Category Archives: News

Chesterfield criminal defence solicitor Serena Simpson recently defended a client before Chesterfield Magistrates Court.  The charges were allegations of domestic violence directed to a former partner.

The offences included an allegation of assault occasioning actual bodily harm (ABH) where she had stabbed the victim to the arm and chest with a knife. In addition it was alleged that Serena’s client had followed the male and further assaulted him by punching him to the face.

Serena first met her client when she had been refused bail by the police.  She was detained in the cells to be put before the court for a remand to prison custody.

On meeting the client, Serena immediately realised that she was a vulnerable adult herself.  She provided a history of domestic violence directed against her by the complainant in this case.

Offence on Bail

Serena’s client admitted that due to this prolonged abuse she had picked up a knife and stabbed her violent partner.  She had then turned herself in to the police.  She accepted that while on police bail she had seen the victim.  Although he had followed her, she had slapped him to the face.  There was a further minor public order offence that was denied.

The Prosecution suggested an alternative version in respect of the second allegation.  It was claimed that Serena’s client had followed the victim and punched him rather than slapped him.

Newton Hearing Listed

Serena’s client pleaded guilty to both assaults.  As she disputed the extent of the allegations she put forward her account in a written ‘basis of plea’.  Her account was not accepted by the prosecution.  As the Court felt it would make a real difference to sentence the case was listed for a hearing to decide whether our client’s version of events was correct. This is a trial of issue or a ‘Newton Hearing’.

Serena successfully argued for bail for her client.  She then undertook the preparation for the contested hearing.  It became clear as the hearing the ex-partner did not want to attend court and give evidence.

Serena was keen to bring the case to an end as soon as possible as from meeting with her client it was clear that the ordeal of court proceedings was having an adverse effect on her.

Active Case Management

The case was listed for a case progression hearing at Serena’s request to ascertain whether the hearing was going to be effective in due course.  The prosecution was unable to make a decision until a week before the trial when it confirmed that a hearing was no longer sought and Serena’s client could be sentenced on her version of events.  Further, the public order allegation was dropped.

The case was not yet over, however.  Serena had to prepare for a difficult sentencing hearing as whatever the background her client had still admitted stabbing her ex-partner.

Starting Point of 18 Months?

Sentencing guidelines govern an allegation of ABH.  The prosecution argued that this case fell into the most serious band, and the starting point for any sentence ought to be 18 months imprisonment within a range of 1 to 3 years. Her case was likely to be committed to the Crown Court for sentence even with discount for plea.

Suspended Sentence

Serena provided mitigation to the court outlining the history of the relationship, including the violence directed at her client, and other elements of personal mitigation.  Serena persuaded the District Judge that the case did not fall into the top level of seriousness.  As a result, Serena’s client was able to receive a sentence of 16 weeks suspended for 2 years with a rehabilitation element.

The Judge made it clear that Serena’s mitigation had persuaded him to take this unusual course of action in a case involving knife crime.

Serena’s client was understandably delighted.

Legal Aid Funding

Our client had the benefit of legal aid.  This allowed her to instruct Chesterfield criminal defence solicitor Serena Simpson.  This advice and representation was free of charge to her.  Further information about funding can be found here.

Contact a Chesterfield Criminal Defence Solicitor

If you are investigated by the police or are at court you may wish to instruct Chesterfield criminal defence solicitors VHS Fletchers. Please telephone us at our Chesterfield office 01246 387999.

Category Archives: News

Chesterfield crime solicitor Ben Strelley recently persuaded a District Judge that what he thought he had seen on CCTV was not correct and in doing so secured a non-custodial sentence for his client.

Ben was instructed to represent a mother and son who had travelled to Chesterfield to watch a football match.  Both had been refused entry to the match so attended a local pub. Inside the pub a large fight erupted following damage being caused.  Both of Ben’s clients were accused of using and threatening unlawful violence.

Ben’s clients had been represented by the us at the police station.  As a result Ben knew that the incident was captured on CCTV.  The Prosecution had failed to provide this to us in advance of the first hearing.   Instead the disc was handed to Ben at the first hearing.

