Category Archives: News

The professions have received a ‘message’ from the Lord Chief Justice reacting to the changing situation relating to the spread of the virus and the justice system.

The full message can be found here.

Perhaps the headline announcement is that there will be no new trials starting for the foreseeable future.  While this may not affect those who wait for trials on bail, it will be of particular concern for those who are in custody.

We will wait and see what the court proposals are for dealing with issues such as bail and custody time limits applications.

Contact the fee earner dealing with your case if you have any questions.

Category Archives: News

A telephone conference between the Recorder of Nottingham Greg Dickinson QC and local practitioners took place today,  Matters discussed were as follows:

• Nottingham Crown Court has 74 trials listed between now and the end of April.  The majority are 3 days or less.  Of those the split is approximately 50/50 between bail and custody.
• Parties are encouraged to communicate to try and identify cases that can be compromised.
• Cases to be assigned to Judges so that they can be asked for input in appropriate cases.
• 90% of work won’t require a jury.  The court and practitioners should be concentrating on those cases that we can do.
• Use of telephone, skype and video link will be used to avoid attendance of as many people as possible if trials run.
• There was perhaps a general acceptance that trials, whatever their length, are not going to take place.
• The court is to consider the operation of a 24 hour emergency number for parties to use to notify the court if there are problems which mean hearings will not be effective to avoid unnecessary attendance of witnesses, jurors etc.
• It is envisaged that the government will enact legislation to suspend custody time limits.
• The principle concern will be the health of all participants in the court system.

If shorter trials are to continue then:

• the court will endeavour to list matters to convenience of advocates.
• the court will not bring trial matters forward without full discussion with the parties.
• consideration to be given to advocates not to have to be robed and wigged to avoid having to use the robing room.

It is likely that all cases listed for trial next week will be listed for Mention on Monday without the need for witnesses and jurors for further directions to be given.

A further meeting has been fixed for Monday 23 March to consider next steps.

Category Archives: News

Derby criminal law solicitor Nick Wright attended a telephone conference of Derbyshire’s Criminal Justice Board on 18 March 2020.

This was solely in respect of contingency plans for how to deal with the Covid-19 virus.  It is fair to say that the reaction to the situation by all agencies is fluid bearing in mind the change in government response to the pandemic and how that can affect staff.

Many agencies will have to change what they do as different numbers of staff are unable to come to work or have to work from home.

Agencies have been encouraged to send in their contingency plans to the Criminal Justice Board and they will be distributed them along with other news as necessary.

From the Board’s point of view the following is known:

The Police

The police have been working through worse case scenarios including if they have a 50% absence of staff.  That is on the basis that some departments can operate at 50% staffing levels, leaving other staff to be moved to other duties.  The police have considered what is a critical function, necessary or desirable.  Bearing in mind custody time limits, what’s happening in custody, etc, they are being flexible.

The police have noticed a current decrease in request for police services.

We are told that custody staff know what to do with suspected cases of the virus.  Health will come first.  Cases will be risk assessed to see if the person actually needs to be in custody.  Defence practitioners will be notified of suspected cases.  Safety kit is present in the custody areas and will be provided for defence representatives.  I am told there are masks and hand sanitising gel!!  Essentially the custody plan will take account of anybody visiting.

Courts

The courts have asked for prior notification from the police of defendants with the virus or suspected to have it before being passed to GEO Amey to see if they are going to be accepted at court.

The court, bearing in mind its statutory duty to ensure health and a safe place to work, are carrying out further risk assessments.  Larger court rooms will be used if possible so as to provide for greater distance between individuals in the room.

If anybody arrives at court showing symptoms of the virus, they will be turned away and the case adjourned.

The court is looking at what can be done via video or phone.  Some court staff will apparently be at home for 12 weeks.

Defence practitioners are encouraged to talk to the court in advance, e.g. if it is known that a case will be guilty plea, or even a not guilty plea, particularly for summary only matters, then the case can be done without any attendance at court, so reducing footfall in court and therefore risk.

