Latest Updates

Much of a solicitor’s time is spent at the police station, the magistrates’ court or in the crown court. However, occasionally cases proceed to the giddy heights of the High Court, the Court of Appeal or even the Supreme Court. Ian Carter recently dealt with a case at the magistrates’ court which has then been … Continue reading High Court Judgement – Police Powers →

New rules prevent keeping primates as pets

Does he who represents himself have a fool for a client?

Denney Lau had the honour and privilege of hosting the 147th President’s Annual Dinner for the Sheffield and District Law Society.

First conviction for new offence of cyber-flashing

The Online Safety Act 2023 creates a new offence of encouraging or assisting serious self-harm. The offence applies from 31 January 2024.

A recent Court of Appeal case where a minimum sentence was avoided.

Sexual Harm Prevention Orders include requirements to participate in polygraph testing for sex offenders

Amendments to the Rehabilitation of Offenders Act means certain custodial sentences of over four years may become spent

A package of laws that commenced 31 December 2023 will fundamentally change the ownership rules in respect to the XL Bully dog breed.

The Single Justice Procedure is designed to enable magistrates’ courts to deal with minor offences more efficiently, while still ensuring rigorous, open and fair justice

Use of pre recorded evidence to assist a witness may benefit the accused

The Post Office Horizon affair has been described as one of the UK’s most widespread miscarriages of justice.

A Christmas party with a difference

Many defendants may question the potential for juror bias in situations where the type of crime being tried has impacted a juror.

The Nationality and Borders Act 2022 created a new illegal entry offence. The Court of Appeal has now issued sentencing guidance.

Recent cases in the USA and England have shed light on the apparent dangers of relying on Artificial Intelligence for legal case preparation.

The Crown Prosecution Service will often run a case without a willing witness and will base their case upon circumstantial evidence.

In 1948, Orwell’s wrote novel, “1984”, was a vision of a world where Big Brother watched everybody, but maybe not through a doorbell camera.

Chesterfield motoring solicitor instructed and client received no driving ban despite collecting 12 penalty points.

Chesterfield motoring solicitor David Gittins successfully represented a client appearing before Chesterfield Magistrates’ Court for being drunk in charge of a motor vehicle. You can read information about this offence here. The guideline penalties upon conviction can be found here. Our client accepted that he was over the drink drive limit.  He had been found … Continue reading Trial win for Chesterfield motoring solicitor →

Our Chesterfield criminal solicitors and accredited staff office have had many early mornings and late nights travelling the length and breadth of the country.

An example of early preparation securing not guilty verdicts for our client.

Successfully defending football related offences will avoid the risk of football banning orders being made on conviction.

Conviction and football banning order avoided through successfully defence of a football offence

This month, our Nottingham taxi licence solicitor Denney Lau successfully assisted Mr S in obtaining his taxi licence at a Nottingham council. Mr S had his taxi licence revoked by the council 2 years ago and his application to another council was refused last year. At both previous committee hearings Mr S was unrepresented – … Continue reading Taxi licence (hackney carriage) and private hire licence appeals →

Trainee solicitors in criminal defence

How is an intermediary used in court?

Contact a solicitor specialising in drink and drug driving

All Saturday courts in Nottinghamshire and Derbyshire to be held at Nottingham Magistrates’ Court

A Duty Solicitor diary from April 2020

Court of Appeal rules on Encrochat admissability

Recent events have brought the policing of protest into the news again

A summary of the main provisions

A summary of the changes

Make the changes people

Stressing the importance of remote working

A move to virtual working – but what of the client?

A much reduced service

Telephone and video hearings to be the norm?

Which businesses and penalties for breach

No new trials to start.

A constructive meeting

An idea about what to expect in the next fortnight.

What to expect if arrested.

What you should expect from good solicitor preparation of your Crown Court case

Expect to see some changes in how the system will work

Sentences on conviction are always likely to involve prison.

Social media use can lead to a disciplinary sanction

An overview of issues that may arise where there is a reluctant witness.

Steps have been taken to remove the perceptions that assaults are ‘part of the job’.

Lack of court staff may lead to changes in listing

Filming without consent even where the sex was consensual is likely to see a person in court.

Although offices are closed, our out of hours service continues

Looking at some of the stereotypes relating to Christmas drink driving offences

A trip to court can have far reaching consequences

The courts will always impose deterrent sentences for contraventions of the law.

Circumstances in which witnesses can give evidence from elsewhere

Best advice – say nothing publicly

Best not to try a holiday insurance fraud.

The answer is always likely to be ‘yes’.

Far from a watertight alibi?

More offences are to be capable of appeal

Although sentences should broadly remain the same it is likely that they will in reality increase.