Adjournment in Interests of Justice

In order to be able to give full and proper consideration to the CCTV evidence Ben argued that his clients ought to be given the benefit of an adjournment.  The allegations they faced included a suggestion that there had been kicking to victims of the violence whilst they were on the ground.

Courts are encouraged to refuse adjournments wherever possible, but Ben’s articulate application setting out how it would be in the interest of justice to adjourn ensured that the Court agreed.

Before the second hearing Ben viewed the CCTV at length before an appointment with his clients.  The mother accepted the allegation in full but her son denied that he had kicked the victim.  Ben, having seen the CCTV, agreed that it did not show kicking by him. As a result both clients returned to Court at the second hearing willing to enter guilty pleas on the basis of what was shown on the CCTV.

The Judge was Wrong

At Court the Judge, who viewed the CCTV, made it clear that he believed that the CCTV showed the son kicking.  Whether he had or not was likely to be very important as if he had it was likely that he would receive a prison sentence.

Ben suggested to the District Judge that he was mistaken.  His thorough preparation meant that he approached this issue from a position of strength as he knew he was right.

Ben went on to invite the Judge to watch the footage again so that he could have the Judge focus solely on his client. The Judge agreed and the footage was watched in Court. At the conclusion the Judge agreed with Ben.  There was no kicking and he would be sentenced accordingly.

It is perhaps an indication of the strength of the advocate that Ben was prepared to argue that this Judge was simply wrong on the evidence.  Ben did not hide from this potentially difficult situation.  His client benefited in the end.

No Football Banning Order

The case proceeded and the Prosecution then asked the Court to consider Football Banning Orders for both involved. The Prosecution claimed that the violence was ‘football related’ and as such wished to prevent Ben’s clients from attending football matches for years to come. Ben, again was fully prepared for this.

Armed with recent case law, Ben argued that the matter was not ‘football violence’.  The Judge by this time knew that Ben had a thorough grasp of the case.  As he result he decided did not merit an order.  As such no Football Banning Orders were imposed and the Ben’s clients were free to continue to attend football matches.

Legal Aid

Both of our clients had the benefit of legal aid.  This means that our advice and representation of him was free of charge to him.  You can read more about the different types of funding here.

Contact a Chesterfield Crime Solicitor

If you are under investigation by the police or face court proceedings and wish to contact Chesterfield crime solicitor Ben Strelley then please telephone our Chesterfield office on 01246 387999.

Category Archives: News

We have 6 offices across the Midlands, staffed with criminal solicitors who are specialists in the field of criminal defence.

Whilst it will come as no surprise that these locations are situated close to local Police Stations and Courts, we will happily travel much further to represent clients accused of criminal acts as the below case shows.

Recently, a client was arrested in the Chesterfield area, close towhere he lives.  He was taken to Chesterfield Police Station, facing an allegation of a serious assault.  He received advice and representation from Rob Lowe, an accredited police station representative based at our Chesterfield office.

The incident was alleged to have occurred in Skegness.   Our client was interviewed in Chesterfield before being released on police bail to return to the police station on a future occasion.

Chesterfield to Skegness

Unfortunately, although the investigation had begun in Chesterfield, Rob’s client was told that he would have to make his next appearance at Skegness police station.  This was a five hour round trip from his home.

Our experience as criminal solicitors tells us that unfortunately the police are often not ready to proceed with cases when suspects are due to return on bail.  Knowing this, Rob tried to find out whether there was to be a re-interview or charge when his client returned to the police station, or whether a new date was to be fixed, or whether bail was to be cancelled.

Rob’s first priority was to prevent his client having a wasted journey.  Secondly he would be able to keep him up to date as to the progress of the investigation.

The officer was spoken to in advance.  He confirmed that Rob’s client was not required to attend and would provide a new date in due course.  When the next date was approaching, the same question had to be asked again – did our client need to attend?

This process was repeated on several occasions before Rob was informed that his client was to be re-interviewed and would need to go to Skegness. Although many firms would choose to use an agent to provide representation for a case so far away, Rob travelled with his client to Skegness.  This gave the client the advantage of an adviser who knew the case from the beginning.

Five Minute Police Interview

The interview could have been dealt with by the police in a more convenient way.  In the event it lasted less that five minutes.  The Client, however, was very grateful that not only had Rob told him that he must attend, but also that a member of VHS Fletchers Solicitors had travelled so far to continue to help him.

