Category Archives: News

This week from January 2018 provides a perfect illustration of the work undertaken by accredited police station representative Rob Lowe out of our busy Chesterfield office as he travels to provide expert police station advice.

Sunday

The week started with a visit to Chesterfield Police Station just after midnight on Sunday.  The the police decided this would be the ideal time to interview to a client who had asked for the duty solicitor.

Luckily, Rob was offered plenty of strong coffee which was very welcome, because he was there until after two in the morning.  He managed to get a few hours sleep before I was required back for 10 a.m. on the Sunday morning to provide a further three clients with police station advice in Chesterfield.  Again, these had asked for the duty solicitor.

Unfortunately, he was back home in time to see Arsenal lose!

Monday

Monday started with a further visit to Chesterfield police station to represent a client who was answering  police bail.   Although this was a second visit to provide free legal advice and representation to our client, there is no additional fee payable to us under the legal aid scheme.

Immediately after this, Rob represented a client who had been asked to attend the police station for a voluntary interview.  He had the good sense to have notified us the previous week that he would be attending the police station and would wish free representation under the legal aid scheme.

After dealing with that case, Rob got into his car and drove all the way up to Liverpool.  He met his client at the city centre police station at 6pm.  Again, he was attending voluntarily and had earlier informed Rob that the police wanted to interview him.

After that interview was completed, and the client had gone home, Rob wandered into the city centre for a bite to eat before travelling home through weather that was variously rain hail and then snow.  He managed to be tucked up in bed by 11 p.m.

Tuesday

Tuesday began with a trip to Mexborough police station.   This was to provide free and independent legal advice to a client who had attended for a voluntary interview.  Rob attended by prior arrangement, the client having contacted us in advance.

Rob was back in Chesterfield by lunchtime to represent another client at the Chesterfield police station.   Again, this client had attended for a voluntary interview.

After concluding advice in that case , Rob went down into the custody suite  to look after a client who had been to Court in the morning and had been represented by a colleague.  He was unfortunately arrested for further offences when he left Court, and he asked for VHS Fletchers at the police station to provide advice and representation.

Wednesday

It was the firms turn to be duty solicitor again on Wednesday.  Rob started the day by representing a client who had asked for the duty solicitor at Chesterfield Police Station.

A colleague then told Rob that a further client, who had been referred to us by a friend of his, was coming to the police station at 12 noon for a voluntary interview.  He was met by Rob at that time and advice was provided accordingly.

Another case was in the cells also ready for interview at 12 noon, so a colleague was drafted in to provide advice in that case so that there was no delay to the interview for that client.

Once the voluntary interview was finished, Rob made his way over to Ilkeston police station to act as an agent for a firm of solicitors in London.  They had a client who was attending for a voluntary interview but were unable to make the journey up to Derbyshire.  Rob was was back home for 7:30p.m. for another late tea.

Thursday

Thursday started early due to the need to provide advice at Sheffield City Council offices.  Rob represented a client who was being interviewed under caution for an allegation relating to improper use of a blue badge.

Rob then made his way back to Chesterfield Police Station to look after a client in custody who had been arrested and asked for representation from VHS Fletchers.

Rob made it home on time for a change, although this period of calm did not last long.  He chose to assist a colleague who was on call by providing advice and assistance to a client who was being interviewed at Chesterfield police station.

Friday

Rob was not required at the police station on Friday.  This provided a welcome opportunity to ensure that all of his paperwork was up to date from the week’s police station attendances.

Saturday

On the Saturday, Rob rested.  Within the last seven days, Rob had provided free and independent legal advice to sixteen different clients.

In January alone Rob has attended ten different police stations in January –  as well as Chesterfield, Rob has visited

• Grantham
• Clay Cross
• Ripley
• Hucknall
• Mansfield
• Eastwood
• Liverpool
• Mexborough
• Ilkeston

and one council office.  The list will no doubt be even longer by the end of the month.

Contact us for free and independent police station advice

As we hold a legal aid contract we are able to provide our clients with free and independent legal advice when they are interviewed by the police.  This remains the case whether a suspect is a volunteer or under arrest, whether the interview is in a police station or at another place such as their home.

Police interviews are important.  What a suspect says or doesn’t say can help in the decision as to whether court proceedings should follow an interview.  As a result it is important that a suspect seek police station advice before answering questions.  Other reasons to seek legal advice can be found here.  We can help you decide if, and how, you should answer police questions.

