Category Archives: News

Chesterfield motoring solicitor David Gittins successfully represented a client appearing before Chesterfield Magistrates’ Court for being drunk in charge of a motor vehicle.

You can read information about this offence here.

The guideline penalties upon conviction can be found here.

Our client accepted that he was over the drink drive limit.  He had been found in the driver’s seat of the vehicle.  He stated, however, that he had no intention of driving the vehicle.

Using his extensive knowledge, Chesterfield motoring solicitor David Gittins instructed an expert, sought defence witnesses and ensured the acquittal of his client.

Client alleged to be drunk in charge

Our client was seen asleep by the police at around 9.30am on a Sunday morning.  He was sat in the driver’s seat of a car. The police stopped and could see that the engine was running. Upon speaking to him it was also noticeable that he was under the influence of alcohol.

The client was arrested as he was found to be over twice the drink drive limit.

The police charged our client without interviewing him.  They believed their case was compelling and there was no need for his side of the story.

David took early instructions.  He established that our client had no intention of driving whilst still over the legal limit. He had driven to his brother’s house before heading into Chesterfield for drinks. He became separated from his brother and had no way of getting into the house he was parked outside. As a result, he had simply decided to sleep in the car with the engine on to keep him warm. The plan was that he would be collected by his father and taken for a Sunday dinner.  This happened weekly. He would have returned later in the day to collect his car and driven it once sober.

David knew that this account could amount to a defence if an expert confirmed that by the time he intended to drive he would be under the drink drive limit. The client would have to give evidence to the court that that was his intention.

Instructing An Expert

Such a defence, in this case, would need to be supported by an expert report confirming when our client would be under the legal limit to drive.

David tasked then-trainee Chloe Wright to instruct an expert asking for analysis of whether, on our client’s instructions, he would have been under the legal limit to drive at the point he intended to.  Our expert performed the calculation and our client would have been able to drive legally at the point he planned.

We obtained statements from our client’s brother with whom he had been out with the night before, and his father about plans for that Sunday.  Both witnesses agreed to attend court and give evidence.

The trial

David persuaded the prosecution to accept the evidence of our expert as it was not contentious.  The real issue for trial was whether the court accepted the evidence of our client in terms of when he intended to drive.

The prosecution presented its evidence which again was not challenged.  The defence case consisted of our client and his family members all giving evidence, as well as the agreed expert evidence.

The evidence given was credible and consistent between our client and the two witnesses.

The Magistrates listened closely and found our client not guilty.  Our client was delighted and was able to keep his driving licence.

Funding

In this case David’s client had the benefit of legal aid meaning he didn’t have to pay for either his legal fees or the expert reports. For more information on legal aid click here: Criminal Legal Aid Solicitors – VHS Fletchers Solicitors

In some circumstances Legal Aid may not be eligible for cases such as this. However, in those case competitive Fixed Fees can be agreed for VHS Fletchers to provide legal representation. Click here for more information about our Private Road Traffic Fees: Motoring Offences Fixed Fees – VHS Fletchers Solicitors

Instructing a Chesterfield motoring solicitor

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case as set out above.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.

Category Archives: News

VHS Fletchers Solicitors have 5 solicitors’ offices across the Midlands –  Nottingham, Derby, Chesterfield, Mansfield and Newark – staffed with specialists in the field of criminal defence work.

Whilst it will come as no surprise that these locations are situated close to local police stations and courts, the team of criminal defence solicitors at VHS Fletchers will happily travel much further to represent clients accused of criminal offences.

To give an example, within the last few months our Chesterfield criminal solicitors and accredited staff office have had many early mornings and late nights travelling the length and breadth of the country to provide our clients expert legal advice.

