Category Archives: News

Juror Bias?

Any avid fan of American courtroom drama will be familiar with the idea of lawyers using ingenious methods to try and select a favourable jury panel. In England and Wales, the scope for objection is minimal, and in most cases, the jurors chosen to sit will remain on the case until it is over.

Many defendants may question the potential for juror bias in situations where the type of crime being tried has impacted a juror.

R v Skeete

This issue arose in a recent Court of Appeal case of R v Skeete when the jury sent a note to the Judge in these terms:

“There is a concern from a member of the jury that two other members of the jury have close personal experience of sexual assault and rape – and whether this has influenced their verdict. Is this a concern?”

The judgment records the following:

“…[the Judge] heard full argument from both sides in relation to the application by Ms Thomas for discharge of the entire jury. Her argument in summary was: the note sent on the afternoon of 20 January indicated the possibility of bias on the part of one or more jurors; it would be essential to establish the facts in relation to such bias were the trial to continue; that could not be done since the jury were in retirement and, on the face of it, had reached a verdict; the only safe course was to discharge the jury.

The prosecution submitted that discharge of the jury without any further step being taken was inappropriate. Rather, the jury should be given further directions to ensure that they decided the case only on the evidence.”

In this case, the Judge declined to discharge the jury.  The defendant was subsequently convicted.

The Court of Appeal decided that:

1. On the face of it the note was penned by a spokesperson – possibly the person who was to deliver the verdict – reporting the position in relation to other members of the jury.
2. Its natural meaning was that, at some point during the jury’s deliberations, two members of the jury had explained that they had close personal experience of sexual assault and rape.
3. A third member of the jury had expressed a concern that this experience could have influenced the verdict of the two members of the jury.
4. This concern was not expressed in terms of any direct assertion that it had led to an influence nor was the nature of the supposed influence explained.
5. The jury note in this instance did not make any direct assertion of bias. It raised a concern that, in a case where the allegation was rape, the personal experience of jurors might have influenced their view of the case. The concern was expressed in vague and imprecise terms.
6. The evidence was that two members of the jury had particular personal experiences. The fact that they mentioned them at some point when they were trying an allegation of rape of itself does not indicate bias. The jury note did not provide evidence that jurors were not staying true to their oaths. Rather, it expressed a generalised concern of one juror in the light of what the other jurors had revealed of their personal experience.

In conclusion, the court ruled that:

“In our view the facts as presented to the judge did not require him to discharge the entire jury.”

In so finding, the appeal against conviction was rejected.

Seek our expert advice on Crown Court trials

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 have been interviewed by the police and face court proceedings we can make a real difference to the outcome of your case.

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

Examples of how we will prepare your jury trial can be read here.

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

Alternatively you can use the contact form below.

Category Archives: News

The Nationality and Borders Act 2022 created a new illegal entry offence contrary to section 24(D1) Immigration Act 1971.  The provision states that a person who:

• requires entry clearance under the immigration rules, and
• knowingly arrives in the United Kingdom without a valid entry clearance,

commits an offence.

The offences created by the 2022 Act modify existing offences.  There has already been a steady stream of people prosecuted for the offence under s 24(D1), which deals with people entering the United Kingdom via “small boats”.

At the present time there is no definitive sentencing guideline for an illegal entry offence.  It carries a maximum penalty of 4 years’ imprisonment.

R v Ginar

The recent Court of Appeal case of R v Ginar established the following principles:

• The statutory maximum sentence for this new offence is four years’ imprisonment. So too is the maximum sentence for an offence under section 24(B1) of the 1971 Act of knowingly entering the United Kingdom without leave. Before the amendment, the maximum penalty for the predecessor of that offence was six months’ imprisonment.
• It is apparent that Parliament regarded that previous level of sentence as insufficient, both for the existing offence of entering without leave and for the new offence of arriving without a valid entry clearance. The four-year maximum is also longer than some other offences which may be committed in an immigration and asylum context.
• The present offence is inherently less serious than an identity document offence of the kind for which the court in R v Kolawole [2004] EWCA Crim 3047 indicated as attracting a sentence in the range of 12 to 18 months, even on a guilty plea and even for a person of previous good character.
• The predominant purpose of sentencing in cases of this nature will generally be the protection of the public. Deterrence can carry only limited weight as a distinct aim in the sentencing of those who have travelled as passengers in a crossing such as that upon which the applicant embarked. The circumstances of those who commit offences of that kind, as opposed to those who organise them, will usually be such that they are unlikely to be deterred by the prospect of a custodial sentence if caught.
• The following considerations are relevant as to culpability and harm.

