Category Archives: News

On 10th March 2001, HRH Prince Andrew is alleged to have met and been photographed with a lady who has accused the Prince of sexual misconduct.

In a BBC interview, Prince Andrew throws ridicule on that suggestion and throws up two interesting observations in an attempt to establish an alibi:

“On that particular day that we now understand is the date, which is 10th March, I was at home, I was with the children and I’d taken Beatrice to a Pizza Express in Woking for a party at I suppose sort of four or five in the afternoon.

“…and then because the duchess was away, we have a simple rule in the family that when one is away the other one is there.”

Understandably, a member of the Royal Family may well remember a trip to Pizza Express, usual for the rest of us, but perhaps not a typical dining arrangement for the privileged few.

Does this stack up as an alibi?

In law, an alibi is defined as follows:

“…evidence tending to show that by reason of the presence of an accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.”

The fundamental problem with Prince Andrew’s account is that this alibi can only recover what must have been a relatively short period of time, the journey to and from the restaurant (about 40 mins each way assuming the Prince was at his Windsor home) and time at the party itself (imagine 2 hours), so in total may be no more than 4 hours or so.

Unless the timing of the allegation is such that it corresponds precisely with the time Prince Andrew claims to have been in Woking  this alibi will be evidentially of little significance.

The next part of his account is also an alibi and amounts to a not unreasonable claim that he was at home (presumably looking out for the children, although he neglects to say this) because his wife was away.

Again, as a starting point, this is not at all unreasonable, but we have a direct contradiction of accounts and a photograph which has not been established to be anything other than genuine at the moment.

This clash of accounts would need to be tested by a jury in a criminal trial.

In short, mere assertions of alibi tend to be almost worthless. A robust defence strategy would nail down the times, and look for corroborative evidence. A prosecutor might easily find numerous occasions where both family members are away and ask about childcare arrangements – it is by no means unusual for members of the Royal Family to employ staff to look after children.

Regrettably for the Prince, his TV interview established nothing over and above a bare denial, which he had already given.  Indeed it appears that other aspects of his account are already being challenged – incapable of sweating and not one to hug.

The relevant video can be found here.

When our clients come to give an account on such a vital issue such as alibi, we ensure that a robust and detailed case is presented to the court.

When reputation and liberty are at stake, you should leave nothing to chance.

Contact a specialist criminal solicitor

If you are arrested or know that the police wish to speak to you about any offence then 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

The prosecution, via the Attorney General, has the right to ask the Court of Appeal to consider whether sentences for certain offences are unduly lenient.

How does the scheme work?

Anyone can ask the Attorney General to consider whether a case has resulted in an unduly lenient sentence. If the Attorney agrees an appeal will be lodged within 28 days of that sentence and the court will consider the matter.

This scheme is essential protection against sentences that are too lenient.

We have previously posted about the scheme here.

Can it be used for any offence?

There is a list of offences that the unduly lenient sentence scheme applies to.  It is a relatively extensive list, but the government has announced that further offences are soon to be added to it.

How often are appeals lodged?

The Attorney General does not invite the court to interfere lightly.  Even though around 1,000 requests for a review are made each year only a fraction are referred to the court.  Typically between 100 and 150 sentences are increased each year.

In all cases where an appeal is heard, we will fight extremely hard to prevent any increase in sentence.

What offences are to be added to the list?

The following offences will be added:

• Abuse of position of trust: sexual activity with a child (s.16 Sexual Offences Act 2003),
• Abuse of position of trust: causing or inciting a child to engage in sexual activity (s.17 Sexual Offences Act 2003)
• Abuse of position of trust: sexual activity in the presence of a child (s.18 Sexual Offences Act 2003)
• Abuse of position of trust: causing a child to watch a sexual act (s.19 Sexual Offences Act 2003)
• Inciting a child family member to engage in sexual activity (s.26 Sexual Offences Act 2003)
• Sexual activity with a person with a mental disorder impeding choice (s.30 Sexual Offences Act 2003)
• Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity (s.31 Sexual Offences Act 2003)
• Engaging in sexual activity in the presence of a person with a mental disorder impeding choice (s.32 Sexual Offences Act 2003)
• Causing a person, with a mental disorder impeding choice, to watch a sexual act (s.33 Sexual Offences Act 2003)
• Possession of indecent photograph of a child (s.160 Criminal Justice Act 1988)
• Taking, possessing, distributing, publishing Indecent Photographs of Children (s.1 Protection of Children Act 1978)
• Harassment: putting people in fear of violence (s.4 Protection from Harassment Act 1997)
• Stalking involving fear of violence or serious alarm or distress (s.4A Protection from Harassment Act 1997)
• Controlling or Coercive Behaviour in an Intimate or Family Relationship (s.76 Serious Crime Act 2017).

