Category Archives: News

The current Government definition of domestic violence is any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to:

• psychological
• physical
• sexual
• financial
• emotional abuse.

Domestic violence allegations are understandably taken very seriously by the courts.  Particular sentencing considerations are set out here.

David Gittins recently represented a client before Chesterfield Magistrates’ Court charged with an assault on his partner.  The allegations, if true, were of a serious nature.  David’s client was said to have head butted the complainant and then strangled her so that she nearly passed out on the bed.  His partner had reported the matter almost immediately to a friend who visited the property and saw her in a distressed state.

David’s instructions, however, set out a different factual basis to the incident.  He maintained that an argument had led to his partner hitting him leading to injury, and he had had to take steps to restrain her leading to a clash of heads.

At trial, David had to undertake careful cross-examination of a visibly distressed witness.  His client then had the opportunity of giving his account to the Magistrates.  Both accounts had elements in common, but as the client’s account was consistent, plausible and backed up by medical evidence from the hospital detailing his injuries the Magistrates found him not guilty after trial.

The client had successfully applied for legal aid to ensure that his representation was free of charge to him.

Category Archives: News

Two articles today raise concerns about the ability of Liz Truss to properly discharge her functions as Lord Chancellor.

A Times interview with Lord Faulks, ex-justice minister (who had served under the two previous Chancellors) seems less than enamoured with the appointment of Liz Truss as the first woman Lord Chancellor in 800 years.

Her promotion led to his resignation owing to her perceived inexperience and lack of the necessary ‘clout’ to stand up to the Prime Minister on behalf of Judges.

Truss’s appointment continues the pattern of appointment to the office of individuals who are not lawyers, leading to suggestions that this shows a low regard from Government of the justice system in general.  The current trend began with the appointment of the hapless Chris Grayling in 2012.  His successor Michael Gove appeared to spend much of his tenure undoing the mistakes of Grayling, while appearing to generate working relationships with sectors of the profession and setting out welcome plans for prison reform.

Lord Faulks expressed concerns that it fall to Truss to ensure that adequate funding was provided for the courts, and importantly that the rule of law is upheld across Government.  The appointment appears to run counter to the conclusion of the Lords Constitution Committee who in 2014 stated that the Lord Chancellor should be a politician with significant ministerial or other relevant experience and with sufficient authority, and without an eye to a political career.

In that regard, while being pleased that the post has been awarded to a woman, Lord Falconer expressed concerns.  He stated that it was worrying that Theresa May “has appointed an ambitious middle-ranking minister unlikely to challenge the PM if she thought it might damage her career.”  Damningly he claimed ‘Liz Truss has not the experience or gravitas and gives every impression of only wanting to climb the greasy pole.”

An on-line article in the Legal Business Blog talks of the appointment being an ‘underwhelming one, given her track record in voting in favour of legal aid cuts [and] her perceived lack of intellectual rigour.”  The final question posed is ‘How did Dominic Grieve not get the job?’

UPDATE:

In an opinion piece in The Times today (behind a Pay Wall unfortunately) Lord Falconer goes further and sets out his view that the appointment of Liz Truss is unlawful.  The relevant legislation is the Constitutional Reform Act 2005.  Part 2 sets out a prohibition against a recommendation for Lord Chancellor unless the nominee is qualified by experience.  The experience listed on her website doesn’t seem to make the case very strongly.  Is the appointment open to challenge?

FURTHER UPDATE:

The Tory chair of the Commons justice select committee has become the latest senior political figure to question the credentials of newly appointed lord chancellor and justice secretary Liz Truss.  Story to be found here.

Category Archives: News

Chesterfield solicitor Kevin Tomlinson represented a client at trial charged with a breach of a restraining order protecting his ex-partner.  The presentation of the case to the Magistrates was to be made potentially more difficult due to the following factors:

• that the client was contesting the trial from custody
• the witness would be giving evidence from behind a screen
• in the same proceedings the client had accepted being in breach of a restraining order on two separate occasions.