Our continued interest in his case was highlighted further as the solicitor for the co-accused in the case didn’t attend and hadn’t made arrangements for his client’s representation.

Contact one of our Criminal Solicitors

We recognise that your case will be extremely important to you. That is why, as criminal solicitors, we aim to provide our clients with continuity of representation. even where that involves travel as in this case.  We will also take steps to minimise the inconvenience and anxiety cause by police investigations.

If you require the assistance of a firm of criminal solicitors who will go that extra mile (or in this case 160 miles) please contact your nearest office.

If it is Rob Lowe you are after then please telephone 01246 283000 or email him here.

Category Archives: News

Senior Crown Court litigator Laura Clarson was instructed by a client facing historic allegations of serious sexual offences.  Counsel Vanessa Marshall of 7 Bedford Row chambers was instructed.

Historic Allegations

Laura’s  client had first arrested in 2013, aged 69,  for alleged sexual offences spanning a period of approximately 18 years from 1995 in relation to a single complainant.  The police and prosecution had initially decided that there was insufficient evidence to proceed as they had also gathered evidence in support of Laura’s clients denials.

A second complainant then made sexual allegations, albeit of quite a different nature, which led Laura’s client being charged with later offences.  A decision was then made that, absent any additional evidence, her client would be charged with the original allegations as well.

As a result of police enquiries, further historical allegations were made by another three complainants.  These allegations dated back as far as 1972.

Prosecution Failure to Disclose

All matters for the five complainants were tied into a single indictment and listed for trial before Derby Crown Court.  It became clear during the trial that the Crown had failed to disclose a substantial amount of material relevant to the case that had the potential to assist in our client’s defence.

It was impossible to consider properly this unused material so there was no alternative but for the trial to be adjourned to start afresh nine months later.

In the meantime, the prosecution chose to offer no evidence in relation to all of the allegations apart from those arising from the original investigation which had not been prosecuted.

Detailed Cross Examination on ‘Unused Material’

In readiness, counsel Vanessa Marshall  examined the additional material comprising years of medical, social services, school and counselling records.  This meant that lengthy cross examination of the complainant was needed.  This in turn led to a review of the case by the prosecution after this evidence had been challenged.

Not Guilty Verdicts on all Charges

The prosecution then chose to offer no further evidence against Laura’s client, who was by now aged 73, and invite not guilty verdicts.  The entire process had taken three years, during which time he had suffered ill health throughout.

Laura’s client took the time to write a letter thanking her for all that she had done and the manner in which he had been treated.

Contact Laura Clarson

Defending historic allegations is always difficult, but this case demonstrates that in instructing Laura Clarson you will know that your case is being given the time and attention that it needs.

Please telephone Laura on 0115 9599550.

Category Archives: News

Nottingham crime solicitor Lauren Fisher recently dealt with an unusual case of before Nottingham Magistrates’ Court.  Her client was charged with an offence of public nuisance.

Allegation of Public Nuisance

Lauren’s client was an elderly gentleman who was said to have been visiting shops with his trousers open, thus exposing himself.  The police and prosecution had apparently been in no hurry to bring the matter to court.  The offence dated back to the summer of 2015, and proceedings were not commenced by summons until the following June.

Our client presented as vulnerable.  He suffered from both mental illness and learning disabilities.  Representations were made on several occasions that it was not in the public interest for the prosecution to continue, but they fell on deaf ears.

This failure to heed these representations was all the more unfortunate when Lauren prepared the case for trial following service of all of the evidence.  Detailed legal research led to a concern that the evidence even taken at its highest could not prove the case.

Lauren’s client was said to have gone into two shops, one after the other. The Crown relied on this to show it was not an “accident”.  He was said to have been told to ‘put it away’ in one shop before going into the second shop still exposed.

Delay Causes Prosecution Problems

It was at this stage, however, that the delay created by the police in investigating the matter created problems for the prosecution.  The witness in the first show was unable to give the date the incident occurred, or even the day of the week.  At most she could say that it had happened in August.

