Category Archives: News

As part of his training, trainee solicitor Elliott Moulster has been seconded to work at the Nottingham Law Centre in order to obtain a broad range of experience prior to qualification.

This firm enjoys a close relationship with the Nottingham Law Centre.  Solicitor Andrew Wesley is the chair of the Board of Trustees for the Law Centre, responsible for oversight and some strategic management, in a pro bono role.

Nottingham Law Centre is located directly opposite the Hyson Green Market in Radford, Nottingham.  It specialises in providing free legal advice and representation in the areas of housing law, debt and social security law.  As a result, it advisers try to assist some of the most vulnerable in society.

Elliott has begun to work alongside Diana Bagci who is part of the Law Centre’s Social Security Team, providing particular assistance to the local Roma community.

Elliott has now spent his first week in this busy not for profit organisation.

Monday

The week started with introductions to everyone who works and volunteers at the Centre.   Elliott received the warmest of welcomes from everybody that he met.

Before being trusted with providing advice, Elliott began to receive his training.  He had the opportunity to sit in on many client appointments.  What impressed him most about this first day was  the professionalism and empathy that staff members showed when dealing with cases that were both deeply personal and of extreme sensitivity.

Tuesday

After spending Monday meeting clients and advisers, Elliott spent much of Tuesday at Nottingham Law Centre reading some of the relevant law and guidance relating to benefits.

He acquainted himself with the regulations concerning the Employment Support Allowance (ESA), Job Seekers Allowance (JSA) and the rules surrounding other benefits such as Universal Credit.

Elliott had further opportunities to sit in on further client interviews during the course of the day.

Wednesday

Elliott attended a meeting about combating modern slavery in the East Midlands.   This event opened his eyes to the prevalence of such practises in the United Kingdom.  This valuable insight will allow Elliott to help understand the experience of those clients who are victims of modern slavery.

Thursday

The first half of Thursday was spent drafting a detailed letter to the Social Security Tribunal. The purpose of this letter was to make representations in support of an application to reconsider a previous decision of the tribunal.  It was believed that the tribunal decision was in error, but that the problem could be rectified.

In the afternoon, Elliott attended a local Community Centre. This was to offer practical advice and assistance to members of the local Roma Community.  Again, he found the experience very educational.  He experienced a culture in some ways different to his own, and appreciated the opportunity to provide advice away from an office setting speaking directly to those in the community.

Friday

Unfortunately Elliott was unable to avoid returning to VHS Fletchers today to prepare some of Health and Safety prosecutions that he is working on.  He will, however, return to Nottingham Law Centre next week to begin to provide advice.

Contact Nottingham Law Centre

While we are able to provide you with specialist advice relating to crime, regulatory, road traffic, education and prison law matters, we cannot give you advice on all topics.

As a result, if you require advice about housing law, debt or benefits entitlement then we do not hesitate to recommend the excellent service provided by the Law Centre.

Information about how to contact the Law Centre can be found here.

Category Archives: News

The BBC Justice survey is the result of the recent collapse of several rape cases that brought to public attention widespread concerns with disclosure practices across the Criminal Justice System.

The BBC, along with The Criminal Law Solicitors’ Association, The Criminal Bar Association and The London Criminal Courts Solicitors’ Association, would like to hear from legal professionals about the disclosure concerns behind the headlines – identifying disclosure issues that arise on a day-to-day basis in the police stations, Magistrates’ and Crown Courts.

It may be that the police have refused to give adequate disclosure for the purposes of advising prior to interview; the IDPC provided for the first hearing contains inadequate or no witness statements; there is no MG6C provided for trial; disclosure ordered by the court has still not been provided despite the expiry of time given; trials or hearings have been delayed or adjourned because of late, inadequate or no disclosure given to the defence.

The survey is open to members of The Criminal Law Solicitors’ Association, The Criminal Bar Association and The London Criminal Courts Solicitors’ Association, and all solicitors and barristers currently practicing criminal law in England & Wales.

The BBC want you to tell them about your experiences over the past 12 months.

The survey only takes a few minutes to complete. All responses will be treated confidentially.

The link to the BBC Justice survey can be found here.

The closing date for responses is Tuesday 20th February.

