Category Archives: News

In difficult financial circumstances, it might be tempting to consider purchasing counterfeit currency. While the price of such ‘money’ fluctuates widely, it is often as low as 25% of the face value.  As a result this may make it a tempting proposition.

State currency producers spend millions each year on devising and improving security safeguards.  The fact that counterfeit currency can still be passed off for real money reveals something of this hidden world of criminality.

To produce high-quality counterfeit currency requires an investment in expensive print technology.  As a result the people responsible for such enterprises are sophisticated and organised criminal gangs.  They will use fake money sales to finance illegal drugs, weapons and trafficking activities.

In addition to the threat that counterfeit currency poses to the broader economy, it is this link to organised crime that requires courts to pass deterrent sentences on those caught with the money.

The potential consequences of passing counterfeit currency

Non-custodial sentences are almost unheard of, even for the use of a single note or coin.

In Corcoran [2013] where a single £50 note was passed, a sentence of six months imprisonment was approved by the Court of Appeal following a guilty plea.

The defendant in Miller [2010] originally received two years imprisonment, but this was reduced to a sentence of 15 months.  Miller passed three counterfeit £20 notes and three more were found in his possession.

The Court of Appeal has stated:

“We observe, as other constitutions of this court have done on previous occasions, that in view of the potential harm to the United Kingdom economy an immediate custodial sentence would almost invariably be required in cases such as this. However, its term will depend upon the factual circumstances of the instant case. One of the most important factors will be the number of counterfeit notes involved, which will give some indication as to the proximity of the offender to the source of the notes.”

The maximum sentence for tendering counterfeit currency is ten years imprisonment.

For those involved in the production of notes or coins, severe sentences typically follow, and a court may also consider making a preventative order such as in the case of Karra and Karra [2015].

In the case of Crick [1981] the court observed:

“Coining is a serious offence. It was rightly treated as such by the learned judge, who correctly took the view that it called for an immediate custodial sentence. It must, however, be recognised that not all such offences are of the same gravity.

At one extreme is the professional forger, with carefully prepared plates, and elaborate machinery, who manufactures large quantities of bank notes and puts them into circulation. A long sentence of imprisonment is appropriate in such a case.

Here the offence is at the other end of the scale. The tools used to make the blanks were primitive, and were not acquired specially for the purpose; the techniques used were amateurish, and there was little real attempt to make the blanks a facsimile of a 50 pence piece. The coins were not, and could not have been, put into general circulation.”

Contact a criminal law solicitor

If you are arrested or know that the police wish to speak to you about any offending involving counterfeit currency then make sure you insist on your right to free and independent legal advice.  As you can see, the courts will always take such offences seriously upon conviction.

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 people face very lengthy court proceedings, and it is therefore hardly unusual that on occasion a person may not be too ill to attend court.

Despite this fact, courts are sceptical of alleged illness.  Unless the rules are followed in close detail, a defendant who does not attend faces the serious prospect of being arrested by the police and taken to court in custody. This may involve a stay in police cells over the weekend, so it is essential that you understand what you need to do.

Too ill to attend court? Let us know straight away.

The first step is to inform your solicitor as soon as you are able.

All of our office numbers can be called at any hour of the day or night.  This will allow you to contact us before the office opens so that you can inform us what is happening.

In almost all cases, if you do not need to see a doctor, the court is unlikely to accept your illness as an excuse not to attend court.

It will, of course, depend on the exact circumstances.  As a result it is essential to speak to us and obtain advice as to what is the best course of action.

A doctor will be able to issue you with a sick note.  This is not, however, necessarily the end of the matter, and the opinion of a doctor does not bind a court.

Doctors have been issued with guidance concerning medical notes for court non-attendance, but a busy practitioner may very well miss the detail.

The Criminal Practice Direction sets out the following minimum requirements:

• The date on which the medical practitioner examined you;
• The exact nature of your ailments;
• If it is not self-evident, why the ailment prevents you attending court;
• An indication as to when you are likely to be able to attend court, or a date when the current certificate expires.

Circumstances where the court may find a medical certificate unsatisfactory include:

• Where the certificate indicates that the defendant is unfit to attend work (rather than to attend court);
• Where the nature of the defendant’s ailment (e.g. a broken arm) does not appear to be capable of preventing his attendance at court;
• Where the defendant is certified as suffering from stress/anxiety/depression and there is no indication of the defendant recovering within a realistic timescale.