There is legitimate public concern about breaches or attempted breaches of border control, and this type of offence, which is prevalent, will usually result in significant profit to organised criminals engaged in people smuggling.

A key feature of culpability inherent in the offence, save in very exceptional circumstances, is that the offender will know that he is trying to arrive in the UK in an unlawful manner: if it were otherwise, he would take the cheaper and safer alternative route which would be available to him.

The harm inherent in this type of offence is not simply the undermining of border control but also, and importantly, the risk of death or serious injury to the offender himself and to others involved in the attempted arrival, the risk and cost to those who intercept or rescue them, and the potential for disruption of legitimate travel in a busy shipping lane.

• The seriousness of this type of offence is such that the custody threshold will generally be crossed and that an appropriate sentence, taking into account the inherent features but before considering any additional culpability or harm features, any aggravating and mitigating factors and any credit for a guilty plea, will be of the order of 12 months’ imprisonment.
• Culpability will be increased if the offender plays some part in the provision or operation of the means by which he seeks to arrive in the United Kingdom, for example by piloting a vessel rather than being a mere passenger; or if he involves others in the offence, particularly children; or if he is seeking to enter in order to engage in criminal activity (for example by joining a group engaged in modern slavery or trafficking). Culpability will be reduced if the offender genuinely intends to apply for asylum on grounds which are arguable.
• Consideration of aggravating and mitigating factors must of course be a case-specific matter, but the following may commonly arise and will call for either an upwards or downwards adjustment of the provisional sentence. The offence will be aggravated by relevant previous convictions, by a high level of planning going beyond that which is inherent in the attempt to arrive in the United Kingdom from another country, and by a history of unsuccessful applications for leave to enter or remain or for asylum. Even if the previous attempts did not involve any criminal offence, the history of previous failure makes it more serious that the offender has now resorted to an attempt to arrive without valid entry clearance. The weight to be given to that factor will of course depend on the circumstances of the case.
• The offence will be mitigated by an absence of recent or relevant convictions, good character, young age or lack of maturity, mental disorder or learning disability, or the fact that the offender became involved in the offence due to coercion or pressure.

Cases of this nature will often have powerful features of personal mitigation, to which appropriate weight must be given on a fact-specific basis. The circumstances which are relied upon as arguable grounds for claiming asylum, such as the offender seeking to escape from persecution and serious danger, are likely also to mitigate the offence of arriving in the United Kingdom without a valid entry clearance.

Some offenders may have been misled as to what would await them in this country if they paid large sums of money to the criminals who offered to arrange their transport. Some may have suffered injury or come close to drowning in crossing in a dangerously overcrowded vessel. It will be for the sentencer to evaluate what weight to give to circumstances of that nature in a particular case.

Instruct an expert in defending an illegal entry offence

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 including an illegal entry offence 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

Hey Siri – What’s the answer?

On occasion, Siri or a Google search may well be able to answer a legal query.  For this to be possible, the end-user needs to know whether the information online was accurate when first posted.  Secondly, does it remain correct law now?

As criminal lawyers, we spend years learning the skills necessary to carry out proper and comprehensive legal research using sophisticated legal resources.

The latest research tool to emerge is ChatGPT.   This is more than a mere search engine.  Through advances in Artificial Intelligence it might offer quicker and cheaper ways for people to search for legal answers to legal questions.

Early results are not promising, however.  Recent cases in the USA and England have shed light on apparent dangers of relying on such Artificial Intelligence.

Caselaw invented by artificial intelligence

A lady called Felicity Harber got involved in a legal dispute with the taxman.  During the court case, in which she represented herself,  she used ChatGPT to assist her in fighting her claim.

She supplied 9 cases, along with a summary, all of which were said to support her legal argument.  Mrs Harber said that the cases in the Response had been provided to her by “a friend in a solicitor’s office” whom she had asked to assist with her appeal. Mrs Harber did not have more details of the cases.  In particular she did not have the full text of the judgments or any reference numbers.

The Tribunal told the parties that they had looked at the FTT website and other legal websites.  It had been unable to find any of the cases in the Response. The Tribunal asked Mrs Harber if the cases had been generated by an Artificial Intelligence system, such as ChatGPT.  Mrs Harber said this was “possible”.  She then moved quickly on to say that she couldn’t see that it made any difference, as there must have been other FTT cases in which the Tribunal had decided that a person’s ignorance of the law and/or mental health condition provided a reasonable excuse.