Category Archives: News

Bitcoin and other crypto-currencies are never far from the news.  This is most recently because the value of Bitcoin rose considerably in the latter part of 2017, the market then crashing.  It is a currency that permits criminal activity for those involved in money laundering.

It is an odd ‘currency’, as it is not backed by any government, and certainly not by an underlying gold stock.  It is, in fact, nothing more than a virtual object that has a value dictated solely by supply and demand – indeed that is one of the few characteristics that it shares with conventional currency.

Currency attractive for money laundering

So, why the attraction? Why would a person wish to convert £10,000 into one bitcoin, or a lesser amount for a share of one?

One of the main attractions of bitcoin is that it exists across borders, outside of traditional banking controls and with a secure cloak of anonymity.  Those three magic ingredients make this type of currency attractive to those seeking to launder the proceeds of crime.

Nobody is interested in the identity of the trader.  The proceeds can be cashed in almost anywhere in the world.  There are even cash machines in some countries including England.  Blockchain encryption has rendered law enforcement impotent in this brave new world of international finance.

This explains the rise in value.  In just one year it rose to thirteen times its value at the end of 2016.

But, the larger the sums that need to be laundered, the more complex and risky it is to make those initial transactions.  That is where the middle-man comes in.  He or she will be a person either knowingly or unwittingly agreeing to purchase bitcoin, or, more commonly, transfer monies on behalf of a money launderer.  They will take a fee for his or her trouble along the way.

Sometimes the amount could be as little as a few hundred pounds but extrapolated this sum becomes significant. Such individuals are known as ‘money mules’.

Government regulation to fight money laundering

The government is keen to regulate these new currencies, and in a recent statement to parliament the treasury minister said:

“The UK Government is currently negotiating amendments to the 4th Anti-Money Laundering Directive that will bring virtual currency exchange platforms and custodian wallet providers into Anti-Money Laundering and Counter-Terrorist Financing regulation, which will result in these firms’ activities being overseen by national competent authorities for these areas. The Government supports the intention behind these amendments. We expect these negotiations to conclude at EU level in late 2017/early 2018.”

Until these protections are in place, people will be able to assist in money laundering enterprises, with little that the authorities can do to stop it.

Up to fourteen years for money laundering offences

It perhaps sounds the stuff of fiction, but in the first nine months of 2017, there were over 8652 ‘money mule’ cases identified by Cifas, the fraud prevention service. This criminality represents just the tip of a money laundering iceberg.

The penalty if caught is potentially significant, with sentences of imprisonment as long as 14 years available to a court.  If someone close to you seems to have come into money, you may want to start asking questions, before it is too late.

More information can be found on this government website.

Contact us for specialist legal advice

When a person becomes unwittingly involved in money laundering it is important to step back from the position as seen with the benefit of hindsight and examine what truly went on. A careful forensic analysis of the circumstances will reveal any defences available to someone suspected of money laundering crimes. Making a silly mistake is not yet a crime.

If you need advice about money laundering or any other criminal law matter then please contact your nearest office.  We will be able to provide you with free and independent legal advice in any police interview, and advise you on the availability of legal aid should your case come to court.  Alternatively, you can get in touch by using the contact form below.

Category Archives: News

The government has recently announced that it intends to bring into force a number of provisions contained within the Housing and Planning Act 2016 including banning orders.

From 6 April 2018 the Act will allow local authorities to apply for a banning order where a landlord has been convicted of a ‘banning order offence.’

What is a banning order?

A banning order will ban a person from:

• letting housing in England,
• engaging in English letting agency work,
• engaging in English property management work, or
• doing two or more of those things.

The banning orders will operate whether a landlord acts on their own behalf or via a corporate body.

What offences might prompt an application for a banning order?

The following offences are capable of triggering an application for a banning order as they are banning order offences:

Any offence involving:

• fraud
• the production, possession or supply of illegal drugs
• violent and sexual offences

will be appropriate banning order offences subject to there being a link between the property being rented out and/or the tenant/household.

The offences below (subject to there being a link between the property being rented out and/or the tenant/household) are also on the list of banning order offences:

• An offence under sections 327-329 Proceeds of Crime Act 2002.
• An offence under sections 2 or 2A Protection from Harassment Act 1997.
• An offence under sections 30 or 48 Anti-social behaviour, crime and Policing Act 2014.
• An offence under sections 7, 9, 21 or 22 Theft Act 1968.
• An offence under sections 1(1) or 2 Criminal Damage Act 1971.
• Illegally evicting or harassing a residential occupier in contravention of the Protection from Eviction Act 1977 or the Criminal Law Act 1977.