How we can help

If you have instructed VHS Fletchers in your case after your sentencing we will give you immediate advice if we have concerns that there may be a complaint that you have received an unduly lenient sentence.  Unfortunately, the process is out of our hands however and we have no control over whether or not a reference is made.

In the event of an appeal, a great deal of work can be done on your behalf to prepare your case for this next stage.  Thorough preparation can make all the difference as to whether or not the court of appeal interferes with your sentence.

If you face an appeal on the basis that you received an unduly lenient sentence or are concerned about any aspect of criminal law or sentencing then do not hesitate to contact your nearest office to speak to a criminal law specialist.

Alternatively you can use the contact form below.

Category Archives: News

The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences.  At the moment, guidance is to be found only in case law.  This can lead to a challenging sentencing exercise.

The purpose of the guideline is to provide consistency in sentencing for firearms offences.  The impact assessment does not suggest that any general increase in sentences is to be expected, although in many instances the Sentencing Council was met with a weak evidence base to evaluate this one way or the other.

If consistency is achieved, then you could expect some sentences to increase and some decrease.  Overall average sentence lengths for firearms offences should remain broadly level. However, experience with some other guidelines does suggest that sentence length may creep upwards.

Overall, we would expect it to be easier to predict the likely sentence that a person might receive on a plea or after trial.

One interesting observation is concerning statutory minimum sentences for some offences:

“The Council was surprised to note that exceptional circumstances were being found in around two thirds of disguised weapons cases (section 5(1A)(a)) which appeared to run counter to the principle that in order to justify the disapplication of the five year minimum, the circumstances of the case must be truly exceptional.”

The Council, therefore, felt that:

“Setting out the principles in a guideline is likely to lead to them being more consistently applied, which in turn could lead to exceptional circumstances being found in fewer cases.”

It was also noted that recent changes to Crown Prosecution Service charging guidance for some firearms offences would in itself lead to fewer mandatory sentence cases being prosecuted.

You can read more about the prosecution guidance here.

Cases where we argued to avoid a minimum sentence for our clients can be found here

and here

Which firearms offences will the new guideline cover?

Eight guidelines will cover the following offences in the Firearms Act 1968:

• Possession, purchase or acquisition of a prohibited weapon or ammunition
• Possession, purchase or acquisition of a firearm, ammunition or shotgun without a certificate
• Possession of a firearm or ammunition by person with previous convictions prohibited from possessing a firearm or ammunition
• Carrying a firearm in a public place
• Possession of firearm with intent to endanger life
• Possession of firearm or imitation firearm with intent to cause fear of violence
• Use of firearm or imitation firearm to resist arrest, possession of firearm or imitation firearm while committing a Schedule 1 offence or carrying firearm or imitation firearm with criminal intent
• Manufacture or sell or transfer or possess for sale or transfer or purchase or acquire for sale or transfer a prohibited weapon or ammunition.

The consultation runs until mid-January, so it is likely to be Summer 2020 before any new guidelines take effect.  That is not to say, however, that some judges will not have them in mind before then.

The link to the consultation can be found here.

Instruct a firearms offences expert

Although all of our lawyers are experienced in providing advice and representation in cases involving the unlawful possession of a firearm, our clients are also fortunate to be able to instruct firearms specialist Andrew Broome.

You can read about a successful defence of such a case here.

Firearms offences will always have the potential to be treated seriously by the courts upon conviction.  As a result, if you are arrested or know that the police wish to speak to you about any offending arising from your possession of a firearm then 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

There have been widespread reports in the press about spare courtroom capacity, with judicial sitting days at an all-time low. These reports correspond to our own experience.  For example, at Nottingham Crown Court it is expected that only 6 of the 9 court rooms will be open, and at Derby Crown Court only 3 of the 4.

When court delay is combined with significant delays in investigating and charging defendants to court, this can mean a very long period between the commission of any crime and sentencing.

As advocates, we are increasingly concerned with the effect of delay on the people we represent and can deploy several legal principles in an attempt to mitigate the sentence passed.

On occasion, this can work in our client’s favour.  It can either reduce the length of the overall sentence, allowing a custodial sentence to be suspended where it would not otherwise be or by justifying a non-custodial sentence in circumstances where custody would be the expected sentence.

