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 or use the contact form below.

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 or email her here.

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

A consultation into the Advocates’ Graduated Fee Scheme – AGFS – began on 5 January 2017 that runs until 2 March 2017. The intention is that Crown Court advocates’ fees be restructured to ‘ensure fair payment for work done’ and ‘more certainty for all advocates, in particular junior advocates’.

While there might be other arguments to be had about which kind of advocate should receive the larger fees, or whether the fees should be directed towards a certain kind of case, perhaps the immediate concern for all who earn the fees will be whether, across a range of offence that any given advocate can expect to do, the new fees represent a fee cut.

Increased Sustainability?

This will allow discussion as to whether the proposed fees improve (or not) the financial viability of criminal legal aid work and therefore the sustainability of the profession, whether as a barrister at the independent bar or an employed solicitor advocate.

The work that we did was on advocacy fees billed in January 2017 from our Nottingham office, and included calculations for cases dealt with both in-house and by external counsel.

The figures produced were hardly surprising. In cases that we dealt with in-house the comparison showed that there would be a fee reduction of 16% across the sample of cases. In relation to those cases briefed to external counsel, although the overall gain was 21%, this was almost entirely accounted for by a single trial for a terrorism offence where the percentage uplift was an incredible 297%. Without that case, there would have been a modest fee increase of 2%.

Reduction in AGFS  fees across the board

Across the entire month of January, removing the terrorism case, if the proposals are brought in unchanged then we can expect them to be reflected in a reduction in fees of 7%. Assuming that the work we undertake is a broad range of case types and comparable to other firms or advocates, it seems likely that an overwhelming number of those undertaking this type of work will receive a similar fee cut.

The AGFS consultation paper requests an answer to twenty-five questions. Only one of them asks ‘Do you agree with the individual fees proposed?’ If the work that we have done is representative then none of the modelling put forward in the consultation document would seem correct.

Incorrect MoJ Analysis?

For example, an analysis of sexual offence cases billed in January shows a much more modest increase of 4% rather than the 32% predicted in this table. Further, half of our calculations for sex cases resulted in a fee reduction rather than even a modest increase.

Our work over a single month has demonstrated that the effect on employed junior advocates alone is not cost neutral, and it appears hard to see how the modelling could have reached that conclusion.

Our analysis of burglary/robbery bills suggest that they remain cost neutral rather than result in a 4% fee uplift. An admittedly small sample of drugs offences resulted in a 33% reduction in fees that will be able to be claimed.

Need for an Increase not a Re-shuffle

To return to the aims of the reform, it seems that the only certainty for the junior bar with a caseload comparable to the workload the we undertake is that they will be paid less across the piece. As a result, it appears difficult to see how this can result in ‘fair payment for work done’.

Hopefully others will be reflecting upon similar figures under the new AGFS, and arguing that the only answer to sustainable provision of legally aided representation before the Crown Court is an increase in fees across the board, rather than a restructuring that amounts to the cliched rearranging of deckchairs on the Titanic.

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 three went to a flat and she maintained that she drifted in and out of consciousness, became aware that she was being made to have sex against her will, and pretended to be unconscious hoping that they would leave her alone.  She alleged that they did, and she was able to take her belongings and flee.  She complained of being ill-treated to a taxi driver and to her mother.

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.

Category Archives: News

Nottingham Solicitor Advocate Phil Plant secured a conditional discharge for his client who was originally charged with affray before Nottingham Crown Court.  Two co -accused faced the affray charge and charges of assault occasioning actual bodily harm.  The case was prepared by senior crown litigator Caine Ward.

Late Night Incident in Drink

The incident took place in a fast food restaurant in Nottingham.  Both sides of the incident had been drinking after a night out in the city centre.  Phil’s client was with his parents and his uncle.

In the restaurant words were exchanged with the co-accused.  The CCTV obtained by Phil showed that his client had been involved in the early part of the incident.

As a result of his behaviour he was manhandled out of the shop by security staff.

In the meantime a melee broke out involving the co-defendants.   They assaulted our client’s father by punching him.  This led to him being knocked out by one co-accused and then whilst on the floor being stamped on by the other co-accused.

Phil’s client was still being restrained at his point, but made threats towards the co-defendants.

Plea to a Lesser Charge

The Crown accepted a plea from Phil’s client to an offence under s4 Public Order Act.  Phil negotiated this plea on the basis that our client had offered the threats after his father had been knocked out.

In relation to the incident as a whole, thankfully our client’s father made a full recovery.

Conditional Discharge Imposed

Following argument persuasive mitigation from Phil, the Recorder  was prepared to deal with his client separately from the two co-accused, ending the ordeal of court proceedings.  He felt able to take the very unusual step of imposing a 12 month conditional discharge.  If his client is in further trouble during the period of the discharge he can be re-sentenced for the original allegation and any fresh offence.  Otherwise the conviction is ‘spent’.

Contact Us

Often the prosecution and court need persuading to look at alleged offence realistically and sympathetically.  As a result you will need a persuasive specialist advocate.  If you wish to instruct us or seek initial advice then please telephone Phil or Caine on 0115 9599550 or email them here.

Category Archives: News

We have been fortunate enough to be able to recruit Clare Roberts, education law specialist and criminal duty solicitor to join us in the Spring.

She will be in post in time to provide advice to those parents who will have been disappointed by decisions made for primary school admissions.  These will be announced in April.

A Complex Area of Law

Clare recognises that issues surrounding education will be very important to those affected.  She will be able to provide our clients with expert legal advice upon the complex rules, regulations and laws that relate to these matters.

Help will be available in the following areas:

• Special educational needs (SEN)
• admission appeals
• exclusion appeals
• discrimination claims
• problems arising at university such as plagiarism or misconduct
• judicial review

Although the intention is that she will provide advice and representation for clients served by our six offices across the East Midlands, she has travelled further afield in the past to provide specialist advice that can be hard to find.

Fixed Fees will be Published

Over the coming weeks we will be devising and publishing fixed fees for certain types of work that will allow our clients to decide upon the level of service and assistance that they would wish and budget accordingly.