The court is looking at using Skype including for magistrates, defence lawyers, etc.  The Crown Prosecution Service have some technical issues with Skype.  Some legislation (no detail yet) was passed on 17 March to allow hearings to be done by phone.  We will send out more information as and when we get it.  But it is hoped to be possible to plead guilty or not guilty by phone.  Probation Fast Delivery Report interviews can be done by phone.

Some Magistrates’ trials will be adjourned at short notice because of court staff going off sick, etc, and the court having insufficient staff to man the trial courts.  At this stage not all trials have been taken out of the list, only some.

Risk assessments are being done at each court centre.

For example, two trials at Derby Crown Court on 17 March were adjourned with custody time limits extended because juries, when asked, were not prepared to sit.  The court is managing the situation on a case by case basis.  CPS are liaising with resident judges.  So plans are fluid.

The Crown Court is otherwise running normally with the exception of trials anticipated to last more than three days.  The Lord Chancellor has issued a statement which is available online.

CPS say that they are having problems getting medical statements for cases.

There is now a national steer for how the courts are going to operate.

It is possible that all custody hearings will be done by Skype.  Practitioners are encouraged to ensure that their laptops are set up for Skype to work.

The courts even now can’t run anything near to full capacity so priority is to be given to remand courts and family cases.

Trials are going to be adjourned to a minimum of three months ahead if on bail.

The Bar has called for 30 day suspension of all ‘in person’ hearings but has stated that it will not be a breach of their rules if they don’t go in person to court because they are self-isolating.  Therefore, there is a perceived risk that the whole system could grind to a halt.

The courts are looking at seating arrangements, hand sanitiser availability at court, etc.  National updates all the time but efforts will be made to ensure that people sit at least 6ft 6ins apart.

Unsurprisingly, if staff fail to turn up on one particular day, e.g. for GAP, NGAP or Domestic Abuse Courts, the court will simply have to adjourn.  If there is prior notice, then the court will look at re-bailing people beforehand.

Crown Prosecution Service

As you can image, the CPS are working closely with the police.  They have lots of people working from home and an increasing number of staff self-isolating overnight.  There is the potential for them to have limited numbers of lawyers who can actually present cases in court.

Witness Service

The Witness Service has concerns for a number of their volunteers who either have underlying health conditions or are over 70.  There is a risk to them because of seeing witnesses in small rooms.  The service states that there may be a point where the service is not deliverable, but until then empty court rooms will be used to allow more space between witnesses and witness service staff.  They are very aware of their statutory duty to ensure a safe place of work.

Client attendance

No medical evidence is required if defendants are self-isolating and cases will be adjourned to slightly over 14  days.

If somebody is subject to a failure to attend warrant already, the starting position is not to surrender if they have the virus or are isolating.  The defendant could notify the police of their health situation.  The police, once that it is clear that a person is self-isolating, say that the default position is that health comes first, but each case will be looked at individually.

Youth Offending Service

They are operating well so far.  They have a plan for a reduced service if necessary, e.g. dealing with high risk cases only.

Prisons

The situation is being managed nationally. They expect to be in a serious position soon because of loss of staff to the illness.  Therefore, they will focus on the basics, feeding prisoners, keeping them alive.  Facilities will be stripped away as the situation gets worse.  Video link facilities will go early and quickly followed by legal visits.  Each prison will be different.

The prison is to tell the Criminal Justice Board of any changes and these will be circulated.

If the prison is in a position where it has insufficient staff to man video link hearings, the court acknowledges that it may have limited powers to further remand, although we are perhaps entering uncharted territory.

There will be a further update in about two weeks’ time.  Overall, there is a lot of vagueness on how the system will adapt to the conditions; and organisations are trying to plan.

Category Archives: News

Practitioners and potential detainees may find this document helpful in terms of how Derbyshire police will be processing prisoners who have, or are suspected of having, the COVID-19 virus.

Derbyshire Constabulary Custody : COVID-19 Contingency Plan

How can we help?

Not much.  And we have no toilet paper stash either.