The police had failed to hold any form of identification procedure, so witnesses were not given the opportunity to say whether Lauren’s client was the man seen with his trousers undone.

The lack of evidence to show that our client had been warned of his conduct immediately before a visit to a second shop significantly undermined the a suggestion that his behaviour was deliberate.  The fact that there were only two shop workers in the second shop was arguably insufficient to show a ‘public’ nuisance.

Renewed Representations

Unfortunately the health of Lauren’s client deteriorated over the course of the proceedings.  This led to the need for a psychiatric report to be obtained.  As an alternative to that considerable expense to the public purse, Lauren renewed the representations to the prosecution, combining factors relating to the health of her client with the likelihood of a successful outcome due to lack of evidence.  These representations were supplemented by service of a skeleton argument.

Successful Legal Argument

The matter was listed for a case management hearing and the legal argument was dealt with during that hearing as a preliminary point. The District Judge ruled that the prosecution would be unable to establish that it was Lauren’s client in the first shop on the same day, and that the behaviour gave established, as a matter of law, a public nuisance.

The prosecution offered no evidence and the charge against Lauren’s client was dismissed.

Contact Lauren Fisher

Cases alleging public nuisance may be rare, but Nottingham criminal solicitor advocate Lauren Fisher will show the same level of care whatever the allegation that you face.

If you are due to be interviewed by the police or face court proceedings then please telephone Lauren on 0115 9599550.

Category Archives: News

Irene Tolley, Head of Prison Law Department, recently represented a client who wished to apply for parole.  He was serving a sentence made up as follows:

• Attempt murder police office with firearm – 15 year sentence
• Robbery – 7 years consecutive
• Robbery – 7 years concurrent

This total sentence of twenty two years meant that Irene’s client remained a Category A prisoner throughout his sentence and had therefore been detained for thirteen years at high security establishments.

Irene’s first involvement in his case was to make representations to his Category A status.  Her submissions in relation to this were immediately successful and he was downgraded to Category B in July.

His first parole hearing was heard a less than a month later.  Irene submitted an application for release on her client’s behalf.  Again, these representations were successful and Irene’s client has his release directed in October.

Such a decision was almost unprecedented.  Irene’s client had not spent any time in lower security prisons and had not completed any releases on temporary licence which would have helped assess suitability for release.

Client Doing Very Well

Irene has had contact with one of the Parole Board members since the decision was made.  Irene is pleased to be able to report that her client is doing very well.  He is in regular touch to update her on what he is up to – he has a job, works with both a High Court Judge and a professor in criminology at Cambridge, and travels the country giving presentations about his experiences.

Contact Irene about Parole

If you or a family member need advice about parole or any other prison law matter then please contact Irene Tolley by telephone on 0115 9599550 or email her here.

She will be able to advise you as to whether legal aid funding remains available or whether you will need to take advantage of our affordable fixed fees.

Category Archives: News

Senior Crown Court Litigator Lisa Sawyer recently instructed Barrister Vanessa Marshall of 7 Bedford Row chambers.  The allegation of a serious sexual offence, and Lisa’s client was one of two defendant’s on trial.

Complainant Gave a Detailed Account

The prosecution case was that the complainant had been targeted in a nightclub by both defendants as she was drunk and vulnerable.  In evidence the complainant alleged that she only had a partial memory of leaving the club and what happened afterwards.  She maintained that she was not in control of her actions or in a position to consent to sexual contact owing to her intoxication.

The complainant was able to give the location of the flat that she had been taken to.   The co-accused was arrested and he gave the name of Lisa’s client.  Their mobile phones were seized and interrogated.  Photographs of the complainants underwear were recovered and a video footage of Lisa’s client having sex with the complainant who seemed to be asleep and wasn’t participating.  Further photos were found that did not show either defendant in a good light.  Further interrogation of the phones showed that the defendants were part of a Whatsapp group that publicised their sexual encounters and kept count.

Client Accepted Poor Conduct but not Rape

Lisa’s client and co-accused accepted being the two men involved, and accepted sexual activity in the night club.  They maintained that the complainant was not as intoxicated as she latter alleged.  A request for disclosure of CCTV from

outside the club supported this account.  Both men accepted having intercourse with the complainant.  They accept that there conduct in relation to the photos, filming and messages was distasteful and showed a lack of respect, they had not raped the complainant.  Detail they they could provide of the complainants personal circumstances could only have come from conversation with her, suggesting she was sober.