The Tribunal made two important findings of fact in relation to this point:

• That the cases in the Response are not genuine FTT judgments but have been generated by an Artificial Intelligence system such as ChatGPT.
• That Mrs Harber was not aware that the cases in the Response were fabricated, and did not know how to locate or check case law authorities by using the FTT website, BAILLI or other legal websites.

The findings of the tribunal

The Tribunal held:

Although we have accepted that Mrs Harber did not know the AI cases were not genuine, we reject her submission that this did not matter because the Tribunal had decided other reasonable excuse cases on the basis of ignorance of the law and/or mental health issues. We instead agree with Judge Kastel [who ruled in a similar case in the United States], who said on the first page of his judgment (where the term “opinion” is synonymous with “judgment”) that:

“Many harms flow from the submission of fake opinions. The opposing party wastes time and money in exposing the deception. The Court’s time is taken from other important endeavors. The client may be deprived of arguments based on authentic judicial precedents. There is potential harm to the reputation of judges and courts whose names are falsely invoked as authors of the bogus opinions and to the reputation of a party attributed with fictional conduct. It promotes cynicism about the legal profession and the…judicial system. And a future litigant may be tempted to defy a judicial ruling by disingenuously claiming doubt about its authenticity.”

We acknowledge that providing fictitious cases in reasonable excuse tax appeals is likely to have less impact on the outcome than in many other types of litigation, both because the law on reasonable excuse is well-settled, and because the task of a Tribunal is to consider how that law applies to the particular facts of each appellant’s case. But that does not mean that citing invented judgments is harmless. It causes the Tribunal and HMRC to waste time and public money, and this reduces the resources available to progress the cases of other court users who are waiting for their appeals to be determined. As Judge Kastel said, the practice also “promotes cynicism” about judicial precedents, and this is important, because the use of precedent is “a cornerstone of our legal system” and “an indispensable foundation upon which to decide what is the law and its application to individual cases.”

In this case it may be that Mrs Harber was treated leniently due to the tribunal acceptance of her apparently innocent mistake.  One might expect more severe consequences in the future.

Unsurprisingly, Mrs Harber lost her case.

Don’t leave important legal matters to chance – always consult an expert lawyer at the first opportunity.

Let us help rather than rely on Artificial Intelligence

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

Not long ago, it was generally accepted that if there were no witnesses prepared to attend for a trial, that a defendant would inevitably be acquitted if the case against them even went that far.

These days, the Crown Prosecution Service will often run a case without a willing witness and will base their case upon circumstantial evidence.

The reasons for this change of approach to victimless prosecutions would seem to be twofold. Firstly, the CPS has often been criticised for being weak in pursuing allegations of domestic violence.

Secondly, the police are now routinely equipped with body worn cameras. In many cases, the Police will arrive at the scene and immediately start recording accounts given by witnesses. This may be without the witness having a clue that they are being recorded.

In some cases, the case against a defendant will centre not on what a witness will say in court but on a collection of evidence such as the 999 call recording, the witness’s account to the police on a body worn camera and other evidence such as injuries, or photographs showing a disturbance in a property.

Our Client’s Case

Recently, Nottingham based criminal defence solicitor Jim Buckley  defended a young man who was said to have been involved in a domestic quarrel with his partner whilst on a holiday in Mansfield.

The prosecution chose to proceed with the case even though our client’s partner refused to make a statement and therefore refused to attend at the trial.

Jim successfully defended the case.  Initial arguments that the evidence brought by the CPS was inadmissible under the hearsay rules and that if the evidence were allowed to be given in court it would be so unfair as to prevent the defendant from having a fair trial failed.  Some of the legal considerations to be applied can be found here.

Happily, the defendant gave a good and convincing account of his behaviour, denying the allegation, and he was found not guilty by the District Judge.

This case shows the way that the police and CPS will approach a prosecution is flexible and can change even when the law remains exactly as it was due to other pressures and approaches.

Clients will often say ‘but where is the evidence’ and such comment may be particularly apt in ‘victimless prosecutions’.  There will be evidence however or the case would not be in court.  As a result it is vital to take legal advice at the outset of the case and to make sure that your lawyers are aware of the latest approaches taken by the prosecution and are able to counter them.

