Category Archives: News

Nottingham Solicitor Advocate Phil Plant and senior Crown Court litigator Laura Clarson worked together to place a vulnerable client in the best possible position to achieve a constructive suspended sentence rather than immediate prison.

The odds were stacked against their client in this particular case, however.  Our client was before Nottingham Crown Court facing an allegation of conspiracy to commit arson.  She, along with her mother, had made an agreement to set fire to their home address with the hope of being re-housed by the local authority.

To make matters worse, she had separate proceedings before Lincoln Crown Court for taking prohibited articles, namely cannabis and mamba, into Lincoln prison.

Either offence on their own would usually attract a custodial sentence.  The conspiracy was committed while on bail for the prison offence, and this aggravated the situation.  Finally, she was also in breach of a further court order from 2015.

There were, of course, compelling reasons why our client would have become involved in such serious offending.  Trouble had been brought to our client’s door through her involvement with an ex-partner.  He had owed a debt, and in his absence attempts had been made to extract the money from our client.

As a result the attempt had been made to take the items into prison, but then damage had been caused to her and her mother’s address and threats had been made of more serious trouble to come.

The damage to their own home only came following reports of the crimes against them to the police.  Unfortunately, in the absence of any firm evidence, the police had been unable to make arrests or protect the family.  The conspiracy was then formed.

Understandably our client was distressed as to the potential outcomes of her case, including a prison sentence.  It was extremely important that the time was taken to explain the strength of the evidence to her, including the benefit to her of a guilty plea if she had committed the offences, and how best her case could be prepared.

Upon taking instructions, Laura knew that it was often the case that the prosecution would not simply take a client’s word about threats received.  Mitigation would have to be directed at achieving a suspended sentence. Through correspondence she made the prosecution investigate these facts with the police, who were able to confirm the background and the fact attempts had been made to seek police help prior to the arson.

The fact that the this background was accepted meant that at the sentencing hearing, when the client was represented by Phil, the Judge was able to hold back from an immediate prison sentence and instead impose a suspended sentence.

If you face proceedings before the Crown Court it is crucial that you seek the best representation available.  Laura and Phil are part of a dedicated and specialist Crown Court litigation and advocacy team.

We will always give you the best advice on plea and then preparation for trial or sentence, including how best to fund your case.

If you wish to speak with one of the team please contact us at the office most convenient to you or email us here.

Category Archives: News

Legal Aid is available for defending Crown Court proceedings.  It will always be granted on the merits of the case, but is subject to a means test.  The legal aid certificate can be granted with or without a contribution from your monthly income.

Even if you do not have to pay an income contribution you might have sufficient capital to mean that money is collected from that capital at the conclusion of the case.  Although the monthly income level is set reasonably high, it can be that you will not qualify at all for Crown Court Legal Aid.

Bearing in mind the stress to you that defending proceedings will involve, we recognise that it is important that your defence is affordable.  As a result we will provide you with all of the alternatives available to you in the funding of your case.

An application for legal aid will have several benefits:

• if you win your case any contributions you make will be returned to you
• if you are not entitled to legal aid and win your case then you will be able to apply for a proportion of your fees to be repaid from central funds
• it is likely to make your representation by litigator and advocate more affordable, particularly if the case involves the instruction of expert witnesses

The first step will be to submit an application for legal aid, having taken all of the information necessary for the legal aid means test to be undertaken.  Documentary evidence in support of your income and expenditure will need to be submitted to the Legal Aid Agency (LAA) in due course, but the initial decision will be made upon the basis of the fully completed form.

The initial response from the LAA will indicate whether or not a contribution will be required from your income.  Unfortunately, there will be no indication as to the level of any capital contribution.  This will be calculated at the conclusion of your case if you plead or are found guilty.

When you receive notification of any income contribution it might be that it may appear difficult to afford.  This is because the expenditure that is offset against your income is very limited.  At this stage we will help you decide whether you ought to accept the offer of legal aid.

We will be able to calculate the likely cost of the preparation and the advocacy involved in your case and in many cases will be able to undertake the work on a private basis, but with fees limited to the amount that we would recover from the Legal Aid Agency.