Places visited by our Chesterfield Criminal Solicitors

Those places recently visited by our Chesterfield lawyers and representatives include:

• York Police Station
• York Magistrates Court
• Lincoln Police Station
• Lincoln Magistrates Court
• Scarborough Police Station
• Huddersfield Police Station
• Leeds Youth Court
• Sheffield Magistrates Court
• Highbury Corner Magistrates Court (London)
• Margate Magistrates Court (Kent)

All of our clients involved in these cases had links to the Chesterfield area and didn’t want anyone other than Chesterfield solicitors who they can trust and build a professional relationship with.

As a result  they asked our Chesterfield criminal lawyers to travel and provide expert legal advice in a variety of criminal cases.  This included offences such as possession of a bladed article, conspiracy to supply drugs, driving whilst disqualified, breach of a Restraining Order, various Public Order offences and possession of counterfeit currency.

Further examples of the service that our criminal lawyers provide can be found here and here.

Instruct one of our criminal defence lawyers

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about how the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.

Category Archives: News

Controlling and coercive behaviour legislation

Controlling and coercive behaviour in an intimate or family relationship is an offence created under Section 76 Serious Crime Act 2015. It has a maximum penalty of five years imprisonment.

As this offence falls under the domestic abuse umbrella, the Code for Crown Prosecutions states “given the seriousness of Domestic Abuse offending, a prosecution will normally be required when the evidential requirements under the Code are met.”

Sentencing guidelines for the offence can be found here.

Our client’s case

One of our clients was charged with the offence of controlling and coercive behaviour.  He denied the allegation.  Unfortunately, despite our best efforts before the Magistrates’ Court he was remanded into prison custody pending his trial at the Crown Court.

Fortunately the allegation did not reach trial.  This was due to the expertise and persistency of Solicitor Advocate Denney Lau and  Chesterfield criminal defence solicitor Chloe Wright.

Chloe visited our client in prison.  She obtained detailed instruction from him.  These included the whole history of the relationship, his detailed version of events and details of defence witnesses.

From taking instructions it was revealed that our client had been receiving letters in prison from a ‘relative’.  It was in fact the complainant who was the author of the letters.  The false name had been used in order to bypass the prison checks.

Defence witnesses seen

Chloe contacted the defence witness on behalf of our client.  They  provided her with screenshots of messages that confirmed the origin of the letters.  They were also able to show that the complainant had also transferred money into our client’s prison account.  Signed statements were obtained confirming this detail.

We were then in a position to make representations to the Crown Prosecution Service regarding the credibility of the complainant and therefore whether there was a realistic prospect of conviction.  The prosecution were persuaded that the prosecution should not proceed.

As a result the case was brought forward into the Court list.  The prosecution offered no evidence.  The Judge entered a formal not guilty verdict, concluding the case and releasing our client.

This case perhaps clearly sets out the benefits of early case preparation.  Rather than wait for trial, we secured our client’s discharge from the proceedings at the earliest opportunity.

Instruct an expert in controlling and coercive behaviour allegations

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case as set out above.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.

Category Archives: News

The law relating to Football Banning Orders changed in 2022. The test for making a Football Banning Order used to be that one should be made when somebody was convicted of football related offences and a court was “satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at, or in connection with, any regulated football matches”.

That has changed so that now a court must make an order unless there are exceptional reasons for not doing so.

Prosecution guidance in relation to this area of the law can be found here.

Football Banning Orders are very draconian. Many people may think that they are limited to a ban on watching their own team play.  However, standard orders last for three years and they ban people from watching any league football matches.

People are banned from travelling to the towns where their team is playing.  Those subject to an order will also have to surrender their passports whenever England are playing abroad so be unable to travel themselves.

It is important to bear in mind that a Football Banning Order can be imposed without anything violent having happened. There is a long list of charges where such an order can be sought by the prosecution.

In our latest case, our client was interviewed as to inappropriate chanting at his local football ground. In interview he described his behaviour as indefensible. He was charged with disorderly behaviour.  He did not seek the benefit of free and independent legal advice in this interview.

