown Court. Our expert team will ensure that your best case is put forward.
Alternatively you might be pleading guilty. Sentencing is a complex process. All of our advocates understand how to navigate sentencing guidelines and ensure that they are not applied in a mechanistic manner. Instead we seek to ensure that the court focuses on all the considerations relevant to you as an individual.
The government has recently announced that West Yorkshire Police has signed up to a new identity checking service. This represents a further roll out of police fingerprint checking by portable scanner and phone app.
The new service is already being used in a select number of force areas. A further twenty areas will be going live before the end of this year. This form of police fingerprint checking will remove the need for suspects to be taken to a police station to check identity.
It is anticipated that this will reap benefits for front line officers and suspects alike. Previous research found that the average time for an identity check was sixty seven minutes. As a result the police will be freed up the to continue with other duties. From a citizens point of view, the number needless detentions should be drastically reduced.
Support for Police fingerprint checking in the street
Police leaders have commented:
“Early examples of the new system in action include a firearms unit, who detained a driver after a short pursuit and were able to identify him as a disqualified driver, despite him giving false details. He was issued with a summons for three offences and his vehicle seized. The armed response unit returned to patrol within ten minutes, and without the mobile fingerprint scanner this could have resulted in the unit being out of action for four hours taking the individual to a custody suite.”
How does the service work?
The new service works by connecting a small fingerprint scanner to a mobile phone App. Within seconds of taking a print the suspect’s identity can be checked across the two main police databases, allowing police after that to deal more appropriately with the suspect.
While this technology has been available for a few years, reduced pricing has now made it affordable enough for a national rollout. Scanners that previously cost around £3,000 can now be purchased for under £300.
Concerns about consultation and implementation
Liberty, the leading human rights organisation has been less enthusiastic, commenting that:
“This scheme is part of a pattern of the police using radical privacy-invading technology without proper public consultation or meaningful parliamentary oversight. Much like the facial recognition technology that is increasingly being deployed by police forces, it is being presented to us after the event and with little fanfare and is being made available to more and more officers across the country. In this case, we learned about it via a sneaky gov.uk post early on a Saturday morning.”
There are important protections for suspects that are to be found in the Police and Criminal Evidence Act 1984. If you have any concerns about the use of these powers, please contact us to discuss further.
Where fingerprint identification is being used to provide evidence in support of a prosecution, we will always take particular care to ensure that the law has been complied with.
How We Can Help
If you are a person facing a criminal investigation or proceedings, contact us immediately. Our solicitors are well versed in this and all other aspects of the criminal law and will work to ensure your best defence.
It is often said that there is no such thing as a dangerous dog, only a dangerous owner. While the criminal law often refers to a ‘dangerous dog’, the offences pursued in dangerous dog prosecutions relate to a dog being ‘dangerously out of control’.
Section 10 of the Dangerous Dogs Act 1991 states that:
‘a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person (or assistance dog), whether or not it actually does so.’
Penalties
The penalties for ‘dangerous dog’ offences are severe. They include imprisonment of up to 14 years where death is caused. What is is not often understood is that an offence may lead to the destruction of the dog as well.
A discretion to order destruction?
In relation to some offences the court may order destruction. In others, the court must order destruction unless assured (by imposing strict conditions) that the dog would not constitute a danger to public safety.
When deciding whether a dog would constitute a danger to public safety, the court—
(a) must consider—
(i) the temperament of the dog and its past behaviour, and
(ii) whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and
(b) may consider any other relevant circumstances.
Avoiding Destruction of a ‘dangerous dog’
In all cases where a court is considering destruction, attention must be drawn to the court’s power to order instead ‘contingent destruction’. This will prevent the dog’s destruction provided that the conditions imposed are met.
The key case in dangerous dog prosecutions remains R v Flack [2008] EWCA Crim 204 where the following criteria were established:
“The relevant principles that can be made in respect of a dog whose owner has been convicted under section 3(1) of the 1991 Act of failing to keep a dog under control in a public place are that:
(1) The court is empowered under section 4(1) of the 1991 Act to order the destruction of the dog.
(2) Nothing in that provision shall require the court to order destruction if the court is satisfied that the dog would not constitute a danger to public safety: section 4(1)(a) of the 1991 Act.
(3) The court should ordinarily consider, before ordering immediate destruction, whether to exercise the power under section 4A(4) of the 1991 Act to order that, unless the owner of the dog keeps it under proper control, the dog shall be destroyed (“a suspended order of destruction”).
(4) A suspended order of destruction under that provision may specify the measures to be taken by the owner for keeping the dog under control whether by muzzling, keeping it on a lead, or excluding it from a specified place or otherwise: see section 4(a)(5) of the 1991 Act.
(5) A court should not order destruction if satisfied that the imposition of such a condition would mean the dog would not constitute a danger to public safety.
(6) In deciding what order to make, the court must consider all the relevant circumstances which include the dog’s history of aggressive behaviour and the owner’s history of controlling the dog concerned in order to determine what order should be made.”