The best we can do is publish information relevant to your police investigation and court case as we find out about it.  Follow us on one of our social media feeds for up to date information.

If you have a specific query about your case, or know that you can’t make an important date due to illness, please contact your nearest office straight away.

Category Archives: News

The Ministry of Justice is consulting on some minor tweaks to the current legal aid payments for Crown Court litigation and advocacy. The full consultation and supporting documentation can be found here.

Partner and solicitor advocate Andrew Wesley was one of only 46 solicitors who chose to take part in seven focus groups around the country. At the Nottingham meeting, several firms were represented by experienced practitioners, but many firms did not send a representative and their voices were not heard.

33 barristers took part in 4 similar focus groups and expressed their opinions on a range of matters relevant to the consultation. Unfortunately, and perhaps unsurprisingly, they made a case for an increase in fees based on the inadequacy of preparation by solicitors in relation to a whole range of issues.

The general tone of their feedback was that ‘good solicitors’ (or litigators) were few and far between and the independent bar were having to shoulder the burden of what had traditionally been areas for solicitors.

Solicitors criticised by the Bar

The first criticism came within the context of cracked trials, where the work undertaken by more junior counsel was said to be ‘front-loaded’ in terms of the duration of a case, and ‘included litigation aspects’. A damning conclusion was offered that ‘poor quality [and] limited solicitor work was said to drive front loading’.

A second criticism relates to the time spent analysing unused material. This was traditionally a job carried out by the solicitor or litigator who would request the appropriate material and then consider it. Defence statements would be drafted by the solicitor in an attempt to secure disclosure of this additional material.

Unfortunately, last year one barrister reported ‘We’re doing solicitors’ jobs for them as well because they don’t send along their support services, and then we have to do all the returns as well. We have to email people in the middle of the night to tell them what’s been going on during the day. It’s very time consuming.’

This appears to be a widely held view as ‘barrister participants reported that previously solicitors did a thorough job examining the unused material and provided the barristers with details of the areas that they needed to look at. However increasingly, in their view due to financial pressures, solicitors were doing this less and less and leaving it to the barristers.’

Are there any good solicitors left?

The barristers surveyed were able to identify ‘good solicitors’ who still undertook this work, but they are, apparently, few and far between. In all four barrister focus groups the view was expressed that unused was not being considered by solicitors as it should be. Barristers said that ‘this was caused by solicitors being “so overburdened with work” and having so much pressure to make turnover”.

Expanding further, counsel offered this opinion – ‘[Solicitors] earn so little in the magistrates’ court that the litigators’ fees for these cases are just a sort of bounty for them. They don;t do any work on them. It’s those fees that allow them to keep their practices running, so they just punt it all off to the barristers who then have to do all the work on it.’

Unsurprisingly, solicitor participants stated that they did review unused material. It was often a key part of the case and a dereliction of their professional duties if they did not. This may be a result of only ‘good solicitors’ choosing to take part in the consultation exercise.

VHS Fletchers’ attitude to Crown Court cases has not changed. We have Crown Court preparation undertaken by dedicated Crown Court litigators, reflecting the fact that the preparation of Crown Court cases involves a particular skill set. Our litigators attend court, whether in support of independent counsel of in-house barristers of solicitor advocates.

Other local firms have adopted the same attitude, and choose to employ litigators or send solicitors in support and who properly prepare cases, whether for trial or plea.

Ministry of Justice presented with incorrect impression?

However, the reality remains that the barristers surveyed are either misrepresenting the lack of work that solicitors undertake on cases, or they are telling the truth about a significant number of firms. If it is the latter, the Ministry of Justice is getting a skewed version of the professions, but will no doubt make decisions in relation to litigator and advocates’ fees accordingly.

If the truth is that across the board solicitors and litigators are doing less then why would the Ministry of Justice pay us more? If the work we as solicitors are doing is actually reducing then why would we expect to be paid more?