Offences under the Housing Act 2004 that will trigger banning orders

Unsurprisingly, any of the following offences under the Housing Act 2004 are also relevant offences for banning orders:

Failure to comply with an Improvement Notice

Offences in relation to licensing of Houses in Multiple Occupation (HMOs);

Offences in relation to licensing of houses under Part 3 of the Act;

Allowing a HMO that is not subject to licensing to become overcrowded;

Providing false or misleading information.

Failure to comply with management regulations in respect of HMOs;

An offence under the Health and Safety at Work etc. Act 1974 where a person contravenes section 36 of the Gas Safety (Installation and Use) Regulations 1998;

Failure to comply with a Prohibition or Emergency Prohibition Order under sections 20, 21 and 43 of the Housing Act 2004;

An offence under section 32 of the Regulatory Reform (Fire Safety) Order 2005.

Can a landlord argue against the making of a banning order?

Yes, you can make representations both to the local authority before the making of the application and to a tribunal if proceedings are commenced.

There are the following protections for landlords facing applications for banning orders:

Before applying for a banning order the authority must give the person a notice of intended proceedings.  This notice will inform the landlord that the authority is proposing to apply for a banning order and explain why.

The notice will also stating the length of each proposed ban, and invite the person to make representations within a period specified in the notice of not less than 28 days.

Once the notice has been issued, there are the following obligations:

• The authority must consider any representations made during the notice period.
• The authority must wait until the notice period has ended before applying for a banning order.

A notice of intended proceedings may not be given after the end of a period of 6 months.  This period begins with the day on which the person was convicted of the offence to which the notice relates.

What happens if a landlord breaches the banning order?

Breach of a banning order is a criminal offence.  It carries up to six months imprisonment and an unlimited fine. It is also highly likely that confiscation proceedings under the Proceeds of Crime Act 2002 will follow to recover income derived in breach of  banning orders.

How we can help you as a landlord

This type of law illustrates perfectly the often-hidden consequences of a criminal conviction.  To represent people properly, it is not enough that a solicitor understands only the main offence.  Any solicitor you choose will need a wider appreciation of the effects on a defendant.  Once these are understood, they will be fully considered during the planning of your defence.  As a result, it may not be the solicitor who handles a landlord’s property matters who is best placed to handle a criminal investigation.

Our highly experienced team can assist you in navigating the initial criminal proceedings that can give rise to the banning order application.  We also understand confiscation proceedings and skilled in the practice of negotiation with public bodies.

As a result, we will help you work towards the most favourable resolution in your case.

Contact crime and regulatory solicitor Martin Hadley

Contact crime and regulatory solicitor Martin Hadley on 0115 9599550.  Alternatively you can use the contact form below.  You will then be able to discuss any allegations of criminal conduct arising out of your business as a landlord.

We will be able to provide you with free and independent legal advice if you are interviewed by the police, whether as a volunteer or under arrest.  This is because be have a contract with the government to provide criminal legal aid.

Martin will discuss with you your options for funding any interview with the local authority or court proceedings.

Category Archives: News

It is possible to appeal against a Crown Court sentence to the Court of Appeal.  The appeal process can be complicated depending on the individual case, so this article can only ever outline the basics of the appeal process.

If you require advice in relation to your specific appeal then our contact information can be found here.

You should know the range of sentences likely in your case

In cases that we deal with on behalf of clients facing Crown Court proceedings we will have ensured that all of our clients are given an early indication of the likely sentence range.   This advice will include the potential sentence depending on whether there is a guilty plea or conviction after trial.

In some cases we will be able to be relatively precise as to what might be expected.  In others cases, however, the range can be quite broad.  In some rare cases it can be ‘anyone’s guess’ only because the case is so unique.  Generally speaking, mainly where there are sentencing guidelines in place, we are very good at preparing our clients for the likely outcome.

Unfortunately, things do not always go to plan. For example, evidence may change during the case making it a lot more serious than originally thought.  Of course, some clients receive the benefit of the evidence changing in a way that favours them.  Sometimes the Judge may take a different view of the case, or, and this happens despite what appear to be clear sentencing guidelines, the Judge falls into error and makes a mistake when sentencing.