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 … Continue reading The potential effect of delay on sentence →

Unhelpful information provided by the Government

Some people end up using advisers who are far from being solicitors. Read the benefits of instructing a real solicitor here.

Those in social housing must think of consequences of an Airbnb listing

Some clarity into what is mobile phone use while driving

Impressive activities for those inside

The importance of up to date knowledge and written advocacy

Ideally there would be a clear verdict at the end of a Crown Court trial but sometimes there is not.

Serious consequences can flow from these allegations

Are sentencing powers inadequate when there are multiple fatalities?

Courts will nearly always impose an immediate prison sentence

First step, contact is immediately

More pitfalls for a defendant in a prosecution brought by a private individual

Plan is to avoid confusion that can lead to sentencing errors.

New prosecution guidance seems likely to assist those suspected of an offence

£100 fine and 3 penalty points for contravention

Will Draconian new measure make a difference?

Will they succeed in the stated aim of reducing serious crime?

Suspended sentence for threatening behaviour

Offending in breach of a suspended sentence order

The Law Society has identified 5 key problems with the system.

Read about and take part in the Law Society campaign

Disorderly conduct not football related

Court persuaded that allegation was not football related violence

Appeal on the basis that the incident was not football related.

New CPS guidance doesn’t go far enough to help many suspects

Delay in cases coming to court can prejudice defendants but when will the court interfere?

A specialist criminal lawyer will be better value than a paid McKenzie friend.

Police share their view that evidence strong enough to bring charges

Pressures on the courts to deal with matters quickly means the answer is no.

The position is complicated and illustrates the need for early legal advice and assistance.

Was it technological ‘advances’ that made his decision to retire easier?

Are sales now driven onto the street away from shops?

An overview of the defence of automatism

Not guilty verdict after trial

We outline the risk that householders could face penalties if using unlicensed people to remove waste.

Positive outcome for client rather than significant financial penalty

A prediction from the Ministry that hundreds more will end up with prison sentences

A measure that is likely to provoke fierce debate.

The requirements are different for social and commercial use.

Many are convicted following a mistake rather than a deliberate decision to drink and drive

Some examples of the offence and the sentences handed out.

Several of the powers are set out here

A summary of the circumstances in which the orders can be made.

The law and potential sentence

English law more forgiving that laws on the continent.

Denney Lau offers advice on how to avoid penalty points and fines

A brief overview of the law

Read more about what can be complicated cases.

Discussion of the two types of offence and the evidence needed

Where now for wrongfully convicted soap character?

The answer will depend on the charge you face, personal circumstances and other considerations.

The best way to find out is to contact us before any police interview

Obscure law being used to prosecute this new type of offending

Some legal definitions and thoughts on sentence for what can be serious offences

Although used infrequently, the penalty on conviction can be severe.

All avenues explored before plea entered.

A new report may result in positive changes to the law

Sometimes a client’s circumstances still have the capacity to shock

Not guilty verdict secured by higher court advocate

A summary of the relevant law

A campaign to make people, including politicians, care about the

Read Denney Lau’s personal story here.

Seek legal advice from VHS Fletchers immediately.

Some helpful information for those considering a career in crime.

Read about the consequences of saying no to a lawful request.

Will it deter offending or simply increase sentence in a limited number of cases?

Strange effects, dangerous drug.

Another government consultation, another response drafted. Will this one make a difference?

Right to silence leads to no charges being brought

And was it cricket?

In force from 1 January 2019.

Prosecution application to admit res gestae hearsay evidence resisted

Some considerations where the issue of entrapment can arise.

A summary of a complex area of law

Cases where a client’s personal circumstances provide compelling mitigation

More about the law here.

Contact us for full advice on your case

Read about a particular case here.

Restorative justice outcome negotiated

A busy summer across the country but no trips to the seaside.

The law and considerations on sentence.

Some information that may be helpful to those called to give evidence.

You’ve been interviewed by the police and released. What next?

What needs to be proved and how to defend a case

Three trials, three good results for our clients

Are defendants gaming the system?

Consideration if facing an allegation

Unfairness of the consultation process allows successful challenge by the Law Society

A statement can be drafted for police interview to reduce the risk of adverse inferences

The reasons for exercising your right to silence are many and varied

New guidelines provides detailed guidance across the full range of offences

Unsurprisingly criminal convictions can have an effect on a professional career

Extradition is in the news so here is an outline of the process

Government courts controversy in death penalty case

Police are looking in some surprising places to find evidence to prove guilt

The latest ‘get tough’ policy, this time in relation to weapons and corrosive substances.