It seems clear that the solicitors who take part in these focus groups are the ones that do the work expected of them and within the existing fee structure. They then take the time to attend these meetings in their own time to try and encourage proper payment for work properly done.

While one effect of consultation documents such as this may be to divide the profession, counsel may be better served complaining about the lack of work being undertaken by specific firms to the firm, Legal Aid Agency or SRA, rather than arguing for a financial benefit as a result of the inaction.

We are talking about Keres & Co aren’t we?

The behaviours explained of by counsel in these focus groups appear to very much match those highlighted by the Secret Barrister by the ‘fictional’ firm Keres & Co.

Everybody knows a Keres & Co (or two) but it appears that nothing can be done about them. The activities aren’t picked up on peer review or Legal Aid Agency Audit. The SRA aren’t interested without ‘evidence’ and of course evidence coming from disgruntled clients (who may well have convictions) may not be particularly persuasive.

We have now, however, reached a point where not only are these firms taking work from those solicitors that will do the work, but are now affecting our ability as a profession to negotiate proper fee increased that reward a job well done. They have given the Independent Bar ammunition to use in an attempt to secure a greater share of the ever shrinking legal aid pot.

Tell the public what good solicitors should be doing for them?

Those ‘good solicitors’ left need to publicise what we do and work with counsel to publicise what should be expected of a litigator. This will allow clients a better insight into what their solicitor should be doing for them, improve the lot of the barrister, and help secure a financial settlement that is fair to both halves of the profession.

Category Archives: News

As the UK prepares to move into the ‘delay phase’, changes are expected to criminal justice procedure. So, what might be expected to change?

Criminal Investigations

In the event of any public disorder, work on low priority criminal investigations may slow or stall entirely as police resources are diverted elsewhere.

Most police custody suites hold relatively few individuals and they are generally not held in close proximity, so this should not present any particular difficulties for policing.

If police officers are off sick, capacity may be affected, and this again may impact on police work volumes.

Precautions already in place, such as not shaking hands and being extra vigilant to observe basic hygiene rules are likely to be emphasised.

Criminal Proceedings

Some criminal processes can be changed by way of secondary legislation, so it is possible that custody time limits which regulate the maximum period a person can be held in custody, might be lengthened (The Prosecution of Offences (Custody Time Limits) Regulations 1987).

Other processes will need to be changed by way of emergency legislation.

The Civil Contingencies Act 2004 does not permit changes to ‘criminal proceedings’. The term ‘criminal proceedings’ is not defined in the Act and has been the subject of intense discussion in the past (concerning terrorist provisions), but would likely be interpreted as being the point from charge.

Therefore, it is likely that the government will have to introduce further emergency legislation to deal with changes to video-link arrangements and case management, particularly as the use of juries may become too high a risk.

We are however unlikely to see the equivalent of ‘Diplock Courts’ (trial by Judge alone).

Prisons

Prisoners are held in a large population at close quarters, and this makes the prison estate a high-risk area for the spread of infection. The absence of prison staff due to illness will increase pressures further and may leave some prisons too challenging to manage.

The Secretary of State already has powers that would allow for the early release of prisoners, and this may need to happen, no matter how politically unattractive this may seem.

We will have to wait and see what proposals emerge as the coronavirus spread continues. Be assured, however, that at the forefront of our thinking will be safeguarding of fundamental rights, and we will not hesitate to challenge any processes that threaten to weaken these.

How can we help?

Not much.  And we have not toilet paper stash either.

The best we can do is publish information relevant to your police investigation and court case as we find out about it.  Follow us on one of our social media feeds for up to date information.

If you have a specific query about your case, or know that you can’t make an important date due to illness, please contact your nearest office straight away.

Category Archives: News

A new series on Netflix, ‘The Stranger’, is receiving rave reviews.  Viewers have been keen to discover the secret being kept from lawyer Adam Price as he searches for his missing wife.

There are many sub-plots along the way that involve the blackmail of several individuals keen to suppress unsavoury stories that could otherwise make their way into the public domain.

What is ‘blackmail’?