This might be particularly attractive where you know that you will be pleading guilty so will not be entitled to recover costs, your monthly contribution is high and the case is likely to take several months to conclude.

It might be less helpful in a denied matter involving a substantial amount of work and a lengthy trial.

We will take the time to discuss all of your options with you to allow you to make the right decision as to how best to fund your case.  If you have a case you wish to discuss then please contact your nearest office or email us here.

Category Archives: News

Derby Solicitor Advocate William Bennett recently dealt with a client facing an emotive offence of theft from her elderly mother who was a resident in a care home.

The allegation was aggravated by the fact that it was said to have taken place over a period of many months and William’s client was in a position of trust in relation to her mother’s money.

Although William’s client accepted some thefts, she did not accept the full amount of £16 000 alleged by the prosecution.  She was remorseful, and also upset which made it difficult to obtain the detailed instructions needed to set out clearly to the prosecution the extent of the admitted offending.

Over 160 transactions had to be analysed and an explanation sought from our client.  She had to be pressed to attempt to provide an explanation for each and every item of expenditure in order that the prosecution could be persuaded that she ought to be sentenced on the basis of far more limited dishonesty.

The sentencing guidelines that would be applied in the case can be found here – General Theft Guidelines.  The offending fell into the category of highest culpability,  Whether the value was £16000 or £6000 would have a very real effect on likely sentence, the guidelines suggesting a difference of a year between the differing starting points.

Through diligent preparation and negotiation with the Crown Prosecution Service William was able to persuade the reviewing lawyer that it would be appropriate for the court to proceed on the basis set out by his client.  Again, the fact that the matter proceeded by agreement was important for the client as she could have faced a longer sentence had she argued over the value of the thefts and lost.  As a result William was able to eliminate an element of risk.

Although a Derby solicitor, William was able to offer continuity of representation when, owing to the real risk of a custodial sentence, the case was transferred to Birmingham Crown Court as this court was more suited to coping with the client’s own poor physical health if she had to go to prison.

Ultimately William’s sensitive and careful mitigation persuaded the court that an immediate prison sentence could be avoided.  Instead, his client was dealt with by was of a suspended sentence including requirements of alcohol treatment and a curfew as a direct alternative to custody.

Understandably, a client who would have been very vulnerable herself within a custodial setting, was very pleased with the final outcome.  She was placed in a position where she had an opportunity to rebuild the damage that she had inflicted on her own and her mother’s life.

William’s client had the benefit of legal aid covering her representation before the Magistrates’ and Crown Court, and the preparation needed in her case to secure this result, which also ensured that doctors’ fees were paid to make sure that medical evidence was before the sentencing court.

We will always advise you on the most cost effective way of funding your case.  If you wish to discuss a case with Derby Solicitor William Bennett or one of our other lawyers please contact us at your nearest office.  Alternatively you can email William directly here.

Category Archives: News

Our Mansfield solicitors received individual items of positive feedback from clients they have represented within the last week.

Melanie Hoffman assisted a client at trial who was charged with Assault Occasioning Actual bodily harm.  The allegation arose out of a long-standing neighbour dispute, and was said to have been a prolonged assault resulting in a fracture.

The trial involved cross-examination of three prosecution witnesses, all of whom gave evidence that Mel’s client had assaulted the complainant in various ways.  Careful preparation meant that Mel was able to highlight all of the inconsistencies between these  witnesses.  Mel was also able to highlight to the Magistrates and the prosecutor that the injuries were not supportive of a charge of causing Actual Bodily Harm.

As a result, although the client was found guilty of an allegation of common assault, he was found not guilty of the more serious charge.  Despite having had a trial, Melanie put forward mitigation that allowed the Magistrates to deal with her client by way of a financial penalty only.

Her client was very pleased as he provided a prompt and full testimonial , stating that Mel was ‘outstanding in Court today’.  He went on to say that of other Mansfield solicitors she was ‘the best solicitor I have ever come across’, maintaining that she was ‘tremendous’, fighting for him in court and secured ‘the best result’.

