Category Archives: News

Mansfield crime solicitor Tim Haines recently dealt with a drink drive sentence for a client who was nearly four times the legal limit to drive. Careful mitigation permitted the client to avoid what appeared to be an inevitable prison sentence.

Four Times the Drink Drive Limit

The background to the allegations was that Tim’s client had called an ambulance for his friend who had become unwell.  Unfortunately he chose to follow the ambulance in his own vehicle.  He was stopped by the police in the hospital grounds.  He provided a sample of 139 in breath at this time, following it up with a sample of 136 in breath at the police station.  The legal limit is 35.

Credit for Guilty Plea

On taking instructions, Tim advised the client as to the strength of the evidence and credit for a guilty plea.  As a result, the client entered a timely guilty plea.  He abandoned an intention to argue that his drink had been spiked.  The level of reading would, in effect, prohibit the success of such an argument.

The reading meant that the Magistrates would be considering a custodial sentence, but this was also our client’s second conviction for drink driving within 5 years. His previous case had been dealt with by way of a community order due to that high reading.

He had been disqualified from driving for a significant period but had  successfully completed the drink drivers rehabilitation course thereby reducing that driving ban imposed by a quarter.

Although a prison sentence could easily have been justified for the current offence on the basis of current sentencing guidelines, bearing in mind the reading and the previous recent conviction, Tim was able to persuade the court to impose a suspended term of imprisonment with rehabilitation requirements attached.

Detailed and Careful Mitigation

Following the mitigation put by Tim, the Magistrates stressed that they had drawn back from an immediate prison sentence due to the detailed and careful mitigation advanced by Tim.  This recognised that the sentencing process should combine both punishment and the rehabilitation of offenders.

Tim’s client was understandably relieved following the sentencing hearing.

Contact Tim Haines

If you face criminal investigations or proceedings then please contact Tim Haines immediately on 01623 675816 or email him here..  He will advise you as to how best to proceed in order to secure the best result for you, whether at the police station, Magistrates’ or Crown Courts.

Category Archives: News

Mansfield Crime Solicitor Tim Haines complied with court directions  in a ‘drug driving’ case which meant that the Crown were forced to drop a case on the day of trial.

Drug Driving

His client was charged with ‘drug driving’. The prosecution case was that he had been driving with nearly eight times the legal level of the drug amphetamine in his system. The Defendant disputed this evidence.  He was not helped in this because he had managed to misplace his blood sample provided by the police to allow his own expert analysis.

The obligation is on a client and his legal representative to complete a pre-trial review form each and every time a case is adjourned to trial in the Magistrates’ Court.  In this case, Tim completed the form in great detail.  I was made abundantly clear that the expert evidence relied upon by the prosecution could not be agreed as the findings were disputed.

Expert’s Findings Challenged

Perhaps more importantly, because the findings were challenged, the client directly challenged the prosecution to prove that the sample analysed was the correct one.  The Crown was told that it would have to prove each evidential link between the sample being taken and analysed.

Despite this early identification of the relevant issues the prosecution failed to obtain and serve this evidence.  As a result, on the day of the trial Tim made representations to the Magistrates that the prosecution case was fundamentally flawed.  The Crown could not prove to the Court that the sample analysed by its expert was that taken from the Defendant after arrest.

Not an ‘ambush’ defence

An attempt was made by the prosecution to suggest that it had been ‘ambushed’.  It was argued that the issue as to lack of continuity had not been raised by Tim sufficiently in advance of the trial. This contention could easily be refuted by reference to the case management form completed some 6 months earlier.  This made it clear what the evidential issues were.

The Magistrates understandably refused the Crown application to adjourn the case to a fresh trial date.   They were able to point out that the completed pre-trial form was fully and accurately completed.  As a result the Crown had had 6 months to respond to the evidential challenge raised by the Defence. The Crown were left with no option but to offer no evidence against the Tim’s client and the charge was dismissed.

Tim’s client left court without conviction and what would have been a mandatory driving disqualification of at least 12 months.  He was able to keep his employment, which would have been jeopardised if not lost altogether if he had been disqualified from driving.

Contact Tim Haines

Road traffic cases may seem straightforward but can be complex.  If you wish to speak to Tim about a police investigation or court case  for drug driving or any other matter please telephone him on 01623 675816 or email him here.

Category Archives: News

Nottingham crime solicitor Graham Heathcote recently had the pleasure of travelling to Northallerton Magistrates’ Court to represent a client for dangerous driving who he has represented at his two previous firms of solicitors.  The client chooses to have Graham represent him, presumably on the basis that he may well be able to work wonders with any case.  More of this below…

Dangerous Driving ended in flames?

