Category Archives: News

In some instances, it is not convenient for a witness to be present in court to give evidence, generally because they live or work some distance away from the court, or some other good reason.

There are legal provisions that cater for this scenario, and while the prosecution widely uses them (notably for police officers), it is vital to remember that the defence can take advantage of the legislation in the same way.

What does the law say about the live link?

Section 51 of the Criminal Justice Act 2003 states that a witness (other than the defendant) may, if the court so directs, give evidence through a live link in the following criminal proceedings:

• a summary trial,
• an appeal to the Crown Court arising out of such a trial,
• a trial on indictment,
• an appeal to the criminal division of the Court of Appeal,
• the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 (c. 35),
• a hearing before a magistrates’ court or the Crown Court which is held after the defendant has entered a plea of guilty, and
• a hearing before the Court of Appeal under section 80 of [the Criminal Justice Act 2003].

Can a defendant give evidence via this provision?

Section 51 does not apply to defendants and is considered somewhat out of date in other respects.  In Clark [2015] EWCA Crim 2192 the court observed:

‘That there are idiosyncrasies in the provision of this important aid to the administration of justice does not, in our judgement, befit a modern system of criminal justice. It does not further the overriding objective to deal with cases justly, including being fair to the parties, recognising the rights of defendants, respecting the interests of victims (and, in this case, witnesses) and progressing cases in a manner that is efficient, expeditious and proportionate.

There are clearly circumstances where it may be in the interests of justice for a court to be able to receive evidence by live link from witnesses and defendants for which the existing statutory provisions do not provide. One potential example is a defendant who wishes to give evidence in relation to a minor road traffic offence alleged to have been committed hundreds of miles from his home. There may even be examples where it may be in the interests of justice for a court to be able to receive material by telephone.

When Parliament first began legislating to prescribe the circumstances in which criminal courts could receive evidence by live link, the requisite technology was in its infancy and the courts were not necessarily equipped with the relevant equipment (or technical knowledge). Times have changed; technology has improved and is continually improving. The courts now regularly receive evidence by live link where the statute permits.

In the circumstances, therefore, it may be that Parliament should consider repealing the provisions of primary legislation relating to live links and provide a general authority to the Criminal Procedure Rules Committee to make rules to determine how and in what circumstances the criminal courts may receive evidence. Rules made by the Committee have the benefit of being formulated by representatives of those that have to use them and may be affected by them. They can also be amended with relative speed (for example, where gaps or unintended lacunas come to light) and in order to make best use of emerging technology. That, however, is a matter for Parliament, but, in our judgement, it is a step which requires very serious consideration.’

What factors will the court consider?

A direction may not be given under this section unless the court is satisfied that it is in the interests of the efficient or effective administration of justice for the person concerned to give evidence in the proceedings through a live link.

In deciding whether to give a direction, the court must consider all the circumstances of the case, and those circumstances include in particular:

Those circumstances include in particular:

• the availability of the witness,
• the need for the witness to attend in person,
• the importance of the witness’s evidence to the proceedings,
• the views of the witness,
• the suitability of the facilities at the place where the witness would give evidence through a live link,
• whether a direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence.

Section 54 allows the judge to give directions to the jury, if necessary, to ensure that they give the same weight to evidence given through a live link as they would had the evidence been given by the witness in person in court. Advocates in the magistrates’ court should also keep this in mind when making closing submissions.

In some cases, applications for evidence to be given via live link are not appropriate, and we will strenuously object. Where it is in our client’s interest to make such an application, we will ensure that a reasoned and strongly supported application is advanced.

Contact a criminal law solicitor

If you face court proceedings you will wish to instruct one of our solicitors to advise on witness requirements and how witnesses should give evidence.  We can 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

It is a common occurrence to come across suspects and defendants who feel extreme anger and frustration at being caught up in the criminal justice process.

That anger sometimes spills over into the public domain, and the free availability of social media platforms such as Facebook and Twitter can allow for an all too easy way to express frustration.

When those frustrations contain or imply an attack upon the complainant in their criminal case, there can be repercussions in the event of a conviction. It is therefore ordinarily wise for accused persons, and those close to them, to maintain a dignified silence, no matter how hard that might be.

Example 1: Stuart Hall

Former TV Presenter Stuart Hall incurred the wrath of the Court of Appeal in respect to remarks he made in a public statement. He referred to the allegations against him as ‘pernicious, callous, cruel and above all spurious.’

The court observed:

‘Whatever legal advice the offender had by then been given, he knew the truth. He knew that he was guilty of molesting the complainants. As we have said, this deliberate falsehood is a seriously aggravating feature. 68. The offender was an expert in the ways of the media. He was fully alert to the possible advantages of manipulating the media. At that date he was hoping to escape justice and he was, as we see it, attempting to use the media for the purpose of possibly influencing potential jurors. Whatever it may or may not have done to influence any potential juror, we have a clear idea of what it did to some of the victims. One victim describes how the offender’s outburst “absolutely incensed” her. She felt furious about his blatant lies. There is a similar impression from another victim.’

Example 2: Max Clifford

In the case of Max Clifford who made numerous public statements proclaiming his innocence, the court said:

‘In passing sentence the judge referred to certain behaviour of the appellant. Some of it had been commented on in the victims’ impact statements. They had been upset by it. The judge said that the “additional element of trauma” caused by the applicant’s “contemptuous attitude” was something that he would take into account in passing sentence.

The first statement was a forceful claim of innocence reflected later in the defence advanced, but not directly referring to the victims. The second statement was a reiteration of innocence followed by a vehement complaint about the fact that the victims were entitled to anonymity. The reiteration of innocence again did not directly impugn the victims. The complaints about anonymity relate to a feature of the criminal process. They concern a topic which arouses public debate from time to time and which has been the subject of different views in Parliament on different occasions.