Despite these admissions, one of our experts in defending football related offences, Jim Buckley,  defended him and secured an acquittal.

To be guilty of an offence of disorderly conduct it must be proved that the words used were within the hearing of a person likely to be caused harassment, alarm or distress.

The only witness was a steward with 23 years’ experience.  As a result it could be demonstrated that he was not personally affected by the chanting at all. The Court refused an argument by the prosecution that it could infer that other people there would have been affected in the way necessary to prove the offence.

As a result our client was found not guilty and was able to return to watch his favourite team.

It may be capable to learn lessons from this case study – firstly, be careful what you chant at a football match,.  Secondly, never be interviewed without legal advice.  Finally, even if you make that mistake with the right lawyer you may still win your case.

Instruct an expert in defending football related offences

You can read more about our football offence lawyers here.

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings for football related offences we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.

Category Archives: News

Back in the old days, football grounds may have been places where anything went.  Those who strove for better words often ended up using four letter words. Now, understandably, people watching football have to be more careful or risk allegations of a football offence.

Things looked bad for a lifelong Wolverhampton Wanderers  when he was arrested at the City Ground. Not only were Wolves a goal down but our client found himself in a police cell.

When Morgan Gibbs-White went down and claimed a penalty, our client was accused of shouting “get up” followed by a homophobic slur. Morgan Gibbs-White being a fair distance away.  However two policemen claimed to have heard the shout and our client was arrested for disorderly conduct.

VHS Fletchers were able to help having been contacted as Duty Solicitor. Experienced criminal defence solicitor Helen Lees, attended to provide representation at the 2am police interview.  Our client was advised and gave a full explanation setting our what he actually shouted.

Not guilty to football offence

He was charged with public order offence of disorderly conduct.  The prosecution was seeking  a three year Football Banning Order on conviction.  This would not only prohibit our client from watching any League Football for three years, but would have caused inconvenience whenever the England Team played abroad.  He would have had to surrender his passport in advance of any such game.

The prosecution guidance in relation to prosecuting football related offences can be found here.

Fortunately, one of our football law lawyers, Jim Buckley, was able to secure an acquittal at trial. In cross-examination the arresting officer accepted that in amongst a crowd of 28,000 people at a distance of 12 metres away he could not rule out having misheard the alleged abusive word.

A moral to draw may be not to shout anything that could be misinterpreted as abuse when at a football match.  If you make that mistake, don’t compound it by failing to seek free and independent legal advice in police interview.

Instruct an expert in defending football offences

You can read more about our football offence lawyers here.

Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.

If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice.  We will be present in your interview to advise through the investigation stage.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.

Alternatively you can use the contact form below.

Category Archives: News

This month, our Nottingham taxi licence solicitor Denney Lau successfully assisted Mr S in obtaining his taxi licence at a Nottingham council.

Mr S had his taxi licence revoked by the council 2 years ago and his application to another council was refused last year. At both previous committee hearings Mr S was unrepresented – highlighted how a taxi licence solicitor can assist with the chances of success.

Mr S had been a taxi driver for 15 years before having a brief confrontation with a Community Protection Officer for Taxi Enforcement.  Although no criminal investigation or criminal conviction resulted from this incident, having viewed the body worn footage, the original committee revoked Mr S’s licence on the basis that his behaviour meant that he was no longer a fit and proper person (Sections 51, 55, and 59 of the Local Government (Miscellaneous Provisions) Act 1976 (Part II).

Mr S then reapplied a year later but failed to disclose the previous revocation, resulting in the Council again deciding he was not a fit and proper person on the basis that he did not act with honesty and integrity throughout the application process.

Mr S sought assistance from our taxi licence solicitor, Denney Lau.  Mr S was advised of the law and the documents that were needed to provide to the committee.  Denney then produced a defence bundle and represented Mr S at the committee meeting in front of 13 councillors.