Graham’s client faced an allegation of dangerous driving.  The allegation involved witnesses stating that he was undertaking, tailgating and attempting to manoeuvre between two moving vehicles in adjacent lanes.  The incident ended with his client’s vehicle off the road and in a field.  The vehicle had rolled onto him all but severing his arm.  The car then burst into flames.

Late Instructions

Graham’s client had such confidence in his abilities that he failed to keep four office appointments, finally attending the office 48 hours before the trial.   Graham only received the MG5, which is a summary of the allegation and the evidence, from the Crown Prosecution Service the day before the trial.  The actual witness statements were only served at 9.45a.m. on the morning of the trial. These included the accident investigation report.

All witnesses were in attendance and prepared to give evidence.  The court was in a position to hear the trial.  An offer of a plea to careless driving fell on deaf ears.

I Can’t Remember

Cross-examination of witnesses was limited as the client could not recall anything of the incident.  Although he gave evidence on his own behalf, that largely consisted of an admission of previous driving offences while asserting that the driving on this occasion didn’t sound like the way he would drive.

After being addressed on the burden and standard of proof, the law relating to dangerous driving and our client’s account the Magistrates found him not guilty of dangerous driving.  He was, however, found guilty of careless driving but kept his driving licence.

Contact Graham Heathcote

If you are denying a case and the evidence is somewhat stacked against you, you ought to telephone Graham on 0115 9599550 or email him here.

Category Archives: News

Chesterfield crime solicitor David Gittins recently defended a juvenile before Chesterfield Youth Court.  His client was charged with the serious offence of robbery based on a Facebook identification.

Notwithstanding a positive identification of his client by the victim, David’s meticulous preparation of the case led to successful representations to the prosecution.  These resulted in the Crown discontinued the case several weeks before the trial was due to start.

Continuity of Representation

David’s client had the advantage of having continuity of representation.  David provided advice and assistance to the client at Chesterfield Police station.  He then continued with this representation at court.

In brief the complainant told police that the client and another male had got out of a car, pushed and kicked him to the floor, and stole a packet of cigarettes. The complainant provided a description of those involved to the police.  He then  searched Facebook to see if he could recognise those involved. During this process he thought he recognised David’s client as one of the males involved.

Full Alibi Provided to Police

David attended the Police station and advised the client who denied the offence.  He stated that he was not there.  He went on to   provide a full alibi. This account was provided to the Police in the form of a written statement including the names of several witnesses who could support the client’s account. One of the witnesses was a social worker.  This was an attempt to ensure that the police conducted a proper investigation.

To David’s surprise, Instead of speaking to these witnesses the police focused time and money on conducting a Video Identification Procedure (VIPER).  Perhaps unsurprisingly, his client was identified again by the same witness as having been involved in the offence.

As a result, he was charged with the offence of robbery on the basis of the Facebook Identification without the other witnesses being spoken to by the police.  This was despite David’s representations to the contrary.

Early Preparation

David kept conduct of the matter when the case reached Chesterfield Youth Court.  He immediately set about to obtain the evidence to support the client’s alibi and undermine the identification evidence. David took statements from defence witnesses including social workers and family members, as well as contacting other agencies to prove where the his client was at specific times.

David also correctly identified that there were obvious differences between the description of the robber given by the complainant and David’s client.

Having gathered this alibi evidence and considered the quality of the prosecution evidence, David drafted a list of admissions for the  trial. His intention was that the prosecution agree these prior to trial.

These included maps, distances between specific locations and photographs of the Identification procedures. These were agreed by the prosecution.

Weakness in the Facebook Identification

Once they had been agreed, David wrote a detailed letter to the Prosecution outlining all of the difficulties they had with their case , particularly in the light of the agreed admissions and the alibi witnesses.  Upon further consideration of the case following those representations the Prosecution accepted David’s points, including the weaknesses in the Facebook identification.  The cases was discontinued without the need for a trial.

This case demonstrates how a diligent and focused criminal law specialist can make a real difference to the direction of a case.  Early preparation put pressure on the prosecution to review the case in our client’s favour.  Although we must have been confident of winning the case at trial, David’s approach removed all risk from any court hearing.

Contact David Gittins

Should you wish to contact Chesterfield crime solicitor David Gittins to discuss a new or ongoing case please telephone him at our Chesterfield office 01246 283000 or email him here.

Category Archives: News

A report from HM Crown Prosecution Inspectorate entitled Better Case Management: A Snapshot has been published this month.

What is Better Case Management?

Category Archives: News

In-house Barrister Steve Gosnell and Senior Crown Court litigator Ruth Campbell worked together successfully to secure a not guilty verdict for a client before Derby Crown Court.