Rob can be contacted at our Chesterfield office.  Details of all of our offices can be found here.  All of our telephone numbers are answered 24 hours a day, 7 days a week to ensure that you receive our expert police station advice when you require it.

Alternatively you can use the contact form below.

Category Archives: News

In many cases involving confiscation proceedings, the conversation in conference between solicitor and client may go as follows:

Client: ‘What am I looking at?’

Solicitor: ‘Around 12-15 months, suspended if you are very lucky.’

Client: ‘Oh, I can live with that!’

Solicitor: ‘But there is something else?’

Client: ‘What?’

Solicitor: ‘You are likely to lose your money and your car and have to sell your house.’

What are  confiscation proceedings?

At its most simple it is the process by which those convicted of particular crimes are deprived of their benefit from those crimes.

So, for example, a particular client might steal £20,000 from her employer and spends it on a luxury holiday and new electrical items.

The proceeds of that crime is £20,000.  This is her ‘benefit’ from the crime.  She can expect a confiscation order to be made in that sum.

Are confiscation proceedings fair?

Although the process seems straightforward and fair in confiscation proceedings such as the one above the situation is more complicated than that.  For example, the the £20,000 from the confiscation order above  will not go to the employer.  Instead it will go to the state.

The court may also, however, make a compensation order in the sum of £20,000 to repay the employer for their loss.

So, Jill will have to pay two lots of £20 000, a total of £40 000.

Quite possibly if she has the assets.

The potential for unfairness in confiscation proceedings

The situation can be a whole lot worse for some defendants.

For example, a client might steal a Porsche worth £130,000.  He is caught a few hours later by the police.  The the car is recovered undamaged and it is returned to its owner.

The ‘benefit’ in his case is £130,000 (the value of the car).  This is the case even though the car has been returned to its owner within hours.

Examples from real confiscation cases

The examples above are all from real confiscation proceedings.  While the results outlined do not always follow, the problem for defendants is that confiscation proceedings are  ‘draconian and intended to be draconian’.

Certain convictions trigger what are known as the ‘lifestyle provisions’.  This means that the finances going back many years will be subject to investigation for those convicted of a relevant offence.  Unless a defendant can establish that the income was lawfully obtained, any unexplained monies will be at risk of being added to the ‘benefit’ figure.

Should you care if you don’t have any assets?

The benefit figure will still be determined even for defendant’s who don’t have any money or other property.  If, for example, they come into some money at a later date the prosecution can ask the court for that money.  This might include an inheritance, a pension lump sum or equity in a property that did not exist when the original order was made.

Any property of value can be seized in order to satisfy a confiscation order, and if the court believes that you can pay the order, and you fail to do so, you can be sent to prison in default.

The process can be very complicated

It is in very many cases.  This , and we haven’t even mentioned gifts, hidden assets, corporate veils or Article 1 of the First Protocol of the European Convention of Human Rights.

The real punishment felt by an offender may not be the headline sentence but instead the financial penalty that flows from a confiscation order.

The rules are incredibly complicated.  We will often find fundamental errors and assumptions being made by financial investigators. Basic errors can lead to incorrect calculations amounting to many tens of thousands of pounds.

In some cases, we can argue that the making of a confiscation order is so disproportionate that to do so would be unlawful.

As a result, before entrusting your case to any other solicitor you will want to ensure that they are up to speed not only on the basics of the offence with which you have been charged, but also in relation to the confiscation proceedings that are likely to flow following conviction.

Contact a specialist in confiscation proceedings

If you wish expert advice in relation to confiscation proceedings then please contact criminal solicitor Julia Haywood based at our Nottingham office.  She provides nationwide advice and representation in relation to such cases.

Please call her on 0115 9599550 or use the contact form below.

Alternatively she can be contacted by letter at our Nottingham office.

Category Archives: News

One of the most serious offences that can come before a court is ‘perverting the course of justice’, this is because it strikes at the very heart of the justice system.  Such offending includes taking points for someone else.

Due to its seriousness, immediate custody almost always follows, yet there are a surprising number of people who commit this offence, thinking that they will easily get away with it.

“Offences of perverting the course of justice are intrinsically so serious that they will almost always attract an immediate custodial sentence unless there are exceptional circumstances justifying a different course” (R v Cronin (2017)).

Know a family member sitting on nine penalty points?