We have recently represented clients facing serious charges who have received either a suspended sentence or a substantially reduced sentence specifically as a result of these delays.

What does the law say about delay and sentence?

In Prenga [2017] EWCA Crim 2149 the court held:

“We start by considering the nature and extent of the discretion to adjust otherwise lawful sentences where required to achieve justice. It is, in this regard, well established that a sentencing judge may reduce the sentence that would otherwise be imposed to achieve justice and to reflect exceptional factors. The paradigm illustration flows out of the requirement in ECHR article 6 that proceedings must be concluded within a reasonable time. Where proceedings are unduly delayed that delay may count as a mitigating factor in appropriate circumstances. The threshold is necessarily a high one.”

In Dyer v Watson; K v HM Advocate[2004] 1 A.C. 379; [2002] 3 W.L.R. 1488 Lord Bingham of Cornhill observed that in any case in which it was contended that article 6 was violated by virtue of delay the first step was to consider the period of time which had, in fact, elapsed.

Unless that period gave grounds for real concern it was almost certainly unnecessary to go further “… since the convention is directed not to departures from the ideal but to infringements of basic human rights”.

The threshold for proving a breach of the reasonable time requirement was a high one “not easily crossed”

In Mills (Kenneth Anthony) v HM Advocate (No.2) [2004] 1 A.C. 441 Lord Hope (at [54]) recognised that delay could in an appropriate case justify an adjustment to sentence. One possible rationale for this is the anxiety experienced by a defendant, resulting from the abnormal prolongation of proceedings.

Another possible explanation might be that a defendant’s life has changed during the period of delay such that the person who stands to be sentenced is, in terms of character, not the person who committed the offence.

In Attorney Generals Reference No.79 of 2009 [2010] EWCA Crim 338 it was held (per Hughes LJ VP at [19]) that delay:

“… is of relevance if not to a formal assessment of Article 6 then undoubtedly to the broader question of what a just sentence is when eventually and belatedly a conviction occurs.”

The judge, nonetheless, emphasised that applications for reductions in sentence would be “unusual”. The authorities relating to delay and article 6 demonstrate that unnecessary delay can amount to mitigation resulting in reduction of sentence but, also, that questions of delay are instances of “… the broader question of what a just sentence is”. It follows delay, whilst perhaps being a paradigm example, is not exhaustive of the categories of case in which a sentence might be mitigated in order to ensure overall justice.

In R. v Kerrigan (David Joseph) [2014] EWCA Crim 2348, the Court of Appeal was required to consider broad questions of justice in the context of custodial sentences ordered to be run consecutively to existing sentences.

In para [40] of the judgment the court set out seven principles which might apply where a court was imposing sentences for different offences and where they might apply concurrently or consecutively leading to potentially arbitrary results.

For present purposes the seventh principle is relevant and was formulated in the following way:

“a judge retains the discretion to do justice on the particular facts of a case, for example in the case of excessive delay, and may therefore reduce an otherwise appropriate sentence accordingly”.

Instruct an expert criminal solicitor to help

Another aspects of the justice system that can cause delay will be the current system where a suspect is released under investigation.  You can read more about that here.

Information as to whether delay can prevent a prosecution being brought in the first place can be found here.

We will provide you with specialist advice and representation at every stage of a criminal investigation or prosecution.  In all cases we will ensure that the impact of any delay on your case is fully explored in order that this can be reflected during sentencing.

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

You can find your nearest office here.

Category Archives: News

As the government prepares to bring us out of the European Union on 31^st October 2019, details have begun to emerge as to the legal and regulatory position if we leave without a deal.

Some of the first information released relates to firearms, although it regrettably raises more questions than it answers.

Given the importance of complying to the letter with firearms laws both here and abroad, those affected must take steps to keep up to date, and this may involve quite close monitoring over the next few weeks. The same is true in relation to other areas of regulatory and criminal law compliance.

What is the current situation?

A UK resident who wants to travel to the EU with their shotgun or a firearm can apply for a European Firearms Pass. This is a licence, or passport, that allows travel between member states, you must also have a licence from the UK to hold the firearm. Depending on the country you are travelling to, there may be other documents required. All weapons have to be declared to customs and also to the travel company you are using for transport.

Will the European Firearms Pass change?

If the UK leaves the EU without a deal, you will no longer be able to apply for a European Firearms Pass.

What will happen instead?

You will need to check the firearms licensing requirements of the country, before travelling.

