Tag Archives: advice

News

Assaults on Emergency Workers – a new offence

Assaults on Emergency Workers

The penalties for assaults on emergency workers have been in the news recently.

Is there a specific offence covering assaults on emergency workers?

 Until now the only specific offence has been that of assaulting a police officer. This is a summary only offence which carries a maximum of 6 months imprisonment.

There has always been an option to charge an offender with more serious offences, such as actual or grievous bodily harm, if the injury to the officer is more serious, and this will remain the case.

However, most lower level assaults on emergency workers have had to be charged as common assault – an offence carrying a maximum of 6 months imprisonment.

assaults on emergency workers

What is changing?

A new law has been passed which will create a new category of common assault – assaulting an emergency worker in the exercise of their functions.

If your neighbour was a police officer and you got into a dispute and assaulted them, the new provisions would not be triggered as they would not at that time be acting as a police officer (‘in the exercise of their functions’), but if you assaulted a police officer while being arrested, the provisions would be triggered.

The Assault on Emergency Workers (Offences) Act 2018 came into force on 13 November 2018.

Who will this cover?

“emergency worker” means—

(a) a constable;

(b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;

(c) a National Crime Agency officer;

(d) a prison officer;

(e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer;

(f) a prisoner custody officer, so far as relating to the exercise of escort functions;

(g) a custody officer, so far as relating to the exercise of escort functions;

(h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;

(i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);

(j) a person employed for the purposes of providing, or engaged to provide—

(i) NHS health services, or

(ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.

It is immaterial whether the employment or engagement is paid or unpaid.

assaults on emergency workers

What is the penalty?

The maximum penalty will increase from 6 to 12 months’ imprisonment.

Is there any further effect?

The legislation will also create a statutory aggravating factor. This means that if a different offence is charged (such as actual bodily harm, for example) where the victim is an emergency worker, it will be seen as an aggravating factor which merits an increase in the sentence to be imposed.

Within the current sentencing guidelines, it is already an aggravating factor to assault a person serving the public, but the legislation will put the position on a statutory basis.

Why is this happening?

There has been an increase in assaults on emergency workers in recent years.

Government statistics reportedly show

  • 26,000 assaults on police officers in the last year
  • 17,000 on NHS staff
  • an increase of 18% in assaults on firefighters in the previous 2 years
  • a 70% increase on assault on prison officers in the 3 years up to 2017.

As a result of these increases, new legislation was proposed, and this will be the first time there is a specific offence extending protection to those carrying out the work of an emergency service.

Whether this sentence increase will deter assaults remains to be seen, with most commentators being sceptical at best.

How can we help?

Those facing allegations of assaults on emergency workers will always know that the court will treat these allegations seriously, with or without another piece of legislation.

If you are arrested or know that the police wish to speak to you about an offence of assault upon an emergency worker or any other allegation 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.

You can read about a case where we made representations causing the prosecution to drop a case here.

This case illustrates the care we take to ensure a guilty plea to assault on medical  is the right choice for a vulnerable client.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

assaults on emergency workers
VHS Fletchers offices across the East Midlands

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News

The death penalty, extradition and mutual legal assistance

In the UK we have not had the death penalty for over 50 years. The last hanging in England took place in 1964 when Peter Allen and Gwynne Evans were hanged for the murder of John West, 15 months before the death penalty was abolished.

Since then there has been a long-held opposition to the death penalty which has been applied in extradition cases.

What is extradition?

Extradition means legal proceedings for the return of a person in the UK to another country to face criminal proceedings (or proceedings abroad to return a person to the UK).

How is the death penalty relevant?

When the requesting country has the death penalty available, and it could apply to the criminal proceedings in question the UK would usually seek an assurance that the person will not face the death penalty if extradited. If an assurance is not given, then UK law would prohibit the removal from the UK of that person. The death penalty is forbidden under the European Convention of Human Rights.

Why is it in the news now?