There is always a risk that such ‘bad character’ evidence or a witness behind a screen (‘special measures’) will be highly prejudicial.

In any event, the complainant and a second witness were confident that the person they had seen was Kevin’s client.  Both knew him, and the complainant had been in a relationship with the complainant for several years.  The quality of the identifications was apparently good.

Fortunately for the client, Kevin’s years of experience told him that you could not take the quality of the identification evidence for granted.  Kevin knew the area and was able to demonstrate the the court through maps and on-line street views that the witnesses’ views were not as good as they pretended.

Kevin’s thorough cross-examination of the witnesses raised a doubt in the mind of the Magistrates and the client was acquitted of this allegation, much to his relief.

Kevin’s client also had the benefit of receiving legal aid which meant that the preparation and representation given by VHS Fletchers was free of charge to him.

Category Archives: News

Chesterfield solicitor Ben Strelley  was instructed by a 15 year old client appearing before Chesterfield Youth Court.  The client faced an allegation of being drunk and disorderly in a public place.  Upon being spoken to by the police it was said that he then assaulted two police officers.  He had not been in trouble with the police before.

Ben’s client had chosen not to have a solicitor with him when he was interviewed by the police.  As a result of not receiving early advice on the strength of the evidence he had not accepted the statements of the police when interviewed.  He had therefore been charged rather than consideration be given to an out of court disposal.

Upon taking instructions at court, Ben identified that his client was not disputing the account given by the police.  The reality was that he was so drunk that he could not remember what had happened and had no reason to challenge the allegations.

In those circumstance, Ben felt it appropriate to argue that the matter should be referred back to the police for consideration of an alternative disposal.  Despite the pressure from the court and prosecution to make progress by way of a guilty plea, Ben was able to persuade the court that the adjournment should be granted and detailed written representations were made straight away.

Unfortunately, as is often the case, when the matter was back before the court the prosecution claimed that the client was not eligible for an alternative disposal, although no reasons why were give.  Again,  in the face of pressure from the prosecution, Ben made a compelling argument for a further adjournment which was granted.

Ben correctly identified the relevant issues and fought on behalf of his client in a climate where pressure is always on the solicitor and client to make progress and not delay matters.  Ultimately his persistence paid off and the client was placed on an  intervention program under the supervision of the Chesterfield Youth Offending Team and all of the charges were withdrawn.

Ben’s client also had the benefit of being represented under the legal aid scheme which means that the advice and representation received was free of charge to him.  Had the client chosen to have Ben’s representation in the police station as well this outcome could have been achieved earlier, again with the benefit of free legal aid.

Category Archives: News

Nottingham Solicitor Nick Walsh represented his client for a benefit fraud alleged to be in excess of £27 000.  During a four year period it was said that she claimed as a single parent while in reality she was living with her husband.  The prosecution, on behalf of Gedling Borough Council and the Department of Work and Pensions, alleged the claim was fraudulent from the outset.  This meant that  a conviction for an offence of this value would mean that the starting point that the court would consider for sentence would be 36 weeks immediate custody.  The appropriate guideline can be found here.

Thorough preparation by Nick meant that the evidential issues were properly identified.  Although his client was guilty of the offences, Nick was able to provide evidence to the prosecution that showed that the period during which his client and her husband were living together was much shorter.

This evidence was accepted by the prosecution and the client was sentenced on the basis of an over claim of £2000 rather than the original £27 000.  This made a significant difference to sentence.  This value in combination with Nick’s sensitive mitigation meant that the  the Magistrates’ were able to depart from the guideline further and simply impose a fine rather than a low level community order.

The client had the benefit of legal aid to permit preparation and representation before the court that was free of charge to her,

Category Archives: News

Nottingham solicitor Derek Brown strayed off the beaten track to travel to Stratford Youth Court in London to represent a client at sentencing.  He had dealt with her initially at the Bridewell police station in Nottingham as Duty Solicitor.  He continued to provide continuity of representation at several further bail dates at the police station and finally represented her before the youth court in Nottingham.