In the capacity of a taxi licence solicitor, Denney used his in depth of knowledge in taxi licence law and made strong and persuasive representations which resulted in the council granting the application.

Mr S was delighted with the result and that his livelihood can now resume once more.

Whilst taxi licencing matters are not covered under the Legal Aid Scheme our competitive rates allow us to provide a comprehensive service on your behalf.

We have offices across the East Midlands and provide nationwide advice and representation.  Find your nearest office here, or use the contact form to get in contact with one of our taxi licence solicitors.

Category Archives: News

As a firm we have had to react to changing circumstances over the last last few years.  This has resulted in us investing time and resources in an increased number of trainee solicitors.

Legal aid in crisis?

Once again the Government has ignored advice as to the financial difficulties legal aid firms face.  This advice included the necessity for an immediate and significant rise in fees to permit the sector to remain viable.

Instead, the Secretary of State, Dominic Raab, has imposed a real terms cut in fees against a background of fee levels that have been, at best, frozen since the 1990s.

The position is such that the Law Society has begun to advise that firms review their reliance on criminal legal aid work and begin to plan to withdraw from providing the service.

Recruitment and Retention crisis

The furlough scheme allowed criminal lawyers the time to re-evaluate there position, with many across the sector choosing academia, family law, the independent Bar or civil practice.

Perhaps the biggest threat to staff recruitment and retention has come from the Crown Prosecution Service who launched an aggressive recruitment campaign in January 2020.  Firms across the country have seen an exodus of staff to the prosecution that offers salaries that may not be matched in private practice and, on the face of it, a better work life balance.

Investment in trainee solicitors

In response to this combination of factors we have chosen to increase our investment in trainee solicitors specialising in criminal defence.  We know that the work will always be interesting and hope that those who apply will remain committed to what can be a difficult and challenging job but ultimately a rewarding one.

As a result we currently employ six trainees across our offices.

We ensure that they obtain their police accreditation so that they are able to provide advice and representation to those being interviewed by the police, under the supervision of solicitor and Higher Court Advocate Shannon English.  This ensures a consistency of approach to their training and allows them the pleasure of taking part in our out of hours’ rota.  Advice is provided to those in police custody 24 hours a day, 7 days a week.

Thereafter they learn the skills they need through hands on experience preparing cases that are due before the Magistrates’ Court, Crown Court and the Court of Appeal.

Our trainee solicitors will undertake the courses required for qualification, but will choose the options that are bested suited to a career in criminal defence including courses preparing them for securing their Higher Rights of Audience.

At the end of training period there is invariably posts available across our offices as an assistant solicitor, representing clients at the police station and before the Magistrates’ Court with the opportunity for career development to become a Solicitor Advocate representing those facing allegations before the Crown Court.

Meet our trainee solicitors

Kinga Nowak joined VHS Fletchers in June 2021, having initially completed a law degree in her native Poland before moving to the UK.  She took an access course in criminal law before completing her Law Degree at the University of Lincoln.   Following that Kinga completed her Legal Practice Course and Masters in Law at Nottingham Trent University.

Kinga will qualify in June 2023.

Declan Smith joined VHS Fletchers in July 2021, initially as a Paralegal at our Chesterfield Office before commencing his training contract.

He graduated from the University of Derby in 2020 with an undergraduate degree in law, before continuing his studies completing the Legal Practice Course in the spring of 2021 with the aim of qualifying as a solicitor.

Declan is to qualify as a solicitor in August 2023.

Danielle Lunn joined VHS Fletchers in July 2022 as a Trainee Solicitor at our Nottingham office.

Her undergraduate legal studies were completed at Manchester Metropolitan University in 2020, graduating with a first-class honours Law degree. She then went on to complete the Legal Practice Course and Master’s in Law at Nottingham Trent University achieving a distinction.

Danielle will complete her training in January 2024.

Chloe Wright joined VHS Fletchers in January 2022 as a Trainee Solicitor at our Chesterfield office.