An overview on issues relating to consent here.

A damning report puts pressure on the Ministry of Justice to properly fund the criminal justice system

Read more about the procedure and effect here.

Words said on the spur of the moment can lead to serious charges.

Laws that criminalise unlawful violence date back to 1861 and are used every day in criminal courts to support prosecutions.  Do they criminalise parental chastisement? Despite what might appear to be an obvious legal position, the question is often asked as to whether, despite those laws, it is permissible to ‘smack’ a child. The simple … Continue reading Defending an allegation of parental chastisement →

Two not guilty verdicts and a successful exceptional hardship argument

The aim is to ensure a consistent approach is taken.

Legal loopholes to be closed by 2020

Constructive working between the parties

A prosecution is far from inevitable. Some alternatives can be found here.

Once you’ve typed a comment and pressed send you might already be in trouble

What information can employers discover about your criminal record?

A brief outline of legal considerations for landlords

An order will have a real effect on a person earning a living

Private cost or lack of scope of legal aid likely to be the barrier.

The main one will be the sentence upon conviction – often unforgiving.

These have the potential to lead to longer prison sentences.

You are at risk of a prison sentence if you don’t pay

Police apparently forgot they were wearing bodycams

What does the prosecution have to prove? What are the defences?

The work that is undertaken during a training contract

Read an overview of the law here.

Read more here about some of the limits of the defence

Medical evidence provided a reasonable excuse

Clients and witnesses are understandably concerned about press coverage so here are some of the rules

Read the final instalment of Elliott Moulster’s training at the Law Centre

Failure to do so properly can be an offence

Charity run by National Justice Museum to help empowerment of young people

The final is Thursday 19 April at Nottingham Law School

Some legal and practical considerations.

More revelations about a justice system in crisis

What are the key principles in a fair justice system?

Support the campaign to bring about change

Successful argument to avoid a ban

Judge comments ‘they need to know the rules’

Good results for clients in different types of case

We are confident that we can give you a number of reasons to choose us

Across town and next to the police station

Discussion of a system in crisis

Make a donation here

Recent examples of advice from our Chesterfield office

A catch up on weeks two and three of Elliott’s placement

Some thought’s on a university’s obligations to prevent discrimination

Another guideline that will increase prisoner numbers

Coming soon to the streets near you

Your liberty and your dog’s future is at stake if you are prosecuted

A new domestic abuse sentencing guideline was published on 22 February 2018, giving courts up to date guidance that emphasises the seriousness of offending involving domestic violence or other forms of abuse in a domestic setting. What is domestic abuse? There is no specific crime of domestic abuse.   It can be a feature of many … Continue reading New Domestic Abuse Sentencing Guideline Published →

Read more here, including a link to email your MP

Sensitive case alleging historic abuse

Elliott Moulster seconded to the Law Centre as part of his training

Complete the survey to help keep the issue in the headlines

If suspected of this crime you will need legal advice

An application will be triggered by a conviction for certain offences

An outline of the basic procedure in such cases

Not only a criminal offence but also allows for a claim for damages

Where circumstances change, so should the contents of a restraining order

These new orders reverse the burden of proof

This evidence will always be important part of any defence

Client chose to transfer legal aid to us to deal with confiscation proceedings

Sixteen clients and 10 different police stations

Proceedings can be complex and seem unfair

Take advice if you are sitting on 9 points rather than make a serious mistake.

Proactive and reactive defence of sensitive cases

Consequences for travel and employment

Half of those arrested do not face charges

A recent high profile case highlights difficulties that can arise

The process of jury deliberation remains something of a mystery

Guideline starting point was 12 months custody

Police made to investigate client’s complaint

Submission of no case to answer succeeds

Chesterfield solicitor achieves the improbable, if not the impossible

Can an order be made where the ‘beneficiary’ doesn’t want one?

19 points on licence, but able to drive

Prison avoided for mother of two

A victory for residents of Newark

The law on nitrous oxide appeared to change several times over the summer

Time limits apply to any application and detailed preparation is required

Key evidence lost or access by defence delayed

It is a police interview – it is crucial you get it right

The amnesty applies to the possession at the time of surrender not past crimes

A busy working week from the start

Our client was able to keep his job

Sometimes a useful alternative to answering questions

And police station advice and representation will always be free

The importance of negotiation to sentence

Serious offences resolve to lesser charges

Credible offer of a basis of plea makes the difference here

The police officer was forced to make a number of concessions

We will help you put forward your best mitigation

A range of sanctions are available

Put pressure on the government here

The law on reviewing such sentences

Plea to lesser charge avoided five year sentence

Seek advice for possible challenge by way of judicial review

Research inconsistent on whether they have an effect on behaviour

A detailed examination of the unused material was key to the case

Unsurprising reaction to ‘outcry’ is more and longer prison terms

A summary of the relevant law

Despite bodycam footage and 999 call prosecution argument fails

A useful insight into the pharmacy profession

Prosecution abandon objections when we provide new evidence

There is an automatic right to appeal from the Magistrates’ Court and we can advise