The scenario is a common one.  One person in the family already has 9 points on their driving licence.  A Notice of Intended Prosecution drops through the door in relation to a further road traffic offence.

The new road traffic offence on its own is likely to be relatively minor.  It will only result in 3 penalty points and a modest fine. But, in this instance, due to the previous points on the licence, it may well result in a driving disqualification.

It may be that another family member with a clean licence thinks about taking points for someone else.  The thought process might go – how easy would it be for another person to take the blame?  Abe made to name a relative abroad.   Who would possibly find out?

Of course, the first mistake here is the belief that you will not be caught taking points for someone else.

In reality, however, the police take a keen interest in these cases, and often it requires only a modicum of detective work to reveal the true offender.

The consequences of the offending

The consequences of taking points for someone else can be horrendous.  The points follow, as does the disqualification which now becomes a reality with no realistic prospect of arguing exceptional hardship.  Worst of all, two people are arrested, possibly in the early hours, in front of friends and family, maybe even young children.

And finally, a prison sentence follows.  All to avoid a few penalty points.

Considering taking points for someone else?

The irony of the situation as set out above is that in many cases the driving disqualification could have been avoided.  This is particularly true if early advice had been obtained from an experienced road traffic law practitioner.

Many otherwise decent hardworking people find themselves before the court through decisions made in panic. Before acting always seek advice.

Contact your nearest office to speak to one of our expert road traffic lawyers about your case.

Alternatively you the contact form below.

Category Archives: News

LIAR?

Liar, an important ITV drama from 2017, gripped the nation.  Early in the series people were reaching conclusions as to whether Laura, played by the actress Joanne Froggatt (better known for her role as Anna Bates in Downton Abbey), was telling the truth when she accused surgeon Andrew of raping her.

For most of us, this was a highly watchable drama.  We flip flopped between whom to believe.  Our perceptions changed over time by the sophisticated script and plot devices.

It is no surprise that some people formed an opinion after only one or two episodes because recent research demonstrated that half of the jurors might reach a guilty verdict before even going to deliberate with other jurors.

We know that people are on occasion willing to change their minds, just as you might when the plot unfolds.

It is vital therefore in cases alleging a sexual offence that a strong case is advanced from the start, laying a solid foundation for a successful defence.

Our Role

For our clients and their families, facing an accusation of rape or other sexual crime can be a horrendous experience. So, what is our role and how do we defend such cases?

Reactive and Proactive defence for a sexual offence

We always start with a reactive approach. The complainant states they were drunk, our client states they were in fact sober. We entered the bedroom uninvited says one person, we were invited in, says our client, and so on.

Viewers can build the start of a defence with this important work, but we do not have the benefit of the incident in question playing before us on a TV screen, with the truth revealed at the end.

Instead we have only the competing versions, and it might feel as if it is simply one word against another, and often it is unless you seek further evidence.

It is a proactive approach to case preparation which makes a difference. We always ensure that:

• All relevant witnesses are traced.
• Any CTTV evidence secured.
• Forensic evidence analysed.
• Background checks completed.
• Details of false allegations pursued.

and even, as alluded to already in Liar, any psychiatric issues are explored.

Some examples of recent cases that we have successfully concluded by Crown Court litigator Lisa Sawyer can be found here:

Sexomnia

Rape allegation defended

Historic sex case defended

We instruct a combination of in-house advocates and independent barristers to ensure you receive the best representation.

We also understand the personal toll legal proceedings will take on you and your family, and our caseworkers such as Lisa offer a compassionate and reassuring voice at a time when the future may at times appear very dark.

Our Services

The solicitors, Crown Court litigators and advocates VHS Fletchers Solicitors have decades of experience in defending cases of this type involving a sexual offence.

Before entrusting your case to anyone else come and meet us, get a feel for our work ethic, and ensure you are confident that you are receiving the best defence possible.

You only get one chance to get this right, so the alternative is unthinkable.

We offer private client services at affordable rates, and legal aid may well be available.

So, if you are arrested for, or charged with any offence, call your nearest office to arrange an appointment, or use the enquiry form below.

Category Archives: News

Despite all of the warnings, and many reasons not to, some people end up enticed into the world of so-called ‘recreational drugs’.

There are a great many substances that might properly be categorised as ‘recreational drugs’.  Popular substances include cannabis and cocaine. First use often occurs at a party.  Normal inhibitions may have been diminished by alcohol or the sheer fun of the occasion. Despite the apparent short-term joys that might flow from the use of a drug, the harsh reality will be felt for some for a long time after that.