Contact your criminal law solicitor

You will have information from us about who your solicitor is.  All of our office numbers will be answered out of hours to deal with emergencies like this.

If you are not sure, you can find your nearest office here.

Category Archives: News

A District Judge sitting at Westminster Magistrates’ Court has authorised a summons to be issued against the prominent conservative member of parliament, Boris Johnson.  This follows a private prosecution brought before the court.

The allegations relate to alleged conduct during the Brexit referendum campaign.  In particular the prosecution relies upons the  ‘£350m per week for the NHS slogan’ that adorned the side of the Leave campaign buses.

Unless other steps are taken to the stop this prosecution, Johnson will have to appear in court to answer these charges and face trial at the crown court.

The full judgement can be found here.

Misconduct in public office?

The allegation faced by Johnson is one of misconduct in public office.  In order to be found guilty it must be proved that he was:

• a public officer acting as such
• who wilfully neglects to perform his duty/or wilfully misconducts himself
• to such a degree as to amount to an abuse of the public’s trust in the officeholder
• and does so without reasonable excuse or justification.

The issue identified early on by his legal team is that he was not acting in his position as MP or Mayor of London when he made the statements that are the subject of the prosecution.  The assertions were made during a contested political campaign and were therefore not sufficiently associated with either office.

Why is this unusual?

The unusual aspect of this case is that this is a private prosecution crowdfunded by individuals who support the prosecution.

How often is there a private prosecution?

In England and Wales, the vast majority of prosecutions are undertaken by the Crown Prosecution Service.   In addition there are also a large number of other public bodies that regularly prosecute cases.  These will usually be of a specialist nature.  These bodies include the Environment Agency, Serious Fraud Office, Local authorities and the Civil Aviation Authority etc.

There are also very few well-known organisations that regularly bring private prosecutions.  These include, most notably, the RSPCA in respect to allegations of animal cruelty.

Private individuals choosing to bring private prosecutions are relatively rare.

Are private prosecutions always allowed?

The Supreme Court has reiterated quite recently that private citizens have a constitutional right to prosecute alleged crimes before the courts.

Some companies and individuals’ resort to private prosecution when they feel that the State has failed to act.

There are many safeguards to prevent vexatious prosecutions, such as:

• Scrutiny before a summons is issued
• Abuse of Process remedies
• The ability of the Crown Prosecution Service to take over a private prosecution
• A new proposed code for private prosecutors drafted by specialist firms who conduct this type of work
• Risk of adverse costs orders if the prosecution is unwarranted

Despite these safeguards there are still some concerns.  We will be  particularly alert when a private prosecutor is involved to ensure that your rights as a defendant are protected.  Issues that will be particularly relevant will concern disclosure and fair prosecution practice.  We will not hesitate to seek full costs recovery on behalf of a client if the prosecution ought not to have been brought in the first place.

Seek advice from a specialist criminal solicitor

If you face court proceedings, whether a state or private prosecution, 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

Few people would disagree with the suggestion that sentencing law in England and Wales is a complete mess. The provisions that govern how a defendant is to be sentenced are both complex and disparate and to be found across a significant number of statutes.  The proposal is to replace the variety of provisions with a new sentencing code.

Why does this matter?

Research has shown that thousands of sentencing errors are made each year.  Many end up going completely undetected. Sometimes the mistakes make little difference in practice, but often the failure leads to unlawful sentences being imposed.

The complexity of the statutory provisions is only one consideration.  There is also a large body of case law that mjust be taken into account. Again, we see many errors, most notably concerning protective orders where conditions imposed are often draconian and unnecessary.

Sentencing errors can lead to a failure to protect victims as well as unlawful or inappropriate sentences for defendants.  Any appeal proceedings that follow to put matters right will be costly.  Ironically the Court of Appeal often makes mistakes itself.

So, what is being proposed?

The Law Commission has proposed a ‘Sentencing Code’.  This will be a single Act of Parliament that will place all sentencing provisions in one place.

To achieve this, a two-stage process will take place:

1. Minor amendments to existing statutes will be made to ‘tidy up’ the statute book.
2. Immediately afterwards the provisions will be consolidated into one Act of Parliament (‘the sweep’).

This clean sweep of law will then lead to a single consolidated statutory provision resulting in a sentencing code that can be further amended in the future.

It is important to note that this procedure is a consolidating procedure  Apart from minor changes to legislation there will be no material change to existing law. There will be no increases to the existing sentences available to courts.