Phone Evidence Supported the Defence

Our client argued that the complainant arose out of regret after the fact.   There was evidence to show that she had spoken to a friend in the taxi back to her mothers, but had deleted that call record from her phone before the police could seize it.  She gave different accounts as to her recollection in her interviews and in her first description of events to those concerned in the investigation.

Although a trial for a sexual offence should be heard quickly, proceedings were prolonged.  The first trial concluded with a hung jury.  There was a second trial in December 2016 that resulted in both defendant’s being acquitted.

Client had Legal Aid for Sexual Offence Trial

The case had a number of complexities that counsel and Lisa identified.  With the benefit of legal aid, Lisa was able to:

• Instruct a medical expert to comment on injuries seen to the complainant
• A telecommunications expert who provided crucial evidence as to deleted calls and commentary on call history between her client and the complaiant
• Instruct expert counsel to represent her client

Exemplary Character

Although counsel was from London chambers, Lisa knew that she would spend as much time as preparation of the case would entail.  Significant time was spent with our client in conference.  Lisa drafted a comprehensive defence statement dealing with every aspect of her client’s defence so that he could not be criticised at trial.  Her client’s instructions were eight pages long.  Lisa was able to secure a number of references that demonstrated her client’s exemplary character away from these proceedings.

Counsel fought extremely hard on behalf of Lisa’s client to secure this result and avoid a conviction and sentence that would have been measured in years.

Contact Lisa Sawyer

Whatever the charge you face before the Crown Court, be it a sexual offence or other allegation, Lisa will be able to provide you with expert specialist legal advice, instruct the best advocates and secure any expert evidence necessary to assist you case.  Please telephone her on 0115 9599550 or email her here.

Category Archives: News

We hold criminal legal aid contracts that allow us to continue representing our existing and new clients under the legal aid scheme from our offices in Nottingham, Derby, Chesterfield, Mansfield and Newark.

Our Newark Office

Our office in Newark demonstrates our commitment to providing advice and representation to local communities who in other ways have been let down by the justice system.

Newark no longer has a police station where suspects can be interviewed and the Magistrates’ Court closed several years ago.  Those appearing in court now have to travel over 20 miles to Nottingham Magistrates’ Court, while those arrested are taken to Mansfield police station, a similar distance.

Local Offices Serving Local Communities

VHS Fletchers has made the decision that we will be able to provide criminal advice and representation in the police station, Magistrates’ and Crown Courts while being based in the heart of the communities that we serve.

We will hopefully contribute to reducing the stress and anxiety that investigations and proceedings can bring by making it easy and affordable for our clients to visit their legal representatives in a local office.

This approach should also allow for our clients to receive continuity in terms of the advisers and solicitors they meet, which we know clients value.

Details of the lawyers that you will meet at each office can be found here.

Contact Us to Discuss Criminal Legal Aid

If you face police investigation then advice and assistance at the police station will always be free under criminal legal aid.  Magistrates’ criminal legal aid is both means and merits tested, and means tested for the Crown Court.

You can read more about the different legal aid schemes here.

We can give you further advice at your local office.

Details of our offices can be found here.

Alternatively you can use the contact form below.

Category Archives: News

Chesterfield Crime solicitor David Gittins recently defended a client before Chesterfield Magistrates’ Court charged with an allegation of domestic assault.  Police Bodycam footage was of key importance.

David’s client was found not guilty following a full hearing of the evidence at trial.

David first met his in Chesterfield Court cells. He had been refused bail by the Police.  David made a successful bail application.  As we offer continuity of representation, David then continued to deal with the case on behalf of his client.

Client of Good Character

This involved several meetings with him at our Chesterfield office to prepare the case. David’s client had never been in trouble with the police or court before.   The potential effects of a conviction for this offence could be far reaching.

The Allegation

It was said that David’s client and partner had argued following a family meal. His partner demanded that he spend the night on the sofa.  It was said that in response to that he grabbed his partner by the throat and hit her, causing scratches to her neck and a cut to her lip.