Having graduated from Sheffield Hallam University in the summer of 2020 with an undergraduate degree in Law., Chloe then continued her studies at Leeds Beckett University, completing the Legal Practice Course in the spring of 2021 before completing a masters degree the following summer.

Chloe will qualify in January 2024.

Patrick Fisher, known to many as Paddy, joined VHS Fletchers in July 2022 as a Trainee Solicitor in our Derby office.

He completed his undergraduate degree in Law at Nottingham Trent University, graduating in 2021 with a 2:1 classification.

Following this, he went on to study for his Legal Practice Course and Master’s continuing with his studies at Nottingham Law School.

Paddy is due to qualify in July 2024.

Kirsty Gregson joined VHS Fletchers in January 2023 as a Trainee Solicitor at our Nottingham office.

Kirsty completed her law studies at the University of Leicester in 2021, graduating with first-class honours. Kirsty then completed her Legal Practice Course and Masters in Nottingham at the University of Law.

Kirsty will qualify as a solicitor in July 2024.

Future Plans

We will shortly be recruiting for at least one trainee post based at our Nottingham office and due to start in July 2023.  We will advertise the post as usual on Crimeline, and our LinkedIn, Facebook, Twitter and Instagram pages.

Please keep an eye on those if you are likely to be interested.

Category Archives: News

The use of intermediaries during criminal trials is becoming increasingly commonplace. An intermediary may be used to assist any witness, including a defendant, give evidence.

The functions of an intermediary

“Intermediaries are communication specialists (not supporters or expert witnesses) whose role is to facilitate communication between the witness and the court, including the advocates. Intermediaries are independent of the parties and owe their duty to the court.”

Directing the Jury

At the trial, before the witness or defendant gives evidence, the judge should explain to the jury the following:

• The need for an intermediary: e.g. by identifying the problems arising from the age or other difficulties of the defendant or witness.
• The purpose of an intermediary: which is to assist in communication, among other things by helping advocates to ask questions in a way the defendant or witness can understand and/or assisting the defendant or witness to communicate his/her answers to the jury.
• The intermediary is independent of the parties, is present only to assist communication and is not a witness and so is not permitted to give evidence.
• The use of the intermediary must not affect the jury’s assessment of the evidence of the defendant or witness and is no reflection on the defendant or witness.
• If the defendant elects to give evidence, it may be appropriate at this point to give more detail of any difficulties the defendant has, if those difficulties may affect the perception of the jury of the defendant’s evidence.

Assisting a Defendant

The current provisions concerning intermediaries are very much stacked in favour of assistance for prosecution witnesses, but case law makes it very clear that defendants are entitled to equal treatment.

Recent case law (e.g. Dean Thomas [2020] EWCA Crim 117) has placed further hurdles in the way of defendants seeking assistance, but we will always ensure that the legal rights of those we represent are fully protected.  Appropriate applications for an intermediary will be made where necessary.

Giving evidence is daunting for most people, but particularly so for defendants facing the considerable pressure of being accused of an offence that they deny.

You can be assured that we will always act to enable you to present the best evidence possible.

Advocates and litigators experienced in dealing with intermediaries and vulnerable witnesses

Our Higher Court Advocates Andrew Wesley, William Bennett and Denney Lau have all undertaken specialist advocacy and vulnerable witness training.

This involved learning the particular skill of planning questioning suitable to the characteristics of a witness or defendant, taking into account intermediary reports and suggestions.  It is potentially a difficult task to elicit correct facts from vulnerable witnesses where the ability to question is limited.

Our advocates will regularly use the Advocates’ Gateway Toolkit that provides assistance in identifying when a witness or defendant may be vulnerable, as well as helping in the formulation of questions for those who may have, for example, autism or a learning difficulty, or be vulnerable due to their youth.

Our litigators are experienced in identifying clients or their witnesses who may be vulnerable and benefit from the assistance of an intermediary.