Separately, solicitor Tim Haines represented a client for a drink drive charge.  She was 3 1/2 times the legal limit to drive, and her driving resulted in a road traffic accident with a stationary car, leading to her own car being written off. Tim’s client had never appeared in court before.

Guidance for sentence in such cases is now easy to find.  The sentencing guidelines can be found here.  Tim’s client had researched the position and was understandably worried about the likelihood of a prison sentence.

Tim spent the time with the client that was needed to ensure she provided him with all of the mitigation relevant to her case.  It became clear that she was particularly vulnerable, and the offence reflected a culmination of various malign factors in her life.

Tim was able to ensure that the Magistrates fully understood the careful mitigation he put forward, and how if affected culpability and the likelihood of re-offending.  In the event, rather than receive a starting point sentence of 12 weeks’ custody, the court dealt with Tim’s client by way of a community order with a rehabilitation element only.  The inevitable disqualification could be reduced if the client undertook the relevant course.

Another prompt testimonial reflects well on Tim’s people skills as well as his advocacy – ‘I wanted to thank you for your support at court this morning. I realise you spend a lot of time in that environment but for me it was a first and last. You helped me through an extremely nerve-racking situation with professionalism and compassion and I wouldn’t hesitate to recommend you to any other person I know should they find themselves in a similar situation. Thank you again.’

Neither client was  financially eligible for Magistrates’ Court legal aid.  Both were able, however,  to afford to be represented by our Mansfield solicitors who made a difference to their cases by way of an agreed and affordable fixed fee.

Options for funding your case can be found here.

If you wish advice and representation for any criminal matter please contact your nearest office.  Mel can be contacted by email here and Tim can be contacted here.

Category Archives: News

Crown Prosecution Service – CPS – allegations involving charges where, upon conviction, a client is expected to receive a prison sentence of more than six months are regularly allocated to the Crown Court to be dealt with.  Bearing in mind the pressures on the court system this can lead to a long delay between charge and trial, on top of any delay between arrest and first appearance at the Magistrates’ Court.

We recognise that these delays can be a worry to all of our clients, but we try to mitigate this by showing that we are using this time to effectively prepare the defence case.  Our firm has a team of specialist Crown Court Litigators who deal with these serious cases.

Early preparation will always involve taking a client’s full instructions on the evidence.  It may involve taking statements from additional witnesses, seeking character evidence or pursuing expert reports.

A recent case shows how it may be unwise to take prosecution expert evidence at face value, particularly when it is in the form of medical ‘evidence’ in an abbreviated prosecution file.

Ruth Campbell,  a senior Crown Court litigator based in our Chesterfield Office, represented a client accused of assaulting his partner.   The allegation was one of s20 Offences Against the Person Act 1864, or grievous boldily harm.

The alleged victim claimed that she had suffered a broken arm as a result of an unlawful assault.  Ruth’s client maintained that he had only ever acted in self-defence.  Instead he maintained that he himself had been the victim of an attack by his partner.  He claimed that she had lunged at him with a knife and he had twisted her arm to protect himself.  He did not believe that  his actions could have caused her to suffer a broken arm.

As a result, and at an early stage, it was suggested to the prosecution that the injury was not consistent with the description of the incident as set out by the complainant.  This contention was set out in the client’s defence statement leading the Judge, when our client entered a not guilty plea, to request that the CPS serve additional medical evidence to clarify the position.

When these enquiries were concluded the additional evidence obtained demonstrated that the injury could not have been caused as alleged and showed that the complainant was not telling the truth.  As this was evidence obtained by the CPS, it was accepted that the prosecution had no option but to drop the charge and a formal not guilty verdict was entered.

Experience meant that Ruth was able to listen to the client’s instructions, consider the evidence and know that the injury did not appear to support the facts as set out by the complainant.  A potentially serious injury is not decisive evidence of a client’s guilt.

At VHS Fletchers your case will be dealt with by an appropriately qualified lawyer who will respect your instructions and prepare your case accordingly.

This client had the additional benefit of receiving legal aid which means that ultimately his case was free of charge to him.  We will always investigate the most cost effective way for you to fight your case.