This will also apply if you are in an EU country with the firearm with a European Firearms Pass at the time the UK leaves the EU.

What about visitors to the UK?

If you are sponsoring a visitor from the EU, who wants to bring a firearm to the UK, you need to apply to the local UK police force for a visitor’s permit. A permit that is issued before the UK leaves the EU remains valid until it has expired.

Once the UK leaves the EU, the European Firearms Pass will no longer be recognised for EU visitors to the UK. Sponsors of visitors will not need to show a valid Pass.

What should I do?

It is not yet known whether the UK will leave the EU without a deal in October. If you intend to travel with your firearm, it is advisable to check the licensing requirements of the country that you are visiting as countries have varying lead times for applying for licences. Without a proper licence, you may not be allowed to travel with your firearm.

Contact a firearms law specialist

If you are concerned with any aspect of regulatory criminal law and Brexit as it relates to firearms then get in touch for advice on the latest position.

Contact regulatory and firearms law specialist Andrew Broome at our Ilkeston office on 0115 9441233 or by email here.

Category Archives: News

Many different terms are used to describe legal professionals:

• lawyers
• solicitors
• legal advisers
• attorneys (an Americanism), or
• a ‘brief’

There are countless others in common usage.

Unfortunately, these different terms can allow for some confusion.  When viewing many legal websites a potential client could be forgiven for thinking that they are dealing with a qualified legal professional.  The reality, however, might be that nothing could be further from the truth.

The distinction between a ‘real’ solicitor and anyone else is necessary.

As solicitors, we are highly qualified legal professionals.  We are regulated by the Solicitors Regulation Authority (‘SRA’) and admitted, and accredited, by the Law Society.

Crucially, we are obliged to have insurance in place.  This means that if anything does go wrong, our clients have full protection.  There is also adherence to the highest ethical standards.

When dealing with other lawyers employed and supervised by solicitors these same protections apply.

Ironically, it is not always the case that unregulated people charge less by way of fees.  As a result, clients can find that they not only receive an inferior service but it will often come at a higher price.

The title of “solicitor” is protected under section 21 of the Solicitors Act 1974:

“Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.”

Section 20 of the same Act states:

“No unqualified person is to act as a solicitor.”

An offence under section 20 carries up to 2 years imprisonment, and custodial sentences are the norm, underlying the seriousness of the matter.

Some areas of legal advice are ‘reserved activities’.  This means that even if an ‘adviser’ is not pretending to be a solicitor, they are prohibited from acting in those matters.

The simple way around this confusion is always to check that you are dealing with a real solicitor.

You can check whether you are dealing with a real firm by using the SRA website.  You can also ensure that any site visited is the actual web address for the firm concerned.  The postal address, email and telephone numbers can also be checked.  The copying of real websites is another problem at the moment.

Follow this link to check whether you are dealing with a real solicitor.

How we can help

Instruct a real solicitor from VHS Fletchers if you require help in the following areas of law:

• police station advice
• Magistrates’ and Crown Court representation;
• appeals
• protest law
• motoring offences
• confiscation proceedings
• prison law
• regulatory and professional defence
• business defence
• environmental offences
• firearms law
• education law

You can find your nearest office here or use the contact form below.

Category Archives: News

As Airbnb listings in London soar to 80,000, up 400% from 2015 figures, Westminster Council is cracking down on those who use the site to unlawfully sublet social housing, with over 1,500 investigations underway.

The council recovered £100,974 from Toby Harman, a social housing tenant who had been unlawfully letting his flat on Airbnb since 2013. He has also been evicted so the flat can be let to someone in genuine need.

Last year, the council recovered 24 homes from unlawful sub-letters.

Subletting social housing was made an offence in the Prevention of Social Housing Fraud Act 2013. It is a crime to sublet secure or assured tenancies with local authorities or other registered social housing providers.

A tenant (with a secure or assured tenancy) commits an offence if –

• he or she sub-lets the whole, or sometimes part, of the dwelling,
• the tenant ceases to occupy the dwelling as his or her only or principal home, and
• the tenant knows he or she is acting in breach of the tenancy.

A different, more serious offence is committed if you act dishonestly.

The law says that it is a defence if the sub-letting takes place as a result of violence or threats toward certain people. A further defence may arise if the person then occupying the house is entitled to apply to the court for a right to occupy or to have the tenancy transferred.

A person convicted of one of these offences is liable to a fine and, if they act dishonestly, could face six months in prison.

They are also liable to a new type of order introduced in the Act, Unlawful Profit Orders.