Will the sentencing code make a difference?

Given the effect of this is merely to move sentencing law into one single statute, it is a reasonable question to ask whether this will make a difference.

The Law Commission carried out extensive testing of the proposals.  It was demonstrated that having a single reference point for sentencing leads to fewer errors. Errors will continue to be made, for all manner of reasons, but we should see a massive reduction.

When will these changes happen?

The first piece of legislation was laid in the House of Lords last week, and the provisions could be law in a matter of months. Much will depend on the legislative timetable and the uncertainty of the political situation at the present time.

When the relevant legislation is enacted, there will need to be a period of training for lawyers and judges before the new statute takes effect so it seems unlikely that the provisions will come into effect before mid 2020 at the earliest.

What happens until then?

Until that time we will continue to be alert on your behalf.

Our lawyers take great care to ensure lawful and proportionate sentences are passed and will not hesitate to take corrective action where that is required.

We prefer to work hard to avoid mistakes in the first place to avoid problems later.  As a result all of our advocates are highly trained in the complexities of sentencing law. Our ethos is  that we must ‘get it right first-time’.

If, however, you believe that your sentence before either the Magistrates’ Court or Crown Court was unlawful or excessive then please contact us immediately.

Contact a specialist criminal lawyer

The earlier we are involved in your case, the greater the opportunity for us to ensure that everything goes right at each step of your case.

If you are arrested or know that the police wish to speak to you about a criminal 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.

This will allow us to make sure that you are doing the right thing by answering police questions or exercising your right to silence.

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

Are child-like sex dolls illegal?

The Crown Prosecution Service has issued new guidance to prosecutors as to which offences may be committed regarding “child-like” sex dolls after more than 200 seizures by Customs Officers in the last two years.

The potential offences are:

• Importing obscene articles.
• Publishing an article for gain or not, or having an article for publication for gain, which is obscene.
• Sending an obscene article by post.

We have published a previous article on this subject here.

Is it illegal to own or make a child-like sex doll?

No.

There is no crime of making or possessing a childlike sex doll.  It is the importation or sending that triggers a potential offence.

What does child-like mean?

There is no definitive guide to what “childlike” means.  Size, characteristics and description will all be considered.  This goes to the issue of obscenity.

This is one of the most troublesome legal issues.  It will ultimately be a matter for a Judge or Jury to decide when the issue is not clear cut.

Does the doll have to be made for sex?

Yes.

The doll must have been made for sexual use.  Again, this is what may give rise to the obscenity issue. When deciding whether this is the case its design, accessories and advertised purpose will all be relevant.

What else has to be proved?

That depends which of the offences you are charged with.

If it is importing then it has to be proved to the criminal standard that you knew it was unlawful to import them.

If it’s one of possessing it for publication for gain, the prosecution will have to prove there would be some gain to be made.

How long could the prison sentence be?

 That, again, depends on the charge.

• importation offences carry a maximum of seven years
• publishing obscene articles carries a maximum of five years
• the postal offence a maximum of one year.

The new prosecution guidance on child-like sex dolls

The new guidance is extensive, and among other things stresses the following:

“[The decision to prosecute] involves an exercise in judgment about what a jury is likely to conclude about the appearance of the doll. Expert evidence as to age or appearance, or obscenity, is not admissible and should not be sought. This is consistent with the position in respect of indecent images of children, where the age of a child is a finding of fact for the jury to determine and expert evidence is inadmissible.”

“[It is not] permissible to use other evidence, such as other material suggesting a sexual interest in children (for instance, indecent images of children), when assessing whether the doll is, objectively and of itself, obscene. Neither the motive of the person possessing/importing, nor the existence of material external to the doll, is relevant or admissible on this question.”

In relation to the aspect of a case involving importation the guidance stresses the following:

“As possession of a childlike sex doll is not unlawful per se in England and Wales, prosecutors should start from the position that, without more, a suspect may not know its importation is unlawful. Prosecutors will need to consider this element of the offence carefully.”

The full guidance for the Crown on the prosecution of cases involving child-like sex dolls can be found here.

Contact an expert in criminal law

If you are arrested or know that the police wish to speak to you about any offending involving a child-like sex doll then make sure you insist on your right to free and independent legal advice.  The courts will always take such offences seriously upon conviction and the law is complicated.

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.