Despite late instructions a successful outcome was achieved

Proposed increase from 6 months to 5 years

Complex but possible for those with an indefinite notification period

Nick Wright helps local Magistrates understand our role

Prosecution drop allegation of a serious sexual offence

Environment agency to clamp down on illegal dumping of business waste

An excess alchohol conviction can lead to problems with the return of your licence.

The main provisions of the new Act.

…with the university.

…with the police.

An almost constant debate

No case to answer after prosecution case

Research shows how hard advocates must work hard on your behalf

We need to tell people the work that legal aid solicitors do

A surprisingly large number of reasons to have a solicitor in police interview

How the prosecution tries to prove an allegation of domestic violence without a witness

Constructive sentence imposed to benefit the public

Sometimes you can’t take the word of the prosecution

Prosecution persuaded to make the right decision

Representations rather than evidence resolve case in client’s favour

Client would have benefited from early free advice at police station

Some detail on recent cases dealt with by Serena Simpson

Client’s efforts to tackle drinking recognised by Magistrates

Experienced trial lawyer made difference in this case

A number of factors suggested the prosecution should be dropped

Concentrating on the real issues leads to client’s acquittal

Robust response from solicitors’ leader.

Successful argument made not to activate suspended sentence

Persistence pays off as the prosecution eventually make the right choice

David Gittins gives free advice to the Chesterfield Homeless

Experienced solicitor persuades prosecution to withdraw proceedings

Positive feedback following not guilty verdict

Careful questioning leads to successful submission

Guilty plea accepted to a much less serious charge

19 penalty points but able to continue with her job

Prosecution unable to provide evidence showing client responsible for assault

Helping to make Magistrates’ Court representation affordable

Mitigation built on early acceptance of guilt

Careful preparation and mitigation allows client to avoid custody

Court doesn’t give the prosecution a chance to put its failures right

Positive feedback following acquittal at Nottingham Crown Court

Ian Carter shows students how law relating to murder is applied in real cases

Independent assessment shows you are in safe hands

Release granted despite opposition from prison service

62 miles or 100km, it’s a long way however you look at it?

Positive client feedback following representation at successful independent adjudication

Starlight Strut on 19 May to raise money for Treetops Hospice

Clear advice on plea helps to avoid immediate prison sentence

880th out of 40 000 runners in first London Marathon run

Move from high security estate to open conditions at first request in an unusual case

Motoring law solicitor Graham Heathcote interviewed on BBC Radio Nottingham

Leave your flares at home please

Serena had planned a day at her desk but the police had other plans

Solicitor brings flexibility for clients and niche specialism

Nottingham solicitor travels to ensure client has continuity of representation

Despite an officer’s certainty he had his man, Magistrates weren’t so sure

Clear trial strategy leads to not guilty verdict in going equipped trial

Upon closer examination a purported police expert witness lacked expertise

Experience and knowledge of our client allows mitigation that avoids a custodial sentence

Trainee Elliott Moulster takes part in final of the Hammond Cup

Trainee Elliott Moulster is supporting this Nottingham Trent University program

Expensive day out for local anglers following Environment Agency prosecution

Careful consideration of sentencing guidelines lead to suspended sentence in Magistrates’ Court

Client able to avoid apparently inevitable activation of sentence

Careful questioning leads to acquittal in Magistrates’ Court

Some thoughts on whether the Act will really deliver on limiting investigation times

Although custody seemed inevitable, persuasive mitigation secured a suspended sentence

Judge persuaded to ‘step outside’ the normally strict sentencing guideline

Powerful mitigation results in a significant reduction in sentence

Special reasons successfully argued to keep driving licence

Free police station advice avoids court appearance

Youth detention appeared inevitable until other options were properly explored

Careful cross examination brings our inconsistencies in prosecution case

Early advice avoids court proceedings for client

Always instruct a defence lawyer for a police interview

Client thank you for Nottingham Youth Court representation

Prison sentence avoided following plea negotiated on limited basis

Cross-examination shows that independent witness was mistaken

Not guilty verdict at Nottingham Magistrates’ Court

Elliott Moulster makes it through to the final of Hammond Cup

DNA evidence is the only link to client and he’s found not guilty

Pro bono representation and not guilty verdicts for Polish clients