First steps in an appeal against a sentence

In all cases, following sentence, there should be clear advice on appeal. This will normally be given verbally, but you can have it in writing if you request that. In more complex cases it is usual for the advocate to set out in writing why an appeal is or is not appropriate.

If your Crown Court advocate is able to provide a positive advice on appeal, then you will have the opportunity to discuss that with us.  We will hen take the necessary next steps on your behalf.

In cases where an appeal is not thought to be viable, again we will provide full advice to ensure that you understand the reasons for this decision.

What are the grounds for appeal against a Crown Court sentence?

There is a margin of appreciation in sentencing.  This means that the Court of Appeal will not interfere merely because it would have chosen to sentence differently.

There are, perhaps surprisingly, thirteen distinct grounds for appeal.  They break down conveniently into two broad labels.  For the Court of Appeal to intervene the Crown Court sentence must be either

• Wrong in principle; or,
• Manifestly excessive

All appeals are considered initially by a Single Judge.  They will decide whether the case appears to have merit or not. If that Judge refuses leave to appeal on the basis that they believe the case is not properly arguable we will discuss the next steps with you.

If I am told not to appeal against a Crown Court sentence, can I ignore that advice?

A person can chose to ignore the advice received.  Any such decision should be discussed with us in advance because there are risks in proceeding with an appeal that is without merit.

The Court of Appeal can impose costs.  In some cases it will also make a ‘loss of time direction’.  This means that a release from prison at the end of any sentence will be delayed.  This is delay is often in the region of 14 to 42 days.

How long will the appeal take?

The length of time will depend on the complexity of the case and the listing requirements of the court.  Priority is also likely to be given to those facing shorter sentences that can be successfully appealed.  In some cases where a person has received a short prison sentence, there is a procedure to expedite an appeal.  In some cases, these can be heard within a few days.

Aside from such cases, appeals against a Crown Court sentence will be typically heard within six months of being lodged with the court.

Can I get bail pending an appeal against a Crown Court Sentence?

Bail is seldom granted in cases before the Court of Appeal.  The usual remedy to any injustice is for the Court to expedite the appeal hearing in cases where this approach is merited.

Where will the appeal be heard?

Most appeals are held at the Court of Appeal in London, although occasionally the court sits at regional Crown Court centres. If you are in custody, you will typically be present via video-link, or if on bail you can attend the hearing in person.

Court of Appeal judges will hear the case, and you will be represented by an advocate at the hearing. In some cases, the prosecution is also present, but not always.

When will I find out the result of my appeal?

In most cases, the result is announced at the end of the hearing. If complex issues are involved, then the decision might take a few weeks longer.

If I wasn’t represented by VHS Fletchers can you advise on appeal?

The simple answer is ‘Yes’.  We would be happy to discuss your case. In some cases, legal aid will be available for the provision of this advice.  This will be subject to a means and merits test.

Contact a Criminal Law Specialist

Whether you wish to discuss an appeal against a Crown Court sentence or wish any advice relating to any matter of criminal law then please contact your nearest office.

Alternatively, use the contact form below.

Category Archives: News

“Revenge porn”, more formally known as the offence of disclosing private sexual images, is the criminal act of posting online intimate sexual pictures/video of a person without their consent.

It carries a potential prison sentence of up to 2 years.  We await the outcome of the consultation into a sentencing guideline for this offence.

Revenge porn used to cause maximum distress

In the meantime, however, it is clear that the most serious type of revenge porn will be conduct that is intended to maximise distress.  This might be where images are sent to  victim’s family who are very religious, or to a victim’s young siblings.  Offending that involves setting up fake internet profiles purporting to be the victim and inviting abuse or sexualised contact from strangers will also be treated very seriously.

At the other end of the sentencing range will be impulsive posting of revenge porn or where the offending is by those affected by a mental disorder or learning disability.

Aside from the manner of the offending, a court will also consider level of harm caused in any particular case.  Where very serious distress has been caused, or a victim is particularly vulnerable, or there had been a very real practical impact on a victim then these factors will all increase the seriousness of the offence and therefore the sentence.