As expert criminal solicitors, part of our skill lies in negotiation with the prosecuting bodies.  We will be able to apply the facts of the allegations in your case with the guidance to the prosecution and ask for a favourable review 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

The government has passed legislation which permits for the first time a new traffic camera which will assist in catching those motorists using closed lanes on the motorway network.

Enforcement of red x offences

The Secretary of State grants type approval only to devices that have a high degree of accuracy and reliability in performance. This is assessed through rigorous testing by the Counter-Terrorism and Security Division of Defence Science and Technology Laboratory (Dstl), formerly the Home Office Centre for Applied Science and Technology (CAST), and the police in the field.

Testing ensures that all devices are robust, reliable in operation and can produce accurate readings or images under a variety of extreme conditions. The courts and public at large can, therefore, rely on the evidence they produce.

So-called ‘smart motorways’ increase road capacity by converting what used to be the hard shoulder into a fully functioning traffic lane. If a car does breaks down and needs to utilise that lane, a red X sign is displayed to signal to motorists approaching that the lane is closed.

Regrettably, and somewhat puzzling, is the high number of motorists who ignore the lane closure, placing themselves and others at immense risk of death or injury.

Research suggests that up to 1 in 5 motorists ignore the red x restrictions.

How will the new cameras work?

From June 2019 the new camera will capture the number plates of offending motorists committing red x offences, and significantly will be admissible as evidence in court – this is likely to lead to a dramatic increase in the number of people being given fixed penalties of a £100 fine and 3 penalty points.

Highways England has been working with manufacturers to modify the existing REDFLEXhadecs3 speed enforcement device to prosecute Red X and speed offences simultaneously. This has been developed primarily for the English motorway network.

This device will be used to prove an offence under section 36(1) of the Road Traffic Act 1988 consisting in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed and/or an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane.

It can also be used to prove an offence under section 17(4) of the Road Traffic Regulation Act 1984 consisting in a contravention of regulation 9 of the Motorways Traffic (England and Wales) Regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway.

Contact an expert motoring law solicitor

Our motoring team has extensive experience of dealing with cases right up to the Court of Appeal and geography will not be a bar to instructing us.  We will travel anywhere in the country to protect a motorist’s driving licence.

We will always investigate the circumstances of your case and see whether legal aid is available for your free representation in your motoring law case before the Magistrates’ Court.  You can read more about the legal aid scheme here.

If you are not eligible than we will provide representation in your road traffic case for a fixed fee.  This will allow you to know about and budget for the cost of your legal fees.  You can read about these fees here.

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

Category Archives: News

Earlier this year, Channel 4 found, after analysing Freedom of Information request responses from 29 out of 43 police forces, that the number of police-recorded offenders aged under 18 committing homicides using a knife or sharp instrument rose by 77% from 26 to 46 from 2016 to 2018.

The number of people who have died so far this year from knife crime has reached 100.

The Home Office has responded with a number of measures including an extra £970m for policing in 2019-2020.

As is generally the case, the government has proposing supposedly tough new legislation to deal with offenders caught with a knife.  This legislation is now on the statute book and you can read more here.

This includes a new Knife Crime Prevention Order, or a ‘Knife Asbo’, as it is already being called.

What is a Knife Crime Prevention Order?

It is proposed that anyone aged 12 or over can be subject to a knife crime prevention order if:

• they are found to be carrying, without good reason, a bladed article in a public place (including a school) twice in a period of two years, and
• the court believes it is necessary to impose and order to protect the public or prevent the young person from committing a crime with a bladed article.

Applications for knife protection orders can only be made by chief police officers, or the chief constable of the British Transport Police or the Ministry of Defence Police.

Before making the application, if the defendant is under the age of 18, the relevant person must consult with the Youth Offending Team for the area that the young person lives in.

The Knife Crime Prevention Order can require that a person:

• is in a particular place on specified days or between particular times
• reports to a specified individual on specified days and times
• participates in specific activities.

It can also prohibit the person from:

• being in particular places
• being with particular people
• taking part in specified activities
• using or having specified articles with them
• using the internet to facilitate or encourage crimes using bladed articles.

A Knife crime prevention order would last between six months and two years. Breach of the order would result in:

• on summary conviction, imprisonment for a term not exceeding six months, a fine or to both
• on conviction on indictment, imprisonment for a term not exceeding two years, a fine or to both

Will knife crime prevention orders work?