Instruct an expert in defending victimless prosecutions

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

In 1948, when George Orwell wrote his novel, “1984”, he had a vision of the world where Big Brother was watching everybody.

The has perhaps moved closer to the Big Brother state envisaged by Orwell. There are numerous dash cams and doorbell cameras, CCTV cameras, bicycle helmet cameras and everybody has their own pocket camera in their smart phone.  As well as Big Brother, we are now all potentially being recorded by a whole series of little brothers and sisters.

Our client’s case

The position looked bleak for our client.  He had been recorded by his next-door neighbour’s doorbell camera while muttering some

nasty abuse. The neighbour had sent the footage to the police.  Our client was interviewed under caution as a volunteer.

He contacted Public Order Act expert Jim Buckley to advise him at this police interview. Taking free and independent legal advice in police interview is perhaps the most important way a suspect can protect themselves.  Suspects who are unrepresented can cause themselves real difficulties if they answer questions in interview if the evidence does not require comment.

In this case, having considered the evidence disclosed by the police, Jim advised our client was advised to remain silent in his interview.

Charged to Court

Our client was subsequently prosecuted for intentionally causing distress to his neighbour by using abusive or insulting words directed at her camera.

Not guilty verdict

He denied the offence and pleaded not guilty.  At trial it was argued on his behalf that it could not be proved that he knew that the camera was a genuine article and not a dummy.

The prosecution argued that there was a sign next to the doorbell camera saying that it was recording live footage.  However, an alternative argument was that that nobody installing a dummy doorbell camera would put up a sign saying “don’t worry burglars, this is only a dummy camera”!

Our client was found not guilty because the Magistrates could not be sure that our client knew the camera was real or that it had a microphone attached, or that anyone was listening to the device at the time.

Seek our expert criminal defence solicitors

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 including an illegal entry offence 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.

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

Chesterfield motoring solicitor David Gittins was recently instructed in a case where his client was at real risk of a driving ban, having collected 12 penalty points.

David’s client had received Notices of Intended Prosecutions from a Derbyshire court as a result of speeding offences. If convicted, she would have been over the 12 penalty point limit for keeping her driving licence.  A ban would normally follow. David identified that the client would have a strong argument to keep her licence as losing it would cause her an exceptional level of hardship.

The case began through the Single Justice Procedure (SJP).  David advised the client at an early stage as to her plea and the impact of doing so. He also advised her as to the possibility of arguing exceptional hardship in a bid to allow her to keep driving despite the number of points of her licence.

David had conferences with his client to understand her personal and professional obligations which required a driving licence.  Using his own knowledge of the area he undertook detailed research and set about collating maps, bus times and even calling local taxi firms to get quotes to understand how much taxis would cost his client if she were to lose her licence.

Instructions were also taken from our client’s partner, sister and business partners to obtain further information to put before the court.

Exceptional Hardship

As all drivers know when you reach 12 penalty points the court will disqualify you from driving under the totting up procedure. However, if it can be shown that exceptional hardship will result from a disqualification, a driver may be able to keep their licence even though they have passed the 12 point limit.

Exceptional Hardship is not defined in law and has to be considerably more than the inevitable inconvenience caused by a driving ban.

An argument for Exceptional Hardship could be based on issues that include:

• Loss of a job resulting in loss of accommodation for others such as children;
• An inability to get to any work due to geographical and public transport restrictions;
• Loss of other third persons employment due to businesses having to close;
• The requirement to take family members to urgent medical appointments when no other transport is available.

In this case, David argued exceptional hardship before Magistrates.  Our client gave evidence as to the difficulties she would face if she lost her licence. In addition, the extensive use of digital maps meant that David and his client could show the terrain she would have to cross to walk to a bus stop and the danger that would present to herself and road users given the rural locations.

12 Penalty Points and No Driving Ban

Thankfully David was successful in his representations and exceptional hardship was found. The Magistrates exercised their discretion not to impose a ban. This meant the Client could continue driving and was simply ordered to pay financial penalties for these offences.

David’s advocacy skills and ability to see the bigger picture when collecting evidence before making his argument enabled the client to keep her driving licence.

For this type of case, Legal Aid was not available but a fixed fee was agreed in advance of the work being undertaken and arguably a small price to pay in order to keep your driving licence.

Contact an expert in road traffic law

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

Alternatively you can use the contact form below.

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.