This is the darker side of drug use, as seen through the eyes of the criminal justice system.  It is told through a series of case studies.

Sara’s drug driving conviction

‘Sara saw no harm in smoking a few joints of cannabis. If anything, she felt better than she had for a long time. She was never stupid enough to drink drive, but did not realise just how long cannabis would remain in her system.

But for the faulty brake light the police officer would not have pulled her over the next morning, would not have asked for a roadside drugs test, would not have arrested her and kept her in a cell for 5 hours and would not have charged her with drug driving and had her produced before a court.

But for her ignorance of the effect of drugs, she would not have been disqualified from driving for 18 months and would not have lost her job.’

Daniel’s caution for possession of ecstasy

‘If Daniel hadn’t been spotted by club security, nobody would have been any the wiser, but he was. The ejection from the club was not something that particularly bothered him, and receiving a police caution seemed like a slap on the wrist, of little consequence.

In the morning Daniel returned to his job, and normality resumed, until late Summer when taking the family to the United States for a well-earned summer holiday.

Little did he know that one simple caution for a drugs offence could have led to him being refused entry to the US and placed on the next flight home. Daniel hadn’t mentioned the nightclub incident to his family. Until now.’

Rachel’s caution for possession of cocaine

‘8 A* at GCSE, 3 A* at A Level, a first-class degree in medicine. Life was good for Rachel until she accepted a caution for possessing a tiny amount of cocaine. Rachel will never forget the arrest and police caution, not just because of how frightening and embarrassing the experience was, but because on each medical job application she completes, throughout her entire career, she will have to disclose it.’

How We Can Assist if you are arrested for recreational drugs

Regrettably, for us, stories like those of Sara, Daniel and Rachel are familiar.

If you are arrested for any offence please seek legal advice before being interviewed by the police. Minor drug offences are often dealt with by way of police caution, and it is tempting to try and get the process over with as quickly as possible.

In reality, however, despite what you may be told or think, asking for a solicitor not only costs nothing (as you qualify for legal aid) but does not delay your release from custody.

In many instances, it speeds up your release.  It also means that we can advise on the best long-term options for you.

We all make mistakes, but often the biggest mistake is not taking legal advice.

Contact your nearest office for emergency legal advice

Our advice and representation in police interview if you are spoken to about recreational drugs will be free of charge.  All of our office numbers are answered 24 hours a day 7 days a week.  The advice will be free whether you are interviewed while under arrest or as a volunteer.  You can find more about the benefit of legal advice generally here. 

You can find your nearest office here or use the contact form below.

Category Archives: News

There have been recent reports on the figures that have been released from the Home Office relating to those arrested for a terrorism offence.  The statistics revealed the following information:

‘The number of people arrested over terrorism-related offences in Britain has risen by 54% to 400 in one of the most intense periods for attacks in recent history. The Home Office said the increase in the year to September was due partly to the 64 arrests made after the attacks in London and Manchester, bringing the total to the highest number since records began in 2001.’

How do the high profile arrests end?

The initial arrests for a terrorism offence are often high profile.  They attract national media.  But what happens to those suspects when the TV camera crews have departed and the criminal justice system takes over?

The figures are highly revealing.   Out of the 379 people arrested for a terrorism offence in the 12 months prior to June 2017 the following outcomes were recorded:

• 32 % (or 123 people) were charged with an offence
• 49.9% (or 189 suspects) were released without charge
• 11 faced alternative action such as cautions
• 54 had been released on bail with enquiries not finalised
• 2 were pending decision a decision on prosecution

Of the 123 charged who had been charged, 18 were charged with offences other than terrorism offences. In relation to some of these defendants, the proceedings were later dropped or resulted in not guilty verdicts.

What does this tell us about terrorism offences?

Mostly it reminds us that, just as with any other offence, an arrest does not automatically equate to guilt. In the last year alone half of those arrested were released with no further action.

Although terrorism offences are a part of our general criminal law, you will still need to instruct a specialist with experience in this area of law to ensure that your case is properly advanced.

Criminal lawyers practising in this field require the highest levels of skill and knowledge to navigate not only complex legal principles, but also the political and other aspects of these incredibly sensitive cases.

Our lawyers at VHS Fletchers have experience in representing those facing such allegations in the police station and before the courts.