Whilst we readily understand that victims who were eventually vindicated would find such comments upsetting, we think that great care needs to be taken by sentencing courts not to elevate denials, albeit vehement, into something deserving of further punishment in the absence of some more explicit traducing of the victim. The court, of course, is perfectly entitled to reflect these matters in withholding available mitigation since the offender has shown no sign of remorse. Similarly, an offender who has contested the trial will lose what might be substantial credit for a guilty plea. We think that these remarks, properly considered, would of course justify a withholding of mitigation, but they should not have been used by way of positive aggravation.’

Potentially aggravating comments

Taking these two cases together, it would appear that there is a fine line between statements that might reduce mitigation and those that may well aggravate the offence. Either-way, there may be a high price to be paid for making public pronouncements.

Before making any public statement about your case, it is essential first to take legal advice. We are well versed in the pros and cons of allowing a situation to play out in public and can advise you as to the best course of action.

Contact a criminal law specialist

By the time a decision is made to charge you with an offence, you will have already wanted to seek our independent advice.

If you are arrested or know that the police wish to speak to you about such a fraud arising from a holiday insurance claim 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

In a case this week involving Jet2 Holidays, Nottingham couple Karl and Laura Hughes claimed that they had suffered sickness while on a package holiday. They said they had food poisoning as a result of eating contaminated food or drink or swimming in the hotel’s unsanitary pool.

In witness statements, Mr and Mrs Hughes said that they became ill on the second day of their holiday and were acutely ill for the remainder of the holiday. The witness statements were sent to Jet2 with an initial letter of claim.

Jet2 looked at the social media accounts of Mr and Mrs Hughes. They saw photos and comments posted by them during the holiday, indicating they were physically well while away and had enjoyed their holiday. As a result, Mr and Mrs Hughes did not start proceedings against the company.

Contempt proceedings even where proceedings not commenced

Jet2 however, decided to ask the court to start contempt of court proceedings against Mr & Mrs Hughes. This was on the basis that the witness statements were false, relying on the social media posts.

Mr & Mrs Hughes denied that the information in their statements was false. They made further statements setting out that they had complained to the hotel manager, and despite their illnesses, they had “put up a front” that they were having a great holiday. The social media posts were not a true reflection of their mood at the time.

Initially, a court decided that proceedings for contempt of court could not be brought as the statements had not been served as part of court proceedings. A higher court did not agree saying that the test was whether the conduct in question involved an interference with the administration of justice either in a particular case or more generally as a continuing process.

The court went on to say that even though Mr and Mrs Hughes had not yet started proceedings when the statements were sent that they were still capable of interfering with the administration of justice.

The issue of whether Mr and Mrs Hughes were in contempt of court has not yet been decided, but Jet2 now have permission to bring those proceedings. The moral of the tale is just because something does not happen “in court” does not mean that you cannot be in “contempt of court”.

What could happen?

If Mr and Mrs Hughes are found guilty of contempt of court, they could be sent to prison for up to 2 years or receive a fine.

It can be very tempting to make a false claim against an insurer, but they are now fighting back in the civil courts. In addition, you could face criminal prosecution for fraud, leading in some cases to a prison sentence and criminal conviction.

Contact a specialist criminal law solicitor

If you are arrested or know that the police wish to speak to you about such a fraud arising from a holiday insurance claim 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

We are in the midst of a general election campaign, so it is perhaps not surprising that ‘law and order’ are featuring in the news as the main political parties fight for the popular vote.

While as a firm, we do not offer any party-political opinion, it is worthwhile taking a brief look at some of the recent announcements and scrutinise the reality of the pledges being made.

Child murder

The Conservatives propose that where a person aged at least 21 murders a child under 16 years of age the starting point should be a ‘whole life order’.  This means that they would never be eligible for parole.

The Criminal Justice Act 2003 already contains measures in this regard.  This is, on the face of it, a tightening up of those provisions. It is our assessment however, if enacted this provision is unlikely to impact on more than one or two cases each year.

Knife Crime

Knife crime remains high on the political agenda, and we have written about this topic in the recent past both here and here.

The Conservatives propose changes to stop and search powers with swift processing of those arrested before the courts.  Any changes to stop and search provisions are likely to prove controversial, and there are concerns about whether the current resourcing of the criminal justice system is sufficient to cope with any such radical new initiatives.

Policing

The conservatives have already announced the recruitment of 20,000 extra police officers.  Some observe that this will not actually replace the number of officer lost since 2010. Further, it is a fair assumption that if this target is reached, and all other things remain equal, more people will be arrested and brought before the courts. Again, some resource implications remain unaddressed in terms of court sitting days and prosecution resources.

The Liberal Democrats have pledged a further £300m for local policing.

Parole Board

The Conservatives have announced further changes to practice and procedure, to make the process more ‘victim-centric’ and transparent.

In addition the Conservatives propose raising the ‘victim surcharge’ by 25%.  However, the most recent stories show that such penalties are often remaining unpaid, particularly as they also apply to those serving long custodial sentences.

Is this a ‘Law and Order’ election?

The Conservatives have returned to a traditional ‘law and order’ theme, tough on crime and tough on the causes of crime. As well as punishment, there are promises of better prison rehabilitation schemes and more robust non-custodial options.

Other parties do not lead on this issue in quite the same way, but all promise better resourced public services, which inevitably includes policing.

Keeping a watching brief

Whatever laws the next government brings forward, we remain committed to ensuring that the proper rights and protections afforded to all those we represent are safeguarded.

We continue to be vigilant and ensure that any legislative developments that are brought forward do not infringe your fundamental rights and freedoms.

How can we help?

Aside from keeping you informed of developments in the law, we offer a full range of services to our clients in relation to criminal law.

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

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.