The Allegations

Our client faced three allegations of sexual assault involving a family member.  It was said that while at a family gathering both our client and the complainant were in drink.  He was said to have touched the complainant intimately, resulting in the three charges.

Key Disclosure

The key to the case involved additional disclosure.  The prosecution provided us with the case against our client but this did not include key mobile telephone evidence that he said would assist in his defence.

A document called a defence statement was carefully prepared on our client’s instructions.  This document is important not just because there is an obligation for a client to set out their defence or run the risk of the jury drawing adverse conclusions as to why he would not commit himself to a defence.

If is also important because it can cause the Crown to review material that it has in its possession or make further enquiries.  In this case, the review by the prosecution resulted in the additional disclosure of the contents of a text conversation between the two parties to the allegation.

Skilful Cross-Examination

The detail of this conversation was used by Steve in skilful cross-examination of the  witness.  It suggested that the account must be untrue, undermining the account that she had given to the jury and was properly emphasized in Steve’s closing address.

After what was no doubt careful consideration of the case the jury returned a not guilty verdict in relation to each count.

Preparation of a court case by experienced expert criminal lawyers can make a very real difference to the outcome of a case.  Here it was identified that the Crown held information that would undermine its case and we ensured that information was provided to assist our client.  It was then effectively deployed at trial.

Contact Us

If you face Crown Court allegations then please contact us at your most convenient office. We will provide you with legal and practical advice as to how best to progress your case.  You can read about the service we provide here.

Category Archives: News

VHS Fletchers are part of a group of only five firms that are contracted to prosecute on behalf of the Health and Safety Executive following the outcome of a successful tender.

Details of our specialist team comprising Andy Siddall, Jon Hullis, Andrew Broome and Helen Lees can be found by following the links.

New sentencing guidelines have lead to greater penalties and a change in emphasis has meant that the prosecutions of individual company directors and senior managers have tripled.

We are pleased, through our prosecution work, to contribute to the provision of safe workplaces and practices for staff.

If you have a query about this work then please telephone Andy Siddall on 0115 944 1233 or andy.siddall@vhsfletchers.co.uk

Category Archives: News

A Peer Review is a requirement of our contract with the Legal Aid Agency.  A random selection of files are made.  A reviewer will examine how we have dealt with client matters across all of our offices.  This process is purely on the basis of the information recorded by our lawyers on the files supplied.

Our clients will know that we have worked very hard to ensure consistency of approach whether you see a solicitor at Nottingham, Derby, Chesterfield, Mansfield or Ilkeston.  We are pleased to be able to report that the reviewer agreed that we have been successful.

Following the random sampling, a number of positive aspects of our service were identified by the independent reviewer.

“Good Outcomes for Clients”

The adjudicator found evidence that we are “securing good outcomes for clients in all categories of work” – at the police station, Magistrates’ and Crown Courts.  These were evidenced by clients being refused charge, having the benefit of submissions of no case to answer or receiving sentences that were a significant departure from the published guidelines.

“Timely and Realistic Advice”

The reviewer noted that as a firm we ensured that our clients are “given timely and realistic advice about the strength of the evidence against them”.  We showed that this advice allowed clients to secure the maximum available credit for early guilty pleas.  Indications of culpability for lesser charges were given early, again maintaining credit when the Crown finally accepted the account given by our client.

“Pro-active”

“Pro-active steps were taken” to seek full instructions early in cases to allow the early drafting of, for example, a basis of plea, that was agreed with the prosecution prior to the first Crown Court hearing.  This allowed the client to be sentenced in a manner favourable to him.

“Readily Understandable Advice”

Our “clients were given clear and readily understandable advice about the strengths and weaknesses of the prosecution and defence cases and their prospects at trial”.  Our clients “were able to make fully informed decisions about their case”, with the advice given in plain English and clear, readily understandable terms.

“Actively Pursued Disclosure”

These strengths were combined with our “pro-active approach to the preparation and management of cases”.  It was observed that we “actively pursued outstanding disclosure issues” on behalf of clients, whether cases were at the Magistrates’ or Crown Court.  The strengths or weaknesses of the prosecution or defence cases were kept under constant review.

“Client Focussed Approach”

Our approach to managing client appointments, the provision of advice in person and in writing and our regular updates on cased “increased the prospects of our clients engaging in the preparation of their cases and provided further evidence of our client focussed approach”.

Contact Us

VHS Fletchers have offices across the East Midlands.  We offer representation in criminal cases from the police station through to the Court of Appeal.  Independent reviews of the quality of our advice such as these can give you confidence in instructing this firm to represent you.

Please find you nearest office here, or email us here.  We look forward to hearing from you.