Such cases will include instances of images being posted a victim’s business website, or circulated to business contacts.

Case Study

The offender and the victim had briefly been in a relationship which ended acrimoniously. He sent the victim an email which contained a naked picture of her and said he would post it on social media to
‘teach her a lesson’.

She discovered that he had created a false account in her name and used the naked photograph as the profile picture. He had also posted three other intimate photographs of her. The false account had been used to contact 12 of the victim’s friends. She contacted the social media company and they agreed to close the account but this took two days.

A few weeks later B set up another false account in the same way and then he used a different social media platform to send the photograph to some of the victim’s work colleagues.  The victim and her friends contacted the social media companies and eventually had the photographs removed. In total the naked picture of her was live on social media sites for 18 days.

The victim reported that the incidents had left her feeling extremely embarrassed and anxious.

The offender made admissions in police interview and pleaded guilty at the first opportunity.   On the proposed guideline he could expect a sentence of 20 weeks immediate imprisonment.

Another reason to think twice about revenge porn

If the prospect of a prison sentence is insufficient deterrent, a recent case shows that there is another good reason to think twice before exacting this type of revenge on a former lover.

Celebrity vlogger Chrissy Chambers took the matter one step further in launching an action in the High Court designed to secure no further infringement of her rights as well as substantial financial damages.

Her ex-partner allowed six sexual videos to be uploaded to the adult site redtube.com.  Ms Chambers was identified by name in three of those videos.  The videos were filmed in her home, but without her consent, and showed sexual activity between her and her then partner.

She argued in court that this conduct had caused her ‘serious distress’ resulting in post-traumatic distress disorder.

In the 19 months that the videos were online a large number of people had viewed them, including some people who wrote to her expressing their displeasure at the belief that she was ‘intentionally involved in pornography’.  These viewers were affected to such a degree that they did not wish to continue watching her YouTube channel.

High Court Financial Settlement

In a settlement agreed by the High Court on 18th January 2018, her partner accepted that the posting of the videos was in breach of confidence, misuse of private information and a breach of her Article 8 rights (the right to privacy).  To provide future protection, copyright in the videos was transferred to her.

While this is not the first action of its kind (singer Tulisa Contostavlos brought a similar case in 2012), it is notable that Ms Chambers has actively sought publicity about this case, when she could have chosen anonymity.

The legal action was funded by way of a crowd-funding campaign, itself designed to raise public awareness of this issue.

By doing so, she has put this issue into the public domain, and it may well act as a deterrent to those thinking of doing something similar in future.  It is also a reminder to victims that there could be an easy route to substantial damages, provided of course that the person committing this unlawful act has the means to pay them.

Contact us for specialist legal advice about disclosing private sexual images

It may be that you acted without thinking, or it may be that you are not responsible for the offending.  Either way, we will be able to provide you with advice and representation whether your case is a guilty plea or will be prepared for trial.

Please contact one of our experts in criminal law at your nearest office.  Alternatively you can use the contact form below.

Category Archives: News

A great many people are subject to restraining orders made under the Protection From Harassment Act 1997.  The orders are designed to protect people from harassment and are commonly made in so-called ‘domestic violence’ cases.  Advice is not given by the court at the time about how to discharge a restraining order.

Of course, life moves on.  It is quite common for old relationships to become re-established. If this should happen before a successful application is made to discharge a restraining order, the person subject to the order is at serious risk of committing a criminal offence.  The offence of breaching a restraining order carries a maximum sentence of 5 years imprisonment.

In other cases a restraining order may have, for example, geographic restrictions that are no longer appropriate.

Whatever the reason, there is a procedure to vary or discharge the order.

Is legal aid available to discharge a restraining order?

Legal aid may be available to a person subject to the order, dependant on a full assessment.

We also offer a competitively priced private client service.

Who makes the application to discharge the order?

The Act says that:

‘The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.’

This is important as it allows the person who is protected by the order to support or even initiate, any application to vary or discharge.

What are the criteria for discharge of the order?

There aren’t any statutory criteria for the court to apply, but case law sets out the following approach:

‘The only question on an application or further application, under section 5(4) of the Protection from Harassment Act 1997, to discharge [or vary] a restraining order made under that section, was whether something had changed so that the continuance of the order was neither necessary nor appropriate.’