How we can assist on arrest or at court for a terrorism offence

You only get one opportunity to have specialist representation at a police station or court.  If you are facing terrorism-related accusations then contact us immediately and find out how we can influence the outcome of your case.

We provide nationwide advice and representation from our offices across the East Midlands.  Our independent advice will be free of charge to you in police interview.  We will always investigate whether you can receive the benefit of legal aid for any court representation.

Alternatively you can use the contact form below.

Category Archives: News

When the Director of Public Prosecutions Alison Saunders feels the need to write to a national newspaper to apologise for a prosecution failure in an individual case, something significant must have gone wrong.  The failure related to Crown Court disclosure of evidential material.

Of course, it might be thought a great pity that she chose to write to the newspaper first, rather than the person wrongly accused of rape.

So, what were the things that the prosecution and police got wrong in the case of Liam Allan?

Mr Allan was charged with multiple accusations of rape and sexual assault.  This is the type of case that juries throughout the country grapple with on a daily basis.  It would no doubt be a challenge for jury members in any circumstances.

Jury trial for serious sexual offences

First the jury would hear the complainant in alleging that she was a victim of serious sexual crime.  The jury would then hear the position of the young man in question who had always stated that that it was all consensual.

As most sexual encounters happen in private, as lawyers we will often face cases where the case involves the word of one person against another. Can there be smoke without fire?  Why would the allegation be made in the first place if untrue?

But what if the key to ‘solving’ the issue of whose account was correct was sitting in phone records that had already been obtained.  All that was required was that people simply do their job. That was the situation in the case of Liam Allan.

After the alleged crime, the complainant sent a series of text messages to Mr Allan asking for more sex. The messages disclosed, in fact,  that she wanted violent sex.  She spoke about wanting to be raped. Even worse here, in a further round of texts, she made clear to a friend that no crime had been committed by Mr Allan.

This is the type of evidence which should hole a case below the water line, leading to the end of a prosecution.  In this case it did, but only after two years. Mr Allan understandably described this period as a ‘living hell’.

Failure to disclose text messages

The sadness, in this case, is that it could have been avoided.  This is because Mr Allan raised the issue of text messages in his police interview.  His account was ignored.  Instead, the officer in the case went on to also ignore clear guidelines on Crown Court disclosure.  Although the police had the text messages he did not bring them to the attention of the prosecuting barrister.

It was only a very late intervention, three days into the trial, that uncovered what the police had known all along, that Mr Allan was innocent. So, in the end, all’s well that ends well.  Commentators might argue that the system works.  For Mr Allan, it will be a long time indeed before the scars of that period heal.

While we would wish to provide you with the assurance that Mr Allan’s case is a ‘one-off’, we cannot. The issue of disclosure has been a fundamental problem in the area of criminal justice for decades.  This point has been illustrated by dozens of high profile miscarriages of justice.

It would appear likely that these cases must only be the tip of the iceberg.  Every single day the liberty of people standing trial is put at risk due to failures within the disclosure process.

Ensure you receive proper Crown Court disclosure of evidence

Because we are acutely aware of these problems and the risks to your case of a failure of Crown Court disclosure, all of our staff work relentlessly to ensure that all relevant evidence is revealed by the police and the prosecution.

From first police disclosure, right through to trial applications, we do not rest until satisfied that cases of our clients are prepared to the very highest of standards.

Instruct an expert crown court litigator

We provide nationwide advice and representation from our six offices across the East Midlands.  Please contact your most convenient office to make an appointment to discuss your case.

Alternatively you can use the contact form below.

Category Archives: News

Jury Trial – How Your Fate is Decided

A lot is said in the country about the benefits of a jury trial as opposed to trial before the Magistrates’ Court.  It is argued that leaving a decision as to guilt or innocence in the hands of twelve people chosen at random is the fairest way to securing justice.  How does a jury decide your fate?

There is a lot that we do not know about a jury trial

The process of how a jury reaches its decision is generally unknown however.  Laws prevent us from examining real jury decisions and questioning jurors on their findings.

Although there have been lots of academic studies, in reality these shed very little light on the process of the decision making.

We do know the legal process that guides them in their decision making.   Despite the lack of ‘hard proof’ as to the effectiveness of a jury trial, most lawyers actively support trial by jury.