The making of one of these orders is how Westminster Council were able to recover the money from Mr Harman.  Under this power, the court must consider making an order that the defendant repays any profit to the landlord.

The maximum amount payable under Unlawful Profit Orders is the illicit amount received by the offender minus any rent paid to the landlord. The court may make an order for payment of any amount up to that ceiling, depending on the offender’s current means.

Unlawful profit orders can also be made in civil proceedings, where no criminal charges are brought.

Contact a crime and regulatory law solicitor

Contact crime and regulatory solicitor Martin Hadley on 0115 9599550 of you are contacted by a local authority who are investigating unlawful sub-letting.   Alternatively you can use the contact form below.  You will then be able to discuss any allegations of criminal conduct arising out of your use of your property with him.

We will be able to provide you with free and independent legal advice if the police are involved in any interview process, whether you are a volunteer or under arrest.  This is because be have a contract with the government to provide criminal legal aid.

Martin will discuss with you your options for funding any other interviews with the local authority or court proceedings.

Category Archives: News

We all know that the use of mobile phones is banned whilst driving.

Or are they?

The answer, according to the High Court’s recent decision in Director of Public Prosecutions v Barreto, is that it depends what you’re doing with it.

What did Mr Barreto do?

Ramsey Barreto had been convicted in the Magistrates’ Court of using his mobile phone to film an accident while he was driving. The prosecution was under s41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986.

What do these laws say?

These provisions make it an offence to use ‘a hand-held mobile telephone or other hand-held interactive communication device.’

‘Interactive communication’ means ‘sending or receiving oral or written messages, sending or receiving facsimile documents, sending or receiving still or moving images, and providing access to the internet.’

How did Mr Barreto overturn his conviction?

Barreto appealed his conviction to the Crown Court. The Crown Court acquitted him on the basis that videoing on a phone did not come within the definition of the offence, because no interactive communication was taking place.

The Director of Public Prosecutions, head of the Crown Prosecution Service, appealed on that point of law to the High Court.

As the High Court pointed out, the Crown had assumed the legislation banned all mobile phone use. Mr Barreto said that was not the case.

What did the High Court say?

The High Court agreed with Mr Barreto and the Crown Court. He was allowed to go free without a stain on his character. The Court said:

“The legislation does not prohibit all use of a mobile phone held while driving. It prohibits driving while using a mobile phone or other device for calls and other interactive communication (and holding it at some stage during that process).”

Does this mean you can play Candy Crush while you’re driving?

No, probably not. The High Court made the point in their concluding paragraphs, saying:

“It should not be thought that this is a green light for people to make films as they drive. As I have already said, driving while filming events or taking photographs whether with a separate camera or with the camera on a phone, may be cogent evidence of careless driving, and possibly of dangerous driving.”

There is also a related offence (although it carries fewer penalty points) of not being in control of a motor vehicle.

Once again, road traffic law has proved to be one of the trickiest areas of criminal work – don’t leave your licence to chance, ensure you use a firm that is fully up to date with all developing legal arguments.

Contact an expert motoring law solicitor

Your driving licence is likely to be extremely important to you, whether for work, family or social purposes.

As a result, you will only want to trust the preparation of your case to a specialist in mobile phone offences and road traffic offending.

You can read the detail of a case where we successfully defended a motorist for mobile phone offences here.

You can read more about our fixed fees for defending such cases here.

You can find your nearest office here or use the contact form below.

Category Archives: News

At the beginning of July 2019, the Derbyshire Criminal Justice Board met at HMP Foston Hall at the invitation of the Governor, Andrea Black.   This is the local women’s prison.  As a member of the Board, Derby crime solicitor Nick Wright was invited too.

The tour of HMP Foston Hall showed the rehabilitative facilities provided for the 400 or so inmates.   While prisoners remain just that, prisoners, the prison ethos is that the fact of being there is the punishment.

As a result, great efforts are made to help help rehabilitate offenders. Prisoners are given the opportunity to work, encouraged by the ability to earn a small wage to be spent in the prison.

They grow vegetables for use in the kitchens,  the quality of some of the vegetable beds rivalling anything at Chatsworth House or on Gardeners World.

Alternatively, prisoners are able to work in a facility producing garments for use in the prison system.  This provides them with a skill which can be used to gain employment on release with the training that is provided.

HMP Foston Hall also works with the RSPCA.  As a result there are many animals cared for by prisoners.  These include donkeys, guinea pigs, hamsters and lots of different varieties of birds.  Animals do not know or judge those who care for them.  Offenders are given the opportunity to care for something and receive positive feedback in return.