A great many people, including the Magistrates’ Association, have expressed doubts as to whether these new orders will do anything to address the complex root problems of offending.

Instruct a criminal law specialist

The lawyers at VHS Fletchers continuously monitor new develops in criminal law, as even government proposals can sometimes trigger changes in judicial behaviour when it comes to bail and sentencing. It is our job to ensure the law that is in force now is appropriately applied.

We also play a vital role in challenging the boundaries of new legislation and will be keeping a close watch on these draconian knife crime prevention orders to ensure that justice is appropriately done in all cases.

If you are arrested or know that the police wish to speak to you about any offending involving a weapon then make sure you insist on your right to free and independent legal advice.  The courts will always take such offences seriously upon conviction.

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 16th May 2019 the controversial Offensive Weapons bill received Royal Assent, bringing into law the Offensive Weapons Act 2019.

Why were new weapons laws thought necessary?

This legislation has been passed in order to assist in stemming the current problems in relation to knife crime and other serious offending involving weapons.  Whether or not it will be successful remains to be seen.

These new weapons laws do, however, bring in a number of new measure that we will be monitoring closely.

Are the new laws in force now?

As with most Acts of Parliament different provisions come in to force at different times.  As a result, if you have any questions please consult us to ascertain the up to date position.

What are the main changes?

New offences:

Sale of corrosive products to persons under 18

This offence carries a maximum sentence of 6 months imprisonment and may present a significant challenge for some smaller retailers.  They will need to ensure that comprehensive training is provided to all sales staff to avoid the potential prosecution and punishment.

The offence of having a corrosive substance in a public place

This offence carries a maximum sentence of 4 years’ imprisonment.

The offence of breaching knife crime prevention order

This offence carries a maximum sentence of 5 years’ imprisonment.

Sale etc. of bladed articles to persons under 18

This provision extends existing law but introduces several complex challenges for retailers.

Online retailers will also be affected by these provisions.

Knife Crime Prevention Orders:

This new order is essentially a ‘knife crime ASBO’.  It is one of the most stringent preventative orders ever to have been brought into law.

This aspect of the new weapons laws has been widely condemned.  The scheme is likely to be piloted first in London.  The implementation is likely to be extremely controversial.  We are currently awaiting further details of the pilot along with statutory guidance on their use.

Other changes of note:

• Amendments to the definition of “flick knife” to cover knives fully opened from a partially open condition and by ‘manual pressure applied to a button, spring or other device in or attached to the knife’. This change will close existing ‘loopholes’ in the current legislation
• Prohibition on the possession of certain dangerous knives
• Prohibition on the possession of offensive weapons on further education premises
• Prohibition on the possession of offensive weapons (numerous statutory amendments)

Numerous changes to offences concerning:

• The offence of threatening with an offensive weapon etc. in a public place etc
• The offence of threatening with an offensive weapon etc. on further education premises
• The offence of threatening with an offensive weapon etc. in a private place
• Searches for corrosive substance on school or further education premises
• Various firearms offences

We will be carefully monitoring the implementation of these new measures to ensure that we are always able to provide up to date and comprehensive advice to our clients, whether in police interview or at court.

Contact an expert about the new weapons laws

If you are arrested or know that the police wish to speak to you about any offending involving a weapon then make sure you insist on your right to free and independent legal advice.  The courts will always take such offences seriously upon conviction.

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

Football is one of the most popular sports in England and Wales to both play and watch on a weekly basis.  On occasions, however, the mix of alcohol and heightened emotions can lead to a loss of control.  This means that what should be a fun day out can turning into the possibility of a fan being banned from all football matches for a minimum 3 years period as well as a possible prison sentence following any football related disorder.

Only this month Chesterfield football law solicitor David Gittins, a football fan himself, represented a 58 year old client who had not been convicted since the mid-80’s.  On this occasion he was before the court for football related offence. Notwithstanding the extremely serious allegation David was able to ensure his client kept his freedom and limited the conditions on the inevitable football banning order that the police applied for.

Football related disorder

Chesterfield Town had hosted Wrexham FC in a Vanarama National League match game. The match was categorised by the Police as “B”.   This meant that there was a potential for disorder. Both before and after the match there were problems caused by a small number of fans.  This included a serious incident in a pub close to the Proact Stadium.

The pub was designated for “home supporters only”.  However, a number of Wrexham fans gained entry.  This resulted in what the police describe as a ‘hostile environment’.  During the disorder David’s client threw a pint glass that he had been holding directly towards the Wrexham fans.  Thankfully nobody was caused injury.