The internet age

The power of Google and social network services such as Facebook or Twitter can present challenges.  Recent publicity has highlighted cases in which jurors have sought information about a case or a defendant from these sources.

There is a good reason why certain information is withheld from a jury.  This might include, for example, previous convictions of a defendant.  Going behind explicit instructions not to discuss evidence with anyone other than a fellow juror when the jury is assembled, or seeking information from external sources, undermines the integrity of a jury trial.

For this reason, jurors will be given clear warnings throughout the trial process.  The breaking of the rules can lead to a prison sentence for a juror.

A trial starts with twelve jurors

A jury trial will  always start with twelve jurors.   The trial can’t start with fewer jurors.

There are many reasons, however, leading to a trial not always finishing with twelve. Jurors may become sick and be unable to return.  In some rare cases they may be removed from a jury due to some misconduct during the trial. As long as the number of jurors does not fall below nine then a lawful verdict can be reached.

The unanimous verdict

At all times, the Judge presiding over the trial will be seeking a unanimous verdict from the jury.  This is a verdict upon which all of the jurors are agreed, whether that is guilty or not guilty.

In the early stages of jury deliberation a Judge is prevented by law from accepting a majority verdict.  There will, however, be a time when a majority decision is permissible. The timing of when that will be will depend very much on the facts of the particular case.

When a majority verdict becomes permissible the jury will be brought back into court by the judge and advised accordingly. Even at that stage, however, the jurors will be asked to continue to try and arrive at a unanimous verdict if that is possible. If this is not possible, then a majority verdict will be acceptable.

Deadlock

In some cases it will become apparent to the Judge that the jury cannot reach a verdict, even a majority one. The Judge will often find this out because the jury will write a note explaining the situation. The contents of that note will usually not be shared with the advocates.  This is because it will often  ‘contain numbers’, meaning how many jurors are voting one way or the other. Such notes remain confidential in all jury trials.

When a deadlock occurs the judge will provide them with a ‘give and take’ direction.  This calls upon all of the  jurors to use their collective wisdom to reach a decision.

The Decision reached

If the jury reaches a unanimous verdict then the issue is settled.  If not, and the time is appropriate for a majority verdict, a majority may be acceptable.

Whether a majority verdict is acceptable depends on the balance of votes.  This will in turn depend on how many jurors remain deciding the trial.

The combinations are:

• Where there are 12 jurors: 11 – 1 or 10 – 2
• If there are 11 jurors: 10 -1
• When there are 10 jurors: 9 – 1

Where the jury falls to nine jurors, only a unanimous verdict will be acceptable.

If the verdict is not guilty, the defendant is free to leave court assuming that there are no other matters remaining to be dealt with. When the verdict is guilty, the judge will move on to consider sentencing the defendant.

Back to deadlock?

In the cases where, despite further deliberation, it becomes clear that the jury is deadlocked then the jury will be discharged.  The trial will be over.

In these circumstances, the prosecution may either proceed with a new trial or abandon the trial.  This may be because the trial has exposed weaknesses in the prosecution evidence.

How we can assist in your case

We know that the trial process can be difficult,  both for our clients and their families. We will work hard at all stages of that process to explain what stage has been reached, what is going on and what will happen next.

It is your case and you ought not to be reduced to a mere bystander as the legal process occurs around you.

Because we are experienced trial lawyers, we do not lose sight of the person behind the proceedings.

Contact an expert lawyer for a jury trial

We offer Crown Court advocacy and litigation expertise from all of our six offices across the East Midlands.  While we are most regularly preparing cases to be heard before Nottingham and Derby Crown Courts we provide nationwide coverage.

You can find your nearest office here.  Alternatively you can use the contact form below.

Category Archives: News

Nottingham crime solicitor Nick Walsh represented a client appearing before Nottingham Magistrates’ Court charged with permitting her premises to be used for the cultivation of cannabis.

No legal representation in police interview

She had not chosen to seek free and independent legal advice in her interview with the police.  She had made admissions to the offence and had told the police that she had been promised payment by those growing the cannabis.

At the time of the offence, Nick’s client was 19 years old and had never been in trouble with the police or the courts.

Cultivation of cannabis valued at £15 000

The prosecution valued the cannabis as having a resale value in small deals of £15 000.  The sentencing guidelines relevant to this offence of permitting her premises to be used for the cultivation of cannabis suggested that the starting point for the court when considering sentence was a prison sentence of 12 months.  Although our client could expect a reduction for the fact that she had not been in trouble before and because of her early admissions the court would still be considering custody.