Section 21 of the Theft Act 1968 defines the offence in the following terms:

“A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:

(a) that he has reasonable grounds for making the demand; and

(b) that the use of the menaces is a proper means of reinforcing the demand.

The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.”

In almost all instances the offence involves a threat to reveal information known about a person unless that person, or another on their behalf, pay to keep it a secret.

What is the penalty for blackmail?

The offence carries up to 14 years imprisonment.  As a result it is one of the most serious crimes on the statute book.

In Hadjou 11 Cr App R (S) 29 the offence was described as one of the ugliest and most vicious criminal offences, akin to “…attempted murder of the soul”.

These are some examples of the general approach to sentencing:

Mincher [2016] EWCA Crim 1528

A sentence of two years imprisonment had been passed, suspended for two years.  This was judged to be unduly lenient and replaced with five years imprisonment.

In this case the defendant had threatened the victim that if he did not give her the money she wanted, she would tell the police that he raped her.  The defendant took in total £40,000 from the victim and was described as a socially awkward and vulnerable man.

The court held:

“Blackmail [is] one of the most serious and vicious offences in the criminal calendar. The authorities suggest that threats to disclose discreditable conduct, whether that conduct occurred or not, are to be taken even more seriously because the injury done to the victim “tends to be enduring fear, ever present anxiety and fear of discovery which gnaws away at the victim for long periods”.”

MJC [2015] EWCA Crim 1519

Here, a sentence of two years imprisonment was reduced to eight months on appeal.  The defendant was a 33-year-old married man of good character.  His wife’s 14-year-old sister became involved in an exchange of sexually explicit images with a 16-year-old boy, the victim. The defendant, aware of the pictures, threatened to report the complainant to the police unless he was paid £75.

The court held:

“In the present case, it is evident that there was no sophistication or premeditation in the blackmail. However, for a mature man to make the kind of threats he did to a misguided young man, as the appellant did in this case, albeit over a limited period of time, was plainly deeply unpleasant.”

These cases show that while there may be a wide variation in sentencing, the result will be very much fact specific.  No case has the status of a sentencing guideline, but in almost all cases a sentence of imprisonment will result.

Contact a criminal law specialist

Blackmail will always be treated as a serious matter.

If you are arrested or know that the police wish to speak to you about an allegation involving blackmail, make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

Alternatively you can contact us using the form below.

Category Archives: News

Many professionals are held by their regulators to a higher standard than other members of the public. Conduct which may fall well short of being criminal in nature may nonetheless excite the interest of a regulator, with the potential for censure.

In the most recent case of Diggins v Bar Standards Board [2020] EWHC 467 (Admin), a barrister failed in his challenge to a sanction being imposed in respect to an unpleasant social media post.

No ‘second bite of the cherry’

The court emphasised that an appeal was not a de novo exercise, allowing for another chance to litigate the same points in the hope of a different finding.

The court held:

“There is another strand to the self-restraint required of an appeal court that is relevant here. This is an appeal against a professional disciplinary Panel.  Where the Court considers on appeal a decision of a profession’s regulatory or disciplinary body it:

“…will place weight on the expertise brought to bear in evaluating how best the needs of the profession and the public should be protected” (Council for the Regulation of Healthcare Professionals v General Medical Council [2005] EWCA Civ 1356 [2005] 1 WLR 717 [78]).

In the context of sanctions imposed by regulators of the legal profession, the Court will keep in mind that the tribunal “.. comprises an expert and informed tribunal, which is particularly well placed in any case to assess what measures are J required to deal with defaulting solicitors and to protect the public interest.

Absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.

Nevertheless if the High Court, despite paying such respect, is satisfied that the sentencing decision was clearly inappropriate, then the court will interfere.””

This part of the judgment is a salutary reminder that it is all essential to get things right at the first hearing. Any professional who faces regulatory proceedings should take particular care to ensure that the solicitors and barristers instructed are sufficiently expert in this field of law.

Right to a private life?