Our client then left the pub, but not before he picked up a Police “spotter” video camera and took it with him.

The police investigation

After the match Derbyshire Police trawled CCTV relating to the incident.  A number of arrests were made.   Our client was interviewed and subsequently received a letter through the post informing him that he had been charged with threatening behaviour.  This postal requisition gave him the date that he was required to attend court.

It was only at this point that David was instructed to assist.  Had our client chose to seek our free and independent legal advice in police interview, we would have been aware of the full circumstances of the allegations much sooner and begun to prepare his case at an early stage.

Once legal aid was granted, David spent several hours watching the CCTV in the case.  He analysed the evidence in full before advising his client on the strength of the evidence against him.

Early guilty plea to football related disorder

David attended Court with his client who entered a guilty plea.  This would secure him maximum credit on sentence. A probation report was prepared.  Our client was a risk of a sentence of imprisonment.  The starting point for offending in these circumstances is 12 weeks in prison.

After hearing detailed and structured mitigation from David, the court decided that his client would be able to keep his freedom.  He received a suspended prison sentence of 3 weeks.

Inevitable Football Banning Order

The police in this case applied for a football banning order.  Unusually the police asked that as well as the usual terms banning attendance at all FA matches, there also be a large exclusion zone on match days.  This would have prevented our client from entering an area around the Proact Stadium for 4 hours before and 6 hours after each home game.

David was able to persuade the Magistrates’ that such additional conditions were unnecessary.

Contact one of our football law solicitors

If you are arrested or know that the police wish to speak to you about football related disorder 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

It doesn’t matter if you support a Football team that is winning trophies each year, or a team simply trying to avoid relegation.  The exhilaration of a last minute equaliser, or if you are really lucky a last minute winner, is simply indescribable.

Unfortunately, that 30 seconds of exhilaration could be cut short if your actions result in you being drawn to the attention of the police if your celebrations have gone too far.

Recently Chesterfield football law solicitor Ben Strelley represented a young client in both police interview and Chesterfield Magistrates’ Court.  He had run onto the pitch to celebrate a 93rd minute equaliser at the Chesterfield Town against Ebbsfleet United match.

The Allegation

For those who didn’t follow Chesterfield Town closely during the 2018-2019 league season, it is fair to say it wasn’t its finest year.

In this particular match, Chesterfield had gone 3-0 down to the away team after only 45 minutes.  Slowly the Spireites found their feet and clawed back two goals before time added on.

In the 93rd minute Will Evans scored an equaliser to square the game and complete the comeback.

Like many of the 4123 fans in attendance our client, a Chesterfield Town fan, was elated with the goal.  So overwhelmed was he by the turnaround he ran on to the pitch with others to celebrate with the Chesterfield Town players.

After the Match

The police were in attendance at the game and had recorded the celebrations of the fans.  They subsequently contacted our client to arrange a voluntary interview.  He had the good sense to contact Ben for his expert free and independent legal advice in this interview.

The allegation our client faced was that he had committed an offence under sections 4 and 5 of the Football (Offences) Act 1991 by entering the field of play.  Although it is possible for a suspect to raise a defence, they must have lawful authority or excuse to be on the pitch, and must prove that this is the case.

 Guilty plea at Chesterfield Magistrates’ Court

Football law solicitor Ben Strelley attended court with his client.  He was unable to put forward a defence to the charge so pleaded guilty at the first possible opportunity.  This would afford him full credit for his plea.

Although this offence would not usually attract a prison sentence, our client had committed this offence during the currency of a suspended sentence order.  This means that there was a real risk that this offence would trigger the activation of the suspended sentence.  To avoid this, Ben would have to argue successfully that to activate the sentence would be unjust.

Ben spent the time necessary with his client to be able to provide detailed, structured personal mitigation on behalf of his client.  This resulted in his client avoiding what might have seemed an inevitable prison sentence.   Instead the suspended sentence was varied and he was ordered to undertake 40 hours of additional unpaid work as well as a fine for the new offence.

A football banning order was also imposed.  Sometimes it is impossible to mount a successful opposition to these applications! Nonetheless, our client was delighted with the outcome and the fact that he had kept his freedom due to Ben’s expert advice and representation.

Expert representation for a football related offence

If you are arrested or know that the police wish to speak to you about a football related 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.