If you have any criminal matter which you wish to discuss with one of our team please contact your nearest office.  If you wish to contact Ruth directly then telephone her on 01246 283000 or email her.

Category Archives: News

We have started to analyse the client feedback for the Nottingham office, and are again pleased by the positive comments about the individual lawyers and the firm generally.  Although we could not set out all of the positve comments for all of the solicitors, a few comments properly reflect the general tone of those who replied to our request for client feedback.

One client commenting about a Magistrates’ Court case handled by Nick Walsh said ‘I found VHS solicitors more helpful than others.  The solicitor I have is very good at his job.  Very satisfied with the help and information throughout my case’.

Another commented that Nick was ‘understanding, non-judgemental and invaluable in [his] compassion’.  Further clients said of him ‘used previously in a case, brilliant service both times’ and ‘you took time to listen’.

Finbarr Hennessey, a Magistrates’ Court Advocate known for making extra efforts on behalf of his clients,  is described in similar terms by a number of clients – ‘The solicitor I have is very good at his job’, ‘A1 Service thank you’ and ‘Finbarr Hennessy is an excellent solicitor and needs no improvement’.

It is all the more pleasing to note that, despite moving firms to us when Campion & Co solicitors stopped undertaking criminal work that his clients found their way to us and continue to receive the high level of service from Finbarr that they had grown used to.

Senior Crown Court Litigator Caine Ward deals with a high volume of the most serious of cases where the stakes, in terms of outcome, are particularly high.  A similar theme is revealed within the answers to our requests for client feedback – ‘You took the time to listen to us’ and ‘you listen to people and take time to understand even when people get mad’.

Caine is described as ‘Professional, courteous, informative and friendly’ and providing ‘great service, great experience and very professional and friendly’.  As a result another client stated ‘I have recommended people to you’.  The latter is perhaps the greatest compliment, that a client has been pleased with the level of service received and referred others to us.

Derek Brown deals with clients in the police station and before the Magistrates’ Court.  He is described as being ‘comfortable to talk to and very supportive under the circumstances’.  He ‘couldn’t get better’ and ‘helped me understand what was happening’.

In one particular case, Derek was unfortunately unable to provide the usual continuity of representation, but the client view was that the firm offered a ‘good legal team, it was a very good service’.

Finally, Julia Haywood has received feedback that would be unsurprising for all clients that met her.  One client said ‘I thought you were fantastic from day one.  You were very supportive to my family before and after sentence’.  Another mentioned that he was ‘treated with respect and dignity at all times’.

Further clients found Julia ‘helpful and understanding’ and a solicitor who provided ‘a professional service’.

Additional client feedback can be found here and here.

VHS Fletchers would hope that all of these comments demonstrate that we are a firm that you can trust with any matters relating to criminal defence.  If you wish to speak with one of our experienced lawyers please contact your nearest office here or contact us by email here.

Category Archives: News

The Proceeds of Crime Act 2003 (POCA) was introduced to ensure that convicted criminals were unable to have the benefit of their criminal activity after the conclusion of their cases through confiscation proceedings.

At the conclusion of certain types of proceedings, particularly drug trafficking offences and significant dishonesty offences, the prosecution are able to seek to recover what it alleges is the benefit from the criminal conduct.

Dependant upon the offence, the Crown are able to seek an explanation from the convicted person for all income, expenditure and assets acquired during a 6 year period prior to the commission of the offence.  Absent a reasonable explanation the court is able to treat such items as the fruits of criminal conduct.  The situation can be made even more complicated where the Crown allege that a person has hidden assets or has made inappropriate gifts to others.

Once a figure for this ‘benefit’ has been decided upon the court will then decide whether a person has sufficient assets to use to discharge this benefit figure.  This can involve the sale of property, cars or other assets by a person who may be serving a lengthy prison sentence.

A period of imprisonment is fixed if the money is not paid.  If the assets are not realised and the debt paid within 3 months then there is a risk that the period in default will be activated and the debt remain thereafter.

Understandably these are significant worries for our clients who face confiscation proceedings under POCA.  We take great care in assisting our clients to make sure they comply with all of their obligations under this extremely complicated and potentially draconian legislation  in an attempt to limit their liability and give them an opportunity to discharge any debt and rebuild their circumstances post-conviction.