It follows therefore that there really must be a compelling case to persuade the court to change its mind based on a change in circumstances.

Where the person protected by the order supports the discharge, the application is much stronger.  In this context the Court of Appeal has observed:

‘This is not a jurisdiction which can be used to prevent an adult from deciding who she wants to live with.  Although any person considering this case would consider that [HJ] is at serious risk of violence from the appellant, she has the right to live with him if she chooses.  It is to be hoped that she is genuinely aware of the risk she is running in doing that, but ultimately she is an adult and free to take those decisions for herself.  The law does not presently permit the criminal court to act to protect victims of domestic violence against the consequences of decisions of this kind which they freely make. Because of our level of concern for her safety, we caused the police to contact her very recently before this case was heard so that her wishes could be ascertained.  She told them unambiguously that she wants this order revoked.’

How we can assist with your application

Firstly we will take your instructions and advise you as to the chances of a successful variation of discharge of your restraining order.

If the application is to be made, we will meticulously prepare an evidence bundle and submissions for the court and present these on your behalf.

If we represented you in the original hearing then we will already have the information relating to your case.  If another firm of solicitors dealt with your case then we will be able to contact them to seek the papers relating to that case.

Please contact the office most convenient to you.  Alternatively you can use the contact form below.

Category Archives: News

On 31st January 2018, regulations bring into force sections of The Criminal Finances Act 2017.  These deal with unexplained wealth orders as well as various other related provisions.  They are intended to be used with existing civil recovery powers.

The purpose of the unexplained wealth orders is to allow for certain people who obtain property, which would ordinarily be beyond their obvious means, to be required to prove how they lawfully acquired it. This is, in effect, a reverse of the usual burden of proof where the prosecution must make a court sure of wrong doing.

Law enforcement agencies often have reasonable grounds to suspect that identified assets of such persons are the proceeds of serious crime. However, they are often unable to freeze or recover the assets under provisions in the Proceeds of Crime Act due to an inability to obtain evidence (often due to the inability to rely on full cooperation from other jurisdictions to obtain evidence).

Who can apply for unexplained wealth orders?

The authorities which may apply for such an order are:

• The National Crime Agency
• HM Revenue and Customs
• The Financial Conduct Authority
• The Director of the Serious Fraud Office
• The Director of Public Prosecutions

What happens if you are subject to an order?

If you are subjected to an order of this kind, you must provide a statement which does the following:

• Sets out the nature and extent of your interest in the property
• Explains how you obtained the property, particularly how any costs involved were met
• Provides details of any settlement if the property is held by trustees
• Sets out any other information about the property specified in the order

In addition to a statement, it may be necessary to supply documents connected to the property as required by the order.

What does the High Court need to be satisfied of?

Before it can make an order, the High Court must be satisfied that the following criteria are met:

• There is reasonable cause to believe that the person in question holds the property and that it is worth over £50 000;
• There are reasonable grounds for suspecting that this person’s known income (from lawful sources) would not be enough to obtain the property; and,
• The person in question is a politically exposed person (see definition below) or there are reasonable grounds for suspecting that they are or have been involved in a serious crime or someone connected to this person is or has been so involved.

A politically exposed person (PEP) is someone who is or has been entrusted with prominent public functions by an international organisation, a State other than the UK or another EEA State, a family member of such a person, a close associate or someone connected to them in another way.

Are any criminal offences created?

It is a criminal offence to knowingly or recklessly make a statement that is false or misleading in response to an unexplained wealth order. Doing so can result in two years’ imprisonment and/or a fine. This offence can be tried in either the Magistrates’ Court or the Crown Court.

What if I fail to provide the information?

Failing to provide the information, in full or part, may prejudice any civil forfeiture proceedings.

In some cases, an unexplained wealth order will be accompanied by an interim freezing order. This prohibits the respondent to the order and any other person with an interest in the property from in any way dealing with the property.

Property held outside this country

Where the property is thought to be in a country outside the UK, the Secretary of State may forward a request for assistance to the government of the receiving county. This can be a request to prevent anyone in that country from dealing with the relevant property and provide assistance in managing it as required.

Contact VHS Fletchers for specialist legal advice

To discuss unexplained wealth orders, or any other matter, please contact confiscation law solicitor Julia Haywood on 0115 9599550 at our  Nottingham office.  Alternatively use the contact form below for prompt expert advice.