The board also had a presentation from a transgender inmate who was fully transgender.  She was very erudite and helped the heads of organisations present gain a much better understanding of the issues involve with LGBT+ people, particularly when prisoners.

Finally, the most trusted inmates have the use of a specially converted house used for family visits for up to six people.  Visits here can last for up to six hours.  Visitors also have access to a coffee shop, ‘Fosta Coffee’.

Nick was impressed with the work that was being done towards rehabilitation at HMP Foston Hall.  While we will continue to try our best to avoid a prison sentence for our female clients who might otherwise end up at this prison, this information might assist them to know what to expect.

The most recent inspection report into the prison can be found here.

A short Channel 4 news report about some of the activities can be found here.

Contact our prison law department

Whatever the quality of the prison that an inmate is in, problems can always arise.  We have a specialist prison law department.  You can read more about it here.

If you have a problem and require help then please use the enquiry form below:

Category Archives: News

During the Conservative leadership campaign, a question on many people’s lips will have been ‘Why hasn’t the former Justice Secretary been arrested?’  This follows his admissions to using cocaine on several occasions earlier in his career.

So, could he face the legal consequences of this?

Cocaine is a Class A drug.  This is the most serious category.  Drug offences are governed by the Misuse of Drugs Act 1971.  Whilst buying a controlled drug in this scenario is not an offence, possession is. It carries up to seven years in prison.

Is Michael Gove’s confession enough?

Possibly.

The Prosecution will usually have to prove that a substance is in fact a controlled drug.  The most convenient way to do that is through a forensic report which analyses the substance.

In this case, though, the drugs are long gone and can’t be analysed. The prosecution would have to rely on his public confession.

A confession was relied on in R v Chatwood [1980] 1 All ER 467 where the Court of Appeal said that a confession could amount to evidence that, on the face of it, the defendant had been in possession where he was expressing an informed opinion.

Whether Michael Gove’s opinion could be described as ‘informed’ would be the key question.  This is likely to depend on how often he used the drug.

His confession could be used as evidence, however, if he were to be charged with attempted possession under the Criminal Attempts Act 1981.

The prosecution could accept that Gove did not actually possess cocaine but allege instead that he had tried to possess it. The maximum sentence is the same.

Has it been too long to charge Gove with a drugs offence?

No.

There is no general ‘Statute of Limitations’ in England and Wales.

Offences only triable in the Magistrates’ Court usually have a limit of six months, but possession of a drug is not one of those.  You can read more about the law here.

He could, theoretically, still be charged.

Will Michael Gove be prosecuted?

The Crown Prosecution Service would make a decision as to whether a prosecution should proceed.

To do this, they apply the Full Code Test set out in the Code for Crown Prosecutors. This is the same for every offence.

The Full Code Test has two stages which need to be met. These are the

• evidential stage, and the
• public interest stage.

In short, there needs to be enough evidence for a realistic chance of conviction.  It must then be in the public interest to bring a case. If a case fails either test, it will not be prosecuted.

The importance of his admissions

The confession is potentially enough evidence for a case to be brought. A Crown Prosecutor would have to be satisfied that it, and any other evidence, is admissible and leads to a realistic prospect of conviction.

Any evidence from Owen Bennett, the City AM political journalist who outed Gove’s cocaine use in his unauthorised biography of the Environment Secretary, or Gove’s political advisors to whom he confessed would need to be carefully considered, and a prosecutor may have grave doubts as to its admissibility.

In the event there was enough evidence, the case would also have to pass the public interest stage. A case will usually pass this stage unless there are factors against the prosecution that outweigh those in favour.

This stage takes into account a lot of factors, including the seriousness of the offence, the circumstances, any harm caused, impact on any victims, and whether a prosecution is proportionate.

The likely penalty would be a small fine or community punishment at most.  After all this time it may be that a discharge would be deemed appropriate.

As a result, although Gove could be prosecuted, it is unlikely that he will be in all of the circumstances. Reputationally and politically, this admission could exact a great cost, but it is unlikely to end up in court.

Contact a specialist criminal lawyer

This case illustrates the effect that a careless admission could have on a person’s character and career.  Of course, such admissions will have a far more serious impact if made to the police.

As a result, you should always take our advice prior to any police interview, whether as a volunteer or under arrest.

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.  There are circumstances, for example, where admissions made might not be admissable in court proceedings.

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 offences.

Alternatively you can contact us using the form below.