Substantial personal mitigation

Nick spent the time needed to discover that his client had substantial personal mitigation.  She had been put under pressure to allow an ex partner to grow cannabis in the loft.  She believed that there were only five plants.  When she found out the true scale of the operation she became very frightened.  She had considered telling her dad.  However, she had been threatened that if she did both she and her child would be in danger.

She was also told that if the drugs were lost as a result of her actions then she would incur a drug debt to the value of the drugs.   Once the police had seized the drugs our client left her home and was homeless.  Despite this, she had gone on to complete her college course and found a job.

Powerful and persuasive advocacy

Through Nick’s persuasive advocacy, the court felt able to depart significantly from the sentencing guideline.  Instead of a prison sentence, or a suspended sentence order or community order, the court imposed a conditional discharge for two years.  This means that unless she commits a further offence during that period she will not be punished for allowing her premises to be used for the cultivation of cannabis.

Instruct a Nottingham criminal defence solicitor

If you know that you are to be interviewed by the police, either by appointment or following arrest, always make sure that you ask for a VHS Fletchers criminal lawyer to represent you.  Our advice is independent of the police and always free of charge.  You can read more about the benefits of having legal advice here.

Legal aid is available for your representation before both the Magistrates’ and Crown Court.  We will advise you on whether you will be entitled and if not investigate other ways of funding your case.

Contact us on 0115 9599550 24 hours a day, 7 days a week for police station advice.  Contact us during office hours for an appointment to see one of our criminal defence lawyers.

Alternatively, use the contact form below.

Category Archives: News

Nottingham criminal defence solicitor Nick Walsh recently represented a client who was in her sixties and of good character.  She was charged with an assault by beating.  The alleged victim was her neighbour, a male in his twenties.  Cross allegations were made.

Neighbour dispute with a history of complaints

The background to the allegation was a history of complaints being made to the police by both parties.  On this occasion it was alleged by the neighbour that he had been walking past our client’s address.  As he did so she had shouted abuse from her window.  She called him over to her window.  When he approached and asked what she wanted it was said that she punched him in the face causing injury.

Free and independent legal advice in police interview

Nick’s client sought our free and independent advice in police  interview.  Having taken that advice she chose to answer questions.  She admitted hitting her neighbour.  Our client maintained, however, that this was because he had approached her, both drunk and abusive, and she thought that he was going to hit her.

She then went on to tell the police about an incident that had taken place the following week.  His behaviour had been similar, but fortunately another neighbour had intervened to protect her.

Despite these denials, her age and lack of convictions, the police chose to charge our client.  As is often the case the police failed to investigate the allegations that our client made about the complainant.

Nick’s client appeared at Nottingham Magistrates’ Court.  She entered a not guilty plea and the case was adjourned for trial.  In the meantime Nick traced the neighbour who had assisted during the second incident.

Cross allegations investigated with our help

As a result Nick advised his client to make a further  complaint to the police.  He helped her in making contact with the police and reminded them of their duty to investigate her complaint.  As a result the police were finally persuaded to interview the neighbour in relation to the second incident.  Bearing in mind this allegation was supported by an independent witness, the complainant was charged and became a defendant in these separate proceedings.

Successful written advocacy

Prior to trial Nick was able to make representations to the Crown Prosecution Service.  He argued that the second incident was very important.  It left the credibility of the complainant in ruins.  The prosecution accepted that he had behaved as described in the second incident.  Nick’s client’s defence was that he had behaved the same way a week before.  As a result, he suggested that there was no longer a reasonable prospect of conviction.

The prosecution accepted this argument and discontinued the prosecution of our client.

Instruct a Nottingham Criminal Defence Solicitor

If you face charges before the court you will want to instruct an expert defence solicitor who is alive to the possibilities of written advocacy as well as the usual advocacy involving speaking in court.

Although this was a case where there may well have been a successful outcome at trial, we know that the sooner a case can be resolved in a client’s favour, the better for them.  As a result, rather than wait for the trial date, Nick ensured that the prosecution had no alternative but to discontinue the case once the cross allegations were made.

You can contact our Nottingham office on 0115 9599550 24 hours a day, 7 days a week, for emergency free and independent advice and representation in the police station.  Alternatively, contact us during office hours to make an appointment to see on of our solicitors.

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