The central ground of challenge was that the regulator had no jurisdiction to deal with disputes of this nature, with Diggins arguing that:

“…participation in a “twitter spat” was an aspect of his private life which, on the proper interpretation of the BSB’s own rules and guidance and/or as a matter of human rights law, falls wholly outside the proper scope of professional regulation.”

The court emphasised that the regulators own guidance makes very clear that transgressions in a professional’s private life may be considered. The court went on to reject a large number of ECHR human rights challenges.

Rather tellingly the court held:

“…[caselaw does not] provide any support for the further argument advanced to me by the appellant, that the Panel could not properly find against him because “Twitter is famously rude and offensive and complaining of that is like going to a Motorhead concert and complaining it is too loud”.

It is a notorious fact that many on Twitter use rude and offensive language, indeed that some engage in harassment of others, or wounding “pile-ons”.

But I have no evidence, nor is it a matter of common knowledge, that everybody on Twitter behaves in these ways.

Even if that was so, a descriptive norm of that kind could not confer a right on any individual user to post rude or offensive messages. If the argument is that every Twitter user makes a voluntary submission to behaviour of that kind, no such argument was advanced below, and I consider it to be untenable.

I see no evidential or other basis for concluding that all Twitter users consent to being treated abusively or offensively.”

Conclusion

In all probability, we have not seen the last of these challenges to the jurisdiction of a regulator to police behaviour of this type. It is, however, becoming quite clear that the courts appear to take little issue with the regulatory approach, and all professionals would be wise to reflect on how they interact on social media and other platforms.

Contact a specialist regulatory solicitor

If you are facing proceedings relating to professional conduct and regulation then please contact specialist regulatory solicitor Martin Hadley.

He will be able to provide you with advice and representation at all stages of any criminal, regulatory or disciplinary matter.

Please contact Martin on 0115 9599550 or use the contact form below.

Category Archives: News

We often get asked how prosecutions can proceed in the absence of cooperation from the victim or chief witness.  The recent sad case of Caroline Flack’s  has brought such issues into the eye of the public.

The starting point is that no prosecution can go ahead unless there is a realistic prospect of conviction.  How the prosecution case is formulated remains a matter for the Crown Prosecution to decide.

These are common issues:

Where a statement has been provided

If a witness will not cooperate, the prosecution has the option to apply for a witness summons to force that witness to court.  Almost all witnesses are ‘competent’.  This means that they can be called to court to give evidence.  If they refuse to attend voluntarily then they can be brought to court under arrest.

Once in the witness box a witness may then decide to answer questions and the case will proceed as usual.  If a witness refuses to answer questions they may be punished for contempt of court.  This threat is often enough to persuade them to comply.

In some instances a witness cannot be forced to answer questions.  Witnesses in such cases are referred to in law as ‘not compellable’. We can advise further on the rules that apply to any specific case.

Where a witness is absent

The prosecution may be able to rely on the witness’s evidence by making an application under the hearsay rules.  This procedure is often used if the witness is too frightened to give evidence or cannot be found.

The rules here are particularly complex.  You will wish to take legal advice and all of our solicitors are well versed in their proper application.

No statement is ever made

The prosecution may be able to proceed without any evidence from the witness.  The CPS can rely on  on other witnesses or sources of evidence.

In cases where the police attend an alleged domestic violence incident, the officers may well have taken footage on body worn video cameras.  These record what is said and done when they arrive.

In law, this is termed real evidence and may also amount to what is referred to as ‘res gestae’ evidence.  This means that it may well be admissible.

You can read about the issue of ‘res gestae’ here.

You can read about a recent case illustrating the point here.

The evidence of a person who makes an accusation in the immediate aftermath of the incident may find that this account is admissible at trial even without their attendance.

Similarly, any admissions recorded at the scene, whether via video or other means,may also be admissible under normal principles. The same may well apply to ‘999’ calls to emergency services.

The wider public interest?

There is a wider public interest in pursuing some prosecutions, even where the immediate victim of the crime does not wish the matter to progress to court or trial.