His client had pleaded guilty to numerous charges of fraud by false representation and being in possession of an article for use in connection with fraud.  She had travelled from London to Nottingham with an adult co-accused with a false provisional driving licence to open mobile phone accounts in a number of stores.  The total fraud was in excess of £10 000.

Although the offending was in Nottingham, because of his client’s age the case was sent to her local youth court.  Understandably, bearing in mind the value of the offences, the Nottingham court has expressed a view that custody must be considered, despite her age and lack of previous convictions.

Bearing in mind Derek had had conduct of the case throughout, and the vulnerability of his young client, he felt it appropriate to continue with his representation of his client rather than pass the sentencing hearing on to an agent local to Stratford court.

Although serious, Derek was able to persuade the sentencing Magistrates that this was a case of misjudgement while under the influence of an older male, and aside from this offending she had a promising future.  As a result, the court was persuaded that a custodial sentence was not required and instead his client received a community based disposal, a referral order.

The client had been entitled to legal aid which meant that Derek’s representation in the police station and at both courts was free of charge to her.

Category Archives: News

Nottingham Solicitor Advocate Phil Plant secured a not guilty verdict before a jury at Nottingham Crown Court for a client charged with Assault Occasioning Actual Bodily Harm.  The allegation was that our client had launched an unprovoked attack to the alleged victim involving a head butt, repeated punching and the brandishing of a knife resulting in various injuries.  The allegation was corroborated by police officers who attended the scene and found the complainant in a distressed state.

The client himself presented as vulnerable, having long term medical conditions affecting his mental health. He provided an alternative account, accepting that he was present but that the complainant had fabricated this allegation and had made false allegations in the past.  He maintained that the complainant was drunk and responsible for her own injuries.

Phil drafted careful admission that went before the jury, providing them with the full circumstances that assisted the jury to decide that the evidence of the complainant could not be relied on to make them sure that the client was guilty.

The client was relieved following the not guilty verdict, and had the additional benefit of legal aid which meant that his representation by Phil and the preparation by Sarah Lees-Collier was free of charge to him.

Category Archives: News

Nottingham Solicitor Nick Walsh secured a not guilty verdict for a vulnerable client in a road traffic trial.  She had been charged with an allegation of failing to provide a specimen of breath for analysis.  It was accepted that the client had refused to provide a specimen and the trial issue was whether she had a reasonable excuse.

Nick instructed an expert witness to provide evidence as to the client’s medical condition.  The expert gave an opinion based on CCTV footage of the request for a specimen and the client’s reaction, concluding that her subsequent diagnosis of Bipolar Affective Disorder meant it likely that she lacked the capacity to make a decision or act appropriately due to her mental state at the time.

The Crown, surprisingly, chose to call no evidence to challenge that of the doctor but still pursued the matter to trial.  The client was found not guilty.

The client had the additional benefit of receiving legal aid which meant that the representation she received, including the securing of expert reports, was free of charge to her.

Category Archives: News

We are pleased to welcome back Nottingham  solicitor Lauren Manuel from her maternity leave to resume responsibility for POCA and related matters.  Although based at the Nottingham office, she will be using her expertise in confiscation proceedings before the Crown Court and cash seizure and enforcement proceedings before the Magistrates Court to provide advice, assistance and representation to all of our clients nationwide.

Lauren has held the Higher Courts qualification since 2010 so will be able to provide advocacy in all courts to ensure continuity of representation.

Please contact Lauren at the Nottingham office or by email to lauren.manuel@vhsfletchers.co.uk to discuss your case and receive expert advice.  Lauren will always give you advice as to the best way to fund your case, and confirm that in most cases legal aid will be available.

Category Archives: News

Trial success for Chesterfield solicitor David Gittins before the Magistrates’ Court.  His client faced allegations of assault upon his ex-partner and her mother in their home.  Both witnesses gave evidence but careful cross examination by David revealed that neither witness was being truthful to the court.  The prosecution conceded that there was no longer a case to answer and invited the court to dismiss the charges.

The client was represented under the legal aid scheme which means that our representation was paid for by the Legal Aid Agency.