What we can do to help
It is unlikely that legal argument alone will suffice to convince a court to order contingent destruction. In almost all dangerous dog prosecutions you will need the assistance of an expert in dog behaviour, alongside expert advocacy. We can arrange for the preparation of suitable expert reports and provide the advocacy for you.
Instruct an expert in defending dangerous dog prosecutions
If you are facing criminal proceedings that relate to an allegedly dangerous dog then please contact us as soon as possible. Our solicitors are well versed in this aspect of the law and will ensure your best defence is put forward before the court.
This will also include the best argument possible to ensure that your dog is not destroyed.
Alternatively, you can use the contact form below.
Contact
Category Archives: News
A new domestic abuse sentencing guideline was published on 22 February 2018, giving courts up to date guidance that emphasises the seriousness of offending involving domestic violence or other forms of abuse in a domestic setting.
What is domestic abuse?
There is no specific crime of domestic abuse. It can be a feature of many offences including assault, sexual offences or harassment. The new domestic abuse sentencing guideline aims to ensure that the seriousness of these offences is properly taken into account when such offences are being sentenced. The intention is that sufficient thought is also given to the need to address the offender’s behaviour and prevent re-offending.
Are there an existing domestic abuse sentencing guideline?
The new guideline replaces a domestic violence guideline which was published in 2006. A great deal has changed since then in terms of societal attitudes, expert thinking and terminology.
It was felt, therefore, that guidance for courts was therefore in need of revision to bring it up to date. ‘Domestic abuse’ is now the term used, rather than ‘domestic violence’. This reflects that offences can involve psychological, sexual, financial or emotional abuse as well as physical violence.
When is the new guideline in force?
The domestic abuse sentencing guideline will apply to all offenders aged 16 and older sentenced on or after 24 May 2018.
How does this guideline change things?
The guideline identifies the principles relevant to the sentencing of cases involving domestic abuse, outlines how the seriousness of offences should be assessed and highlights other factors that should be taken into account.
It brings a distinct change in emphasis in relation to seriousness.
The previous sentencing guideline stated that offences committed in a domestic context should be seen as no less serious than those in a non-domestic context, whereas the new guideline emphasises that the fact an offence took place in a domestic context makes it more serious.
This is because domestic abuse is rarely a one-off incident, it is likely to become increasingly frequent and more serious the longer it continues and may result in death. It can also lead to lasting trauma for victims and their children.
For the first time, the guideline also includes a reference to abuse which is perpetrated through use of technology, such as email or text, social networking sites or tracking devices fitted to a victim’s car. These are increasingly common methods by which domestic abuse can occur.
The guidelines recognise that these offences can affect people of all backgrounds and the guideline is also clear that abuse can occur between family members as well as between intimate partners.
Will anything else change?
Yes. In particular, there is now additional guidance on restraining orders, along with new guidance on Victim Personal Statements.
In relation to restraining orders, the guideline now includes additional guidance to assist the court with a renewed focus on keeping the victim safe, particularly for those who continue or resume their relationship with the offender.
The guideline further reminds courts to take any Victim Personal Statement into account. Where there is no such statement, this is not an indication of any lack of harm to the victim.
Sentencing Council member Jill Gramann said:
“Domestic abuse comes in many forms such as harassment, assault and sex offences. The increasing use of technology in offending has meant that it has also evolved in its scope and impact. The new guideline will ensure that courts have the information they need to deal with the great range of offending and help prevent further abuse occurring.”
What factors will a court take into account on sentence?
The following list of non-exhaustive aggravating and mitigating factors are of particular relevance to offences committed in a domestic context and should be considered alongside offence specific factors.
Aggravating Factors
Abuse of trust and abuse of power
Victim is particularly vulnerable. Although all victims of domestic abuse are potentially vulnerable due to the nature of the abuse, but some victims of domestic abuse may be more vulnerable than others, and not all vulnerabilities are immediately apparent)
Steps taken to prevent the victim reporting an incident
Steps taken to prevent the victim obtaining assistance
Victim forced to leave home, or steps have to be taken to exclude the offender from the home to ensure the victim’s safety
Impact on children as children can be adversely impacted by both direct and indirect exposure to domestic abuse
Using contact arrangements with a child to instigate an offence
A proven history of violence or threats by the offender in a domestic context
A history of disobedience to court orders such as, but not limited to, Domestic Violence Protection Orders, non-molestation orders and restraining orders
Mitigating Factors
Positive good character – as a general principle of sentencing, a court will take account of an offender’s positive good character. However, it is recognised that one of the factors that can allow domestic abuse to continue unnoticed for lengthy periods is the ability of the perpetrator to have a public and a private face. In respect of offences committed within a domestic context, an offender’s good character in relation to conduct outside these offences should generally be of no relevance where there is a proven pattern of behaviour
Evidence of genuine recognition of the need for change, and evidence of obtaining help or treatment to effect that change
Will those convicted get a longer sentence?
A spokesperson for the Sentencing Council commented:
‘Overall, it is likely that there will be an increase in sentence severity as a result of the introduction of the guideline, however, the guideline emphasises the need to consider the most appropriate sentence to prevent further re-offending and protect victims, which may be a community order.’