Ask for our specialist advice

We provide nationwide advice and representation in criminal matters from our offices across the East Midlands.  You can find your nearest office here have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

Alternatively you can contact us using the form below.

Category Archives: News

It’s funny how things change as the years pass by. Perhaps only ten years ago, if we were thinking about particular spikes in alleged criminal offending over the Christmas period, the one that would jump out would always be drunk driving.

These days it is common to come across drug driving due to advances in technology and the ability to detect an increasing range of substances in the body.

It is well documented that if people believe the chances of detection to be low, the temptation to commit a crime is higher. Most people know that there is considerable pressure on police resources. Therefore even when we see a police car on the roads, it is most likely already being deployed to an active incident, not cruising the streets looking for errant drivers.

Ironically, the story here tends to be related to the morning after.

The main event is often an otherwise minor road traffic accident attracting the attention of a passing police officer, resulting in alcohol and drug testing and an arrest for those still affected by the excesses of the night before.

Drugs can be particularly problematic as their journey through the body is much less predictable than alcohol, putting those users at risk for extended periods.

Road traffic law remains one of the most complex areas of criminal law, so if you are being investigated for any drug or alcohol-related driving incident or have been charged or summonsed to appear before a court, it is very much in your interests to contact us at the first opportunity. These offences will invariably result in a driving disqualification if you are convicted. The stakes can be enormous, particularly if you rely on a driving licence as part of your employment.

We will explore all available offences and mitigation and ensure you receive the finest representation.

Drug Driving – Sentencing Guidance

As a guide, where an offence of driving or attempting to drive has been committed and there are no factors that increase seriousness the Court should consider a starting point of a Band C fine, and a disqualification in the region of 12–22 months.

Where there are factors that increase seriousness, the Court should consider increasing the sentence on the basis of the level of seriousness.

The community order threshold is likely to be crossed where there is evidence of one or more factors that increase seriousness. The Court should also consider imposing a disqualification in the region of 23–28 months.

The custody threshold is likely to be crossed where there is evidence of one or more factors that increase seriousness and one or more aggravating factors. The Court should also consider imposing a disqualification in the region of 29–36 months.

Drink Driving – Sentencing Guidance

The starting point applies to all offenders irrespective of plea or previous convictions.

Drink and drug driving defence solicitors

If you do make a mistake and find yourself in trouble, there is a lot we can do to assist you.

In some cases the police will want to interview you about the offence.  If this is the case, whether under arrest or as a volunteer, always make sure you seek our free and independent legal advice.  You can read about the benefits here.

The police must follow complex procedures to establish a case against you.  Our lawyers will be able to analyse the evidence to ensure that the procedures have been followed.  We can successfully challenge the evidence in your case.

A road traffic solicitor can also investigate issues such as ‘laced drinks’ which can raise the opportunity to avoid disqualification.  We will also consider other ‘special reasons’ that could be raised on your behalf.  This might include the shortness of distance that was driven.

Well-presented mitigation can make a real difference to the outcome. Even where a disqualification cannot be avoided, we can often achieve a reduction in length.

Legal aid might be available dependent upon your means and the circumstances of your case.  Alternatively, you will be able to fund your case through an affordable fixed fee.

Contact one of our drink drive solicitors at your nearest office if you are being investigated by the police or taken to court as a result of the Christmas drink drive campaign.  They will, of course, be able to discuss and other driving matters that you face.

Alternatively you can use the contact form below to ask for a call about your case.

Category Archives: News

Solicitor Nick Wright recently attended a Derbyshire Court User Group meeting where changes to remand courts in Derbyshire were presented as a fait accompli.

Lack of legal advisers

HMCTS has lost legal advisers locally.  As a result there are insufficient legal advisers to run occasional courts for Saturdays and bank holidays in both Nottinghamshire and Derbyshire.  As a result from 9 October all remand cases heard on those days will now be dealt with at Nottingham Magistrates’ Court.