Category Archives: News

In criminal law, we talk a lot about ‘character’.  This is, however, mainly in the context of ‘bad character’ rather than good character.  It is often the case that the prosecution will try to put previous convictions before a jury to persuade them of the defendant’s guilt. After all, the prosecution will say, if he’s done it before, he is more likely to have committed this crime too.

Of course, not all defendant’s facing criminal trial will have previous convictions.  In those circumstances the issue of ‘good character’ is likely to be important.

This will, of course, involve a reversal of the prosecution argument.  In cases where a person is of good character it will be said, therefore, that they are less likely to have committed the crime charged.

In fact the situation is much more complicated than that.  As a result we believe it is an aspect of case preparation that can often be overlooked.  This will be to the detriment of the person of good character standing trial.

What is the purpose of establishing good character?

For centuries, it has been accepted that evidence of the accused’s good character is admissible in criminal trials.  In more recent years, the courts have accepted that evidence of good character may be admissible:

• to bolster the accused’s credibility; and,
• as relevant to the likelihood of guilt.

How is good character established?

In most cases, good character is simply a matter of fact.  If a person has no previous convictions they will by definition be of good character.

But even then, a person may be deprived, at least in part, of their good character status depending on the nature of any evidence they have given.

Similarly, although a defendant may not start off with good character they may be able nonetheless to obtain a good character direction. This is often referred to as ‘qualified or effective good character’. A common scenario is where any convictions are either so old or so irrelevant to the matter before the court, that it would be unjust to take them into account.

Should character witnesses be called?

An essential part of establishing good character will be to consider carefully whether character witnesses should be called on your behalf. These will be people who know a defendant well and who will speak positively about them.

In choosing character witnesses, it is preferable to try and find people who will be highly credible themselves in the eyes of the court or jury.  They ought to be people who would not be willing to lie about a person’s character and qualities simply due to allegiance to that person.

Do I have to do anything?

It is critical that good character or qualified good character is not overlooked during case preparation. It is for the defence to formally establish good character and ensure that the issue is properly before the court for consideration.

Good character and appeals

If defence advocates do not take a point on the character directions at trial and/or they agree with the judge’s proposed directions which are then given, these are good indications that nothing was amiss. This means that attempting to cure any defect on appeal is unlikely to meet with success.

The Court of Appeal has held:

“…as a matter of good practice, if not a rule, defendants should put the court on notice as early as possible that character and character directions are an issue that may need to be resolved. The judge can then decide whether a good character direction would be given and if so the precise terms. This discussion should take place before the evidence is adduced. This has advantages for the court and for the parties: the defence will be better informed before the decision is made whether to adduce the evidence, the Crown can conduct any necessary checks and the judge will have the fullest possible information upon which to rule. The judge should then ensure that the directions given accord precisely with their ruling.”

What is the content of a ‘good character’ direction?

The actual direction to the court or jury depends on the exact circumstances of the case, but this is a typical full direction:

‘You have heard that the defendant is a man in his middle years with no previous convictions. Good character is not a defence to the charges but it is relevant to your consideration of the case in two ways. First, the defendant has given evidence. His good character is a positive feature of the defendant which you should take into account when considering whether you accept what he told you. Secondly, the fact that the defendant has not offended in the past may make it less likely that he acted as is now alleged against him.

It has been submitted on behalf of the defendant that for the first time in his life he has been accused of a crime of dishonestly. He is not the sort of man who would be likely to cast his good character aside in this way. That is a matter to which you should pay particular attention.

However, what weight should be given to the defendant’s good character and the extent to which it assists on the facts of this particular case are for you to decide. In making that assessment, you may take account of everything you have heard about him.’

In the magistrates’ court, the defence advocate should ensure that the legal adviser provide the magistrates’ with the correct advice on this direction.

How we can assist as criminal trial specialists

We believe in proactive defence work.  This means that we do not merely respond to the prosecution case.  At the same time we are taking all of the positive steps possible to build a strong case for your defence.

An example of a Magistrates’ court trial where good character was important can be found here.

Considerations about character, both good and bad, will be just one aspect of this case preparation, although it may be a significant one.

Any application for legal aid is likely to be assisted where a conviction following trial will deprive a defendant of their good character.