How we can help
Many people feel that sentencing is increasingly a mechanistic process, with a danger that the new domestic abuse sentencing guideline will be rigidly stuck to, and the individual considerations of defendants either ignored or played down.
However, case law over the last few years emphasises that courts should be cautious to ensure that this does not happen. All of our advocates are experienced in presenting the best mitigation possible to courts, ensuring the best possible outcome.
Contact a specialist in defending domestic abuse cases
The new domestic abuse sentencing guideline mean that it may be easier in the future for courts to justify a custodial sentence. As a result, you will want to contact us as soon as the police make contact with you.
Your nearest office can be found here. We provide a nationwide service, 24 hours a day, 7 days a week. All advice and assistance in police interview will be free of charge to you. Legal aid is available for many cases before the Magistrates’ and Crown Courts.
VHS Fletchers offices across the East Midlands
Category Archives: News
In 2015/16, Ipsos MORI conducted a study on individuals’ legal needs on behalf of the Law Society and the Legal Services
Board (LSB). The main component of the study was an online survey to examine individuals’ experiences of 29 legal issues and the effect of receiving early legal advice.
Large scale survey about the effect of early legal advice
The survey provided quantitative findings from 8,192 participants, which examined the responses from 16,694 issues
experienced.
This included issues relating to
divorce/dissolution of civil partnerships
debt/money issues
injury at work
road traffic accidents
personal injury
legal issues with mental health issues
repossession or eviction
neighbour disputes
relationship breakdown issues
welfare benefits; discrimination
being arrested
legal issues related to children
immigration
domestic violence
homelessness
unfair treatment by the police
These are all issues which may be handled using legal processes but are not necessarily seen as being ‘legal’ in nature by those experiencing them.
The results of the analysis
This report outlines results from analysis comparing the effects on the timing of the resolution of individuals’ legal issues of receiving early professional legal advice compared to not receiving it.
The analysis showed that early advice has a statistically significant effect on the timing of the resolution of people’s legal issues.
Specifically, the analysis showed that for these issues:
On average, a quarter (25%) of people who received early professional legal advice had resolved their problem within 3-4 months of the problem first occurring, whereas for people who did not receive early legal advice it was not until 9 months after the issue had first occurred that 25% had resolved their issue.
Correspondingly, and controlling for other factors that can affect problem resolution, people who did not receive early advice were 20% less likely than average to have resolved their issue at a
particular point in time.
The main other factors affecting problem resolution were the severity of the issues, and people’s previous knowledge of their legal rights. More severe problems, as would be expected, take longer on average to resolve, and people with little previous knowledge of their legal rights were 33% less likely than average to have resolved their issue at a particular point.
Early professional legal advice was defined as ‘within 3 months of the issue first occurring’ as analysis showed that this is a reasonable definition on average across the 17 issues considered.
Professional legal advice covered advice from a solicitor, or other professional advisers such as Citizen Advice Bureaux or
trade unions.
As a result, the report stressed the importance of restoring the ability for individuals to seek early legal advice by receiving legal aid. Advice and assistance in police interview remains free of charge to all. Find out more about that here.
Senior Crown Court Litigator Sarah Lees-Collier was recently instructed in the case of a 65 year old defendant charged with serious sexual offences involving his foster or adopted daughters. The case involved careful and detailed cross examination.
The allegations were almost exclusively historic sexual offences, with the complainants giving very similar accounts of offending. All of the offences were denied.
Vanessa Marshall QC
Sarah had chosen to instruct experienced counsel Vanessa Marshall from 7 Bedford Row Chambers, known for her eye to detail and exhaustive analysis and preparation of such cases. During the currency of this case Ms Marshall discovered that she had been successful in her application to be Queen’s Counsel.
Expert cross examination of four complainants
Here, all four complainants had the benefit of special measures permitting them to give evidence behind screens. Cross examination was expertly conducted in relation to a great deal of material including social care records. A substantial amount of material was not disclosed until the trial had started.
Counsel insisted on sufficient time to be able to consider this additional material and plan her expert cross examination accordingly. One of the witnesses was extremely volatile under questioning.
The detailed preparation meant that we were able to show that the witnesses had told some lies that were relevant to the case. For example, one of the complainants had no choice but to accept that she had previously made false allegations about another carer. The defence identified, within the unused material, reasons why further false allegations might have been made.
Counsel had to treat the witnesses with care. It was clear that whatever the reality of the allegations they were now making, they had had a difficult early life.
Our client was of good character. As a result, character evidence was gathered. A number of witnesses attended court to speak as to his character in the trial.
Although the the trial lasted for five weeks, the defence was compelling. As a result, our client was found not guilty of all charges with the jury deliberating for just under three hours.
Our client was, of course, particularly pleased and relieved.
Contact a Crown Court litigation specialist
Crown Court litigator Sarah Lees Collier
If you face proceedings before the Crown Court, whether you intend to plead guilty or fight your case at trial, you will want to instruct an expert Crown Court litigator.