Contact a criminal law specialist

If you are arrested or know that the police wish to speak to you about an allegation where there may be a reluctant witness, make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

The legal rules outlined above give only a brief flavour of the legal framework, the legislation and case law is voluminous and seldom as clear cut as some might think.  Legal representation is likely to be key to the outcome of your case.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

Alternatively you can contact us using the form below.

Category Archives: News

Matt Hancock, Secretary of State for Health and Social Care, has written to NHS staff voicing his concern in relation to the use of violence against emergency workers.  Hancock’s approach mirrors that taken last year by police chiefs who were worried about the rise in violence used towards their police officers.

Last year’s NHS Staff Survey revealed that 15% of NHS staff and 34% of ambulance trust staff had experienced physical violence.  As a consequence, the NHS, police and Crown Prosecution Service have approved a joint agreement on offences against emergency workers.

The purpose of the joint agreement is to provide a framework to set out what victims of this crime can expect and to ensure effective investigation and prosecution. The joint agreement is in relation to assault on all emergency workers and there seems to be a renewed focus on this area.

What differs from the policy towards other victims of violence?

At investigation level the agreement sets out that the Victims’ Code applies.  As a result victims will be offered the opportunity to complete an impact statement  This is the same for all victims, but there are substantial differences in other respects:

• organisational impact statement – the organisation (hospital, GP surgery, ambulance service) cam set out the impact that the crime has had on their service
• community impact statements may be submitted
• guidance on the management of potential exposure to blood-borne viruses should be considered. It advises on the risk of infection through injury of Hepatitis B, C and HIV

The decision to prosecute

The charging decision is made in the same way for all offences using a two-stage test.  The first question is whether there is sufficient evidence for a realistic prospect of conviction.  If the answer is yes, the second question is whether a prosecution is required in the public interest.

It is acknowledged that assaults on NHS staff are sometimes committed by those in crisis or with neurological conditions.  The CPS must take account of the level of culpability of the suspect including whether he or she was affected by any significant mental or physical health or disability.

If they were so affected, it may mean that a prosecution is not required. On the other hand, prosecutors are told that a prosecution is more likely if the offence is committed against a person who is serving the public at the time.

Challenging a decision not to investigate or prosecute is the same for NHS staff as for other victims.  An issue can be raised with the police if they decide not to proceed with an investigation or the victim’s right to review can be invoked following a CPS decision.

An important aspect of seeking our expert legal advice if you are being investigated or prosecuted for such offence is that when  appropriate we will identify cases where it is appropriate to challenge a wrongful charging decision.

This will be particularly relevant in cases where a client was suffering from mental or physical disability that could have affected their judgement.

A Seven-point plan

The agreement contains a pledge to emergency workers via a seven-point plan, which can be summarised as:

1. assaults and hate crimes will be investigated in the same way as for members of the public;
2. the Victims’ Code applies to all victims including staff and volunteers;
3. the affected member of staff should not investigate their own assault;
4. the right welfare and supervision should be offered to victims;
5. the supervisor must ensure that the head of department is informed to provide continuity of welfare support;
6. the victim is to complete a Health and Safety incident report with their supervisor;
7. to ensure a successful prosecution, the best evidence must be presented.

As can be seen, this plan tackles a perception that assaults against emergency workers could be seen as being something to be expected or tolerated as being a part of the job.

All our lawyers are trained to ensure prosecution guidance is properly applied.  We are also trained to ensure that Magistrates and Judges properly apply the sentencing guidelines for any given offence.

It is always a risk where particular types of case are given substantial publicity that courts react in an overly harsh way towards defendants.  We will ensure that the best result possible is secured on your behalf.

How can we help?

Assault on an emergency worker is more serious than common assault, carrying a sentence of up to 12 months, and as a result we are seeing more cases come before the Crown Court for sentence.

More serious assault will continue to be charges as allegations of assault occasioning actual bodily harm or wounding.

If you are arrested or know that the police wish to speak to you about an allegation involving an emergency worker, make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

Alternatively you can contact us using the form below.