Serena Simpson, from our Chesterfield office, has recently assisted as litigator in the case of a first time offender who pleaded guilty to supplying drugs.  The supply was only to a close circle of friends in order to subsidise his own drug use.

The Prosecution decided to proceed under the  Proceeds of Crime Act despite the fact he lived a lifestyle far removed from any drug dealing stereotype.

Serena set out with the client to undertake the potentially mammoth task of demonstrating how 6 years of income, assets and expenditure had been legally funded.

The client was helped to:

• Demonstrate  lawful income he received as an employee
• Confirming what bank accounts he had and explain the payments in and out
• Catalogue assets that would be relevant to the proceedings

Serena drafted a Statement of Assets and Means  which was served on the Crown Prosecution Service.  The through preparation on behalf of the client led the Crown to decide that it was not worth pursuing the client under confiscation and the proceedings were discontinued.

Not only did the client have nothing to pay under confiscation proceedings, he also had the benefit of legal aid which means that our advice and representation was free of charge to him.

If you need advice in relation to confiscation of other proceedings please contact your nearest office or email us.

Category Archives: News

A police interview as a suspect in a criminal investigation will be a daunting experience, even when you know that you are not guilty of the allegation being put.

Most people may not know what their rights are in this situation. o you have to speak to the police and answer questions? What happens if you don’t? What information do the police have to disclose before interview? What will happen if I don’t answer questions?

The image of what amounts to a formal police interview is now being blurred as police forces across the country are being encouraged to interview suspects by consent outside the police station.  This can often be in a person’s own home.  Although the aim is to make the process less time consuming for the police, voluntarily interviews  in these circumstance have the potential effect of making those interviewed take the process less seriously, and the safeguards that are present in the custody suite on arrest are removed.

At a police station a person being interviewed voluntarily or under arrest may well think the instruction of a solicitor wise.  The importance of legal advice if interviewed in your own home will be just as important.

What is said, or not said, in police interview will direct the course of the investigation and will have a significant effect on any Crown Prosecution Service review of the evidence.  The final importance of any decision made to answer police questions may not be fully appreciated by a suspect until a matter proceeds to court and trial.

The importance of legal advice is illustrated by a recent case.  The client was advised dealt by our experienced accredited police station representative Rob Lowe who is based at our Chesterfield Office.

Rob attended Chesterfield Police Station to deal with a client who had been arrested for allegedly breaching a court restraining order. This type of offence can be taken very seriously by the court, with a maximum sentence of 5 years imprisonment for a single offence.

As the client was represented at interview, Rob was able to speak to the interviewing officer to obtain the details of the allegation.  Such disclosure is not often given to an unrepresented suspect.  Brief detail revealed that Rob’s client was said to have sent text messages to the victim and attended an address where he was not allowed to be in breach of the court order.

Rob was not satisfied with that limited information  and was able to press the officer further about the evidence. The officer conceded that neither the alleged victim or the occupant of the address had confirmed in a statement that any offences had been committed.  No mobile phone records existed to support the allegations either.

Rob then had the chance to speak to our client and take his instructions before advising him about his obligations in the police station and the strength of the evidence against him. In this case there was no admissible evidence that could be placed before a Court.

Rob was able to advise the client that in the absence of admissible evidence there would be no case for him to answer.  As a result, the client was able, with confidence, to refuse to answer police questions.  The advice was proved to be correct when the police chose to take no further action in relation to the allegation.

There are several advantages to seeking legal advice wherever the police interview:

• you have the benefit of an independent solicitor representing only your best interests
• this advice and representation will be free of charge under the legal aid scheme with our firm
• you are far more likely to receive disclosure of the evidence against you
• you have an opportunity to see an expert opinion of that evidence
• you have the benefit of ordering your thoughts and responses to police questions prior to interview if you have chosen to answer
• alternatively, you can be confident in any refusal to answer the questions following full advice

This firm operates an emergency call out scheme 24 hours a day, 365 days of the year to provide representation in police interview.