Category Archives: News

On 31 October 2016 GPS electronic monitoring by tagging will be piloted in Nottinghamshire in cases involving court bail, community orders, suspended sentence orders and parole cases involving IPP and lifers.  This is part of 8 pilot in eight separate criminal justice areas for different types of case.

The pilot will aim to tag individuals who would otherwise be:

• refused bail and remanded in custody
• subject to a custodial sentence
• refused early release or re-release
• recalled to prison
• refused parole

The scheme is to run for a period of 12 months, with no additional tags to be implemented after that date, but those with existing tags will be able to have the benefit for a further 6 months from that date.

As currently, the aim will be to fit the tag within 24 hours of a decision being made.  A home beacon and charging device will be provided at the approved address.  The Case Management System receives an hourly update if there is compliance, but will receive an immediate alert where the wearer breaches a monitored condition, tampers with or removes the tag, fails to charge it or disconnects the home beacon.

Bail

In bail cases an exclusion or inclusion zone may be included in bail conditions that will be monitored by the tag if the zone is within the pilot area.  The tag is not a free-standing condition but must be used to monitor a bail condition.  The monitoring is imposed as a direct alternative to a custodial remand.

Sentences

For sentencing cases the GPS tag will again monitor exclusion or inclusion zones, again in cases where the community order or custodial thresholds are met.

Parole

In parole case the consideration and recommendation fro GPS tagging should come from the NPS as part of their OM report.

Conditions

In all cases the conditions that are being monitored by GPS should be unambiguous.  For example, any geographical zones should be marked on a map.  Other conditions such as attendance at work or on a programme should again be clearly set out.  

The GPS signal may be temporarily lost if wearer is in an underground car park, a train or other metallic environment, high or larger buildings such as shopping centres or heavily built up areas with lots of tall buildings.

Any such loss of signal will be monitored, and the wearer can be alerted to contact the monitoring centre to address any concerns.

Suitability

It will not be suitable for people of no fixed abode, or in shared accommodation such as blocks of flats or those with chronic mental health difficulties who would not be able to comply with conditions.

The tag is waterproof for up to an hour and shockproof, but not compatible with contact sports such as rugby, football or kick boxing(!).

The pilot will enable conclusions to be drawn as to how the GPS Electronic Monitoring by tagging affected the behaviour of tagged individuals, assess effectiveness as between those tagged and not tagged, and assess the costs of the necessary resources.

Contact Us

If you wish to discuss your eligibility then please contact your nearest office.

Category Archives: News

Nottingham based senior Crown Court litigator Laura Clarson worked with counsel Dean Kershaw of No 5 Chambers to avoid a firearm minimum sentence of five years.

The Allegation

Laura’s client was stopped in customs at Birmingham airport.  He had arrived from Turkey where he had been working for a period of a few months.   His luggage was searched and he was found to be in possession of 3 tasers or stun guns.  These were disguised as torches.

As a result he was charged with possession of three disguised firearm under Section 5(1A)(a) of the Firearms Act 1968.   This meant that he was liable for a minimum sentence of five years custody.  This sentence could only be avoided if ‘exceptional circumstances’ applied.

Our client maintained throughout that he bought them from a market in Istanbul believing them to be torches.  He intended to keep one and give the others as gifts. He did not appreciate they also operated as stun guns.  Click here to see the items:

Disguised Stun Gun

Laura gave the difficult advice to the client, that as he knew that he had the items he was guilty of the offence.  His lack of knowledge as to how the items operated did not provide a defence.  He sought a second opinion from another firm of solicitors – in their rush to be optimistic, and perhaps tell him what he wanted to hear, the advice was legally incorrect.

Exceptional Circumstances

At the first Crown Court hearing our client pleaded guilty but on the basis set out to the police in interview.  The case was adjourned for a hearing as to whether he could be sentenced on that basis.  Counsel provided continuity of representation, despite being involved in a trial at the time.

Evidence was given by the client and submissions were made by Counsel.  Having heard from our client, the Judge was able to sentence him on a basis favourable to him.  Exceptional circumstances were said to apply, and in combination with extensive mitigation the Judge was able to impose a free-standing suspended sentence rather than the firearm minimum sentence of five years.

Laura’s client was relieved, being able to keep his employment and a roof over his head!

Contact Laura

Sometimes we have to give you difficult advice.  Even when we do that, you can be confident that we will continue to fight for the best outcome possible in your case.  If you wish to discuss a case involving a firearm minimum sentence or any other case with Laura please telephone 0115 9599550 or email her here.

She will provide you with advice on every aspect of your case, from funding, through to evidence, and likely outcome so that you can make the best choices.