Please contact your nearest office to make an appointment to speak with one of our expert criminal lawyers.  The contact details can be found here.

Alternatively you can use the contact form below.

Category Archives: News

Confiscation law specialist Julia Haywood recently took over a client’s case post conviction.  Our client was involved in confiscation proceedings involving a benefit figure of over a million pounds.  He was not happy with the advice and representation he was receiving once the main part of the case was over.

It is often our experience that client’s may feel that their interests are not being properly protected after sentence, despite the fact that it may be that the outcome of any confiscation proceedings could be a more substantial punishment than the sentence for the offence.

In this case, our client had been referred on to this firm on recommendation from an existing client, the client citing out ‘Good reputation on Class A cases’ as one of the reasons why he wished to transfer to this firm.

The preparation of such cases are often complicated where our client is serving a sentence of imprisonment.  For example, here. he was initially at HMP Wandsworth but later transferred to HMP Highpoint North.

The application to transfer legal aid to us was not resisted, and the first task Julia undertook was to seek to amend the timetable to permit proper preparation of our client’s case.

Background to the confiscation proceedings

The background to the case was a conviction for conspiracy to supply drugs of both Class A and Class B.   There had been covert surveillance at agricultural premises, and following a raid cocaine was found that was initially valued at £1.5 million.  The cocaine had a total weight of 22 kg, packaged in individual blocks.  Our client was one of four co-accused.  At the point that we took over conduct of the case, one of the co-accused had been subject to a confiscation order with a benefit figure specified of £1 060 280.

Unfortunately, our client was very unclear as to what he had pleaded guilty to and on what basis.  It appears that he had followed advice that inevitably resulted in a significant loss of credit for his plea.  He received advice in writing that he had pleaded guilty to possession with intent to supply a smaller amount of Class A drug when he had in fact pleaded to the conspiracy on a full facts basis.  His case had been listed for a Newton Hearing, although this was later abandoned for reasons that were not immediately apparent.  Our client was serving a sentence of 11 years.

In order to ensure that the case was fully  prepared Julia visited her client six times prior to the final confiscation hearing.  Although some work had been undertaken on his behalf, in effect she had to start the preparation of his case from the very beginning.  Assertions had been made in documents submitted on our client’s behalf that had no legal basis.

Significant reduction of the benefit figure

The prosecution were claiming that our client’s benefit from his offending was £1.1m.   Once Julia had taken the opportunity to review all of the evidence in the case she was able to engage in negotiation.  Agreement was reached over a much reduced figure of £396K.

This reduction of £700K was likely to be extremely significant for our client over the longer term.  He did not have assets sufficient to pay the benefit figure in full.  As a result it would be open to the prosecution to bring the matter back to court each time it was discovered he had assets to direct that more money be directed to paying off the benefit figure.  As a result it was in his interests for the benefit figure to be as small as possible.

Extensive realisable assets

The position in relation to our clients realisable assets was also complex.  He had been self-employed.  Preparation of such a case where a person is in prison is always difficult.  This was particularly true as our client had been remanded from the time of charge.

He had significant assets that would be counted in the calculation of the ‘available amount’.  He owned his own home and three vehicles as well as a large amount of specialist camera equipment.  His partner, however, had left him following his arrest and taken all of his assets not seized by the police.

The prosecution was contending that these were tainted gifts  although our client would argue otherwise.  Julia was able to locate the ex-partner who attended court at the final hearing to confess what she had done!

There were further complicating issues involving substantial loans of many thousands of pounds to our client by his father.  Julia was able to put together a comprehensive history of where her client’s  money had come from.  Understandably this was not an easy task.

The value of the Realisable assets as an ‘available amount’ was finally agreed at £136K.  Julia identified a large sum of cash that had been seized by the police.  This had not been counted in the initial prosecution calculation.

Although in this case, our client lost what he had, there was a reasonable opportunity to rebuild his fortunes upon his release from prison.

Instruct an expert on confiscation proceedings

The outcome of any case is important.  In cases involving confiscation proceedings there will not only be a sentence to serve, but the potential for the additional punishment of loss of assets.

If you wish to discuss any aspect of your case then please contact Nottingham confiscation solicitor Julia Haywood on 0115 9599550.  Alternatively, use the contact form below.