A neighbour gave evidence that she had heard the incident through the wall and had spoken to the complainant before calling the police.

Self-Defence Argument

Our client provided a different version of events.  He said that he had been grabbed by his partner and hit to the face.  He had pushed her away and taken hold of her to prevent further attack.  He maintained that his actions were reasonable.  He acted in self-defence.

David’s client entered a not guilty plea and the case was listed for trial.   David asked the prosecution to serve additional evidence before the trial including body warn camera (BodyCam) footage from the police/  This turned out to be crucial to the defence.

Crucial Police BodyCam Footage

On behalf of his client, David had the complainant confirm parts of her evidence again.  Importantly she stated that as she didn’t strike her partner, he had no injuries.

David was then able to show the complainant and the Court the BodyCam footage from the police who attended the incident. Recorded comments and injuries meant that the complainant had to change her account.  Further inconsistencies in her account were then brought out by questioning.

Although the neighbour gave the same account that she had originally given to the police, David was easily able to establish that she could not give evidence as to what had actually happened on the other side of the wall.

Finally, David made sure that the prosecution read into evidence the agreed statement from a police officer confirming that his client has a fresh injury to his eye when first seen by the police.

David’s client then gave evidence on his own behalf.

Closing Speech

David was able to rely on the burden and standard of proof when speaking on behalf of his client.  The BodyCam footage and his client’s injuries undermined the account of the complainant.  In order to find his client guilty the Magistrates had to be sure that he used unlawful force.

The Magistrates returned their verdict after a short while. They could not be sure that the complainant’s account was true and as a result found David’s client not guilty.  He kept his good name.

Contact Us

Defendants in domestic violence cases might feel that it is difficult to put their case across.  This is why there will be a benefit in instructing a diligent and focused specialist criminal solicitor who will review all of the evidence in detail.

In this case, an analysis of what the complainant had said as recorded on the police Bodycam allowed David to demonstrate that the complainant might not be telling the truth.

If you wish David to represent you at either the police station or Magistrates’ Court please telephone 01246 28300 or email him here.

Category Archives: News

Senior Crown Court litigator Laura Clarson was responsible for the preparation of a case before Wolverhampton Crown Court recently.  She assembled an expert firearms team of barrister and witness. Her client was acquitted by a unanimous jury verdict following a trial lasting eight days.

Expert Firearms Team

Counsel Nick Doherty from Brudenell Chambers instructed to represent our client. He has a particular specialism in firearms law so was a perfect choice.  Laura also instructed firearms expert David Dyson to comment on the evidence as to whether live or blank ammunition was used.

Laura’s client had a licence to hold firearms.  He was charged with possession of a firearm with intent to cause fear of unlawful violence.  It was said that he fired live rounds of ammunition in the middle of the street in which he lived.

Bullet casings recovered from the scene together with evidence of an independent witness which supported this. Laura’s client maintained that no live rounds were discharged from the rifle and that he fired a single blank round in order to scare away two males. They were armed with a machete and a samurai sword.  They were threatening him and his sons with those weapons.

As a result, our client claimed that no unlawful violence was threatened.  He was acting in defence of himself and his family.

Mr Dyson, as a leading expert witness in the field of firearms, was called to give evidence as to the type of ammunition recovered. and was able to give independent opinion supportive of our client’s case.

Undisclosed Evidence

Laura had to actively pursue the prosecution for undisclosed evidence.  A witness had given information to the police that was helpful to her client.  This information had not been disclosed by the police because she wanted to remain anonymous.

Counsel was successful in arguing that her statement should be read to the jury in support of our client’s case.

Judge Dismissive of Defence

Despite direction from the judge that was very dismissive of our client’s case, the jury found him not guilty, presumably on the basis that his actions may have been reasonable in all of the circumstances of the case.

After trial, counsel commented that Laura was ‘a credit to the firm really fights for her clients’.

Contact Us

This case came to us through our consultant solicitor Andrew Broome who has a specialist knowledge of firearms law.  If you are charged with a firearms offence then you will need an expert firearms team to give you advice and representation then we will be able to help.

Please contact Laura on 0115 9599550 or Andrew on 0115 9441233.  Alternatively, they can be emailed here.