The intention is that there be two courts sitting, one for Nottinghamshire cases and one for Derby cases.  HMCTS is still considering whether a third court can be held on bank holidays.

Enquiries were made as to whether other local legal advisers were in a position to step in.  Unfortunately the answer is ‘no’.  The contracts for legal advisers have recently been changed and the raise in basic salary funded by a cut in overtime rates.  Unsurprisingly, there is a lack of volunteers.  No doubt morale will be as low in the Court Service as elsewhere in the justice system.

Although we were told that the courts are committed to filling the staffing gap, and there are currently six trainees in the region, it has been noted that there are no legal adviser position advertised locally on the relevant website.

Problems for Derbyshire defendants

The new arrangements simply ignore the geography involved in order to suit the needs of the court caused by a failure to recruit.

The most northerly firm clients to fall within the Derbyshire ‘catchment’ may be as far away as Glossop.  Glossop to Nottingham is a round trip of 140 miles, over three hours by car.

How will those granted bail or sentenced on a Saturday return home, leaving Nottingham late on a Saturday afternoon?  Who will fund the journey home when many defendants are dependent upon benefits?

It also ignores the reality that family assistance and input is often crucial to permit bail applications to be made.  Addresses and background information are provided by family and friends attending court in person to speak to the solicitor.  Again, these arrangements are likely to render this support far more difficult or impossible, to the detriment of our clients.

Problems for lawyers

Another reality is that the effect of the change is that Derbyshire lawyers will not be able to represent their clients in a cost effective manner.  As a result, the likelihood is that their clients will lose continuity of representation and the benefits that go with that.

Aside from the time involved in travel and the uncertainties relating to the granting of legal aid for those detained, Even if legal aid were granted the Legal Aid Agency has reminded practitioners that Nottingham is a ‘designated’ court.  As a result, no time can be claimed by lawyers travelling to the court.  The journey from Glossop or Chesterfield or Buxton or Derby will not attract any payment.

In terms of the organisation of work within these firms, managers will be faced with an uphill struggle to persuade advocates to attend Nottingham on Saturday mornings for what will inevitably be longer days.

Hunt the client

Unhelpfully, Derbyshire defendants could be found in any number of places on a Saturday morning.   A maximum of 10 clients will be taken from Derbyshire to the Nottingham cells on a Saturday.  The expectation is that rather than be told where a client is, solicitors need to phone the Nottingham cells on a Saturday morning.  If the client isn’t in the cells then it would seem likely they are still at a police station.

Defendants over the magic number of 10 are to be dealt with by CVP from either St Mary’s Wharf police station in Derby or Ripley police station.

CVP can be requested in advance, adding another layer of bureaucracy to Saturday morning courts.  Practitioners are unlikely to know whether the application is granted until the Saturday morning.  Blanket approval cannot be given.

There are limited phone lines that can be used to speak with those kept at the police station and it is hard to see how, 16 months into the pandemic, it is still though appropriate to make a decision on bail and therefore liberty with instructions taken over the phone.

And what of probation?

Unsurprisingly, Derbyshire probation officers will not be expected to serve the Saturday courts in Nottingham, further prejudicing clients.

Defence subsiding the justice system again

It can be seen that once again the defendants and the defence lawyers are meant to absorb the costs of a collapsing justice system.  Where are local courts left were the six trainees not to remain but seek better working conditions in another sector post qualification?  What if more qualified advisers leave?

There appears to be no credible plan, and the number of courts are simply reduced and reduced at the expense of clients, their families, their representatives and local justice.

This may present an opportunity for practitioners to say ‘no more’ and refuse to provide representation in these courts.  It is easy to see how court service failures could be used to justify the closures of courts such as Mansfield and Chesterfield which could easily go the way of Newark or Ilkeston Magistrates’.

Only time will tell!