• If the police contact you to speak to them please call us immediately.
•  If they arrive at your address and want to speak to you there and then insist on our attendance.
• If you find yourself in the police station awaiting interview make sure you ask for us.

Our representation in all of those circumstances will be free of charge to you.

Contact us immediately.

Category Archives: News

We are beginning the process of analysing the client feedback questionnaires that we have received over the last 6 months and will have the full analysis soon.  The comments will soon appear on a testimonials page, but we have taken the view that testimonials should be current and regularly updated.

Client satisfaction is important to us, and of course key to securing of repeat business or referrals onwards to family, friends or associates.

As a result, at the beginning of the process, it is gratifying to note some of the Feedback for the Chesterfield office.  Kevin Tomlinson is described by one client as doing ‘the best for me as I’m sure you do others’.  He describes contact being very easy to make, and previous dealing meant that the client and his family ‘knew we would get good service’.  He offered a ‘big thank you’ for Kevin’s support and honesty.

A second client commented that Kevin provided a ‘courteous, professional service, [feeling] fully represented in a fair and honest way to obtain the best outcome’.  This client has chosen Kevin as advocate on the basis of a favourable review from a neighbour.

Rob Lowe represents clients in the police station.  A client who had chosen to use our firm following an internet search had this to say about Rob – ‘Your help was very good and informative…I have only good comments to make about your service’.

A client who met Rob when he asked for the Duty Solicitor gave the following client feedback:  ‘Rob Lowe was excellent in advising me on everything’ and would be certain to recommend him to others.

David Gittins has only been working in Chesterfield for 15 months and as a result wouldn’t be known to clients who had previously dealt with the criminal department of Banner Jones solicitors who previously undertook criminal work from this office.  As a result, it is pleasing to here that a client of Banner Jones made the following comment about David – ‘Your service to me was excellent and the outcome was better than expected.  Thank you.’

Another client who used David through ‘word of mouth’ described ‘a very good service with no hassle’.

A Crown Court client made full use of the questionnaire to praise Ruth Campbell for the work that she and his in-house barrister Steve Gosnell  undertook on his behalf.  He describes the service as ‘excellent in all areas’ and described how he felt he was treated fairly and that the barrister ‘…was always direct and very professional’.  He was pleased that he had the benefit of legal aid that was free to him, and he extended thanks to everyone involved.

Prospective clients will soon be able to read more client feedback once we have updated the website, in order to be assured of the high level of quality advice and representation that this firm provides across all five offices and nationwide.

Category Archives: News

Nottingham solicitor Lauren Fisher shows that instructing the right advocate to mitigate your drink drive case on your behalf can make a real difference to the outcome of your case.

The first case was one of driving with excess alcohol.  The attention of the police was drawn to the car as it was being driven at speed and in an erratic manner and almost collided with the police vehicle.  When breathalysed Lauren’s client gave a reading of over three times the legal limit.

The sentencing guidelines for this offence can be found here.

Despite a starting point for the driving ban of between 23 and 28 months.  Following careful mitigation the disqualification was brought down to the minimum of 12 months.  The client was offered the Drink Drivers Rehabilitation Course which, if successfully concluded, will reduce the disqualification to 9 months.

In a second case, Lauren represented a client who faced an allegation of failing to provide a specimen of breath for analysis.  This was against a background of three previous convictions for driving with excess alcohol.

The circumstances of this offence were that the defendant had been identified as the driver of the vehicle after a collision.  He smelt of alcohol, had glazed eyes and slurred speech.  Instead of providing a specimen at the scene he became verbally abusive and tried to leave the vehicle, eventually being restrained.  He again refused to provide a specimen at the police station.

The sentencing guidelines are to the found here.  Owing to the circumstances the client apparently fell into the most serious sentencing bracket with a starting point of 12 weeks custody.  Lauren’s presentation of the mitigation available to her client persuaded the Magistrates to instead place the offending into the bottom category of sentence and, notwithstanding her record, her client received a £120 fine.

Legal aid is available for drink drive offences which means that Lauren’s representation was free of charge to these clients.  We will advise you on your eligibility.