Alexander Kotey and El Shafee Elsheikh are alleged to have been involved in the torture and beheading of more than 27 victims as members of a cell of Isis executioners in Syria and Iraq. They are not subject to extradition as they were not arrested in the UK.

They have been stripped of their British citizenship, and discussions have been taking place as to whether they should be returned to the UK for trial or taken to the USA. Victims have been both UK and US citizens.

In an unusual move Sajid Javid, the UK Home Secretary, told the USA that he would not seek an assurance over the use of the death penalty and agrees to the US request for mutual legal assistance. This decision is now on hold pending a legal challenge.

mutual legal assistance

What is mutual legal assistance?

Mutual Legal Assistance is a method of co-operation between states for assistance in investigating or prosecuting criminal offences. The guidelines for Mutual Legal Assistance are similar to the law in extradition outlined above, in saying that if the death penalty is a possible sentence, an assurance will be sought that such a sentence will not be carried out in the event of a conviction.

What are the implications?

Commentators are questioning whether this is a relaxation of the policy of opposition to the death penalty in the UK.  Javid apparently stated in his letter that this does not alter the stance of the UK, but it certainly raises questions as to whether assurances would not be sought in the future and in what circumstances.

The Howard League for Penal Reform has already indicated that it may bring legal proceedings to challenge the decision of the Home Secretary.

How can we help?

Fortunately, individuals cannot receive the death penalty in the United Kingdom.  The alternative, however, is that those convicted can face very lengthy prison sentences and severe restrictions on their liberty if convicted.

We not only help those who are suspected of offences but also provide advice on all aspects of prison law for those already sentenced.

If you would like to discuss any aspect of your case please contact your nearest office or use the contact form below.

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mutual legal assistance

News

Offensive Weapons Bill published by the Government

offensive weapons billThe government has published an Offensive Weapons Bill.  The legislation is designed to signal a more stringent approach to the possession of weapons and liquids that can be used to cause harm, such as corrosive substances.

The Offensive Weapons Bill forms part of the government’s response to the recent rise in serious violence, set out in the £40m Serious Violence Strategy.  This places a new focus on early intervention alongside robust law enforcement.

What is proposed in the Offensive Weapons Bill?

The following provisions feature in the bill:

  • a new criminal offence of selling – both online and offline – a corrosive product to a person under the age of 18. The substances and concentration levels of what constitutes a corrosive product are set out in the Bill.
  • a new criminal offence of possessing a corrosive substance in a public place. There is a defence of possessing the corrosive substance for a good reason. There is a minimum custodial sentence in England and Wales where a person is convicted for a relevant offence a second time. The offence will carry a maximum sentence of 4 years imprisonment.
  • where a corrosive product or bladed product is sold online, the defence of having taken reasonable precautions can only be relied on where the seller meets certain conditions in terms of age verification and packaging and delivery of the items
  • new criminal offences prohibiting the dispatch of bladed products and corrosive products sold online to a residential address. The offence for bladed products is limited to those that can cause severe injury and includes defences for made to order items and those for sporting and re-enactment purposes. The offence will carry a maximum sentence of 6 months imprisonment.
  • new criminal offences in relation to delivery companies delivering a bladed article or a corrosive product on behalf of a seller outside the United Kingdom to a person under 18
  • updating the definition of a flick knife and prohibition on the possession of flick knives and gravity knives (their sale etc. is already prohibited)
  • amending existing law to make it a criminal offence to possess certain weapons (such as knuckledusters and death stars) – the sale and importation of these is already prohibited. It provides for compensation of owners
  • extending the existing offences of possessing a bladed article or offensive weapon on school premises to cover further education premises in England and Wales and Northern Ireland
  • amending the legal test for threatening with an offensive weapon in England and Wales
  • prohibiting high energy and rapid firing rifles and a device known as a “bump stock” which increases the rate of fire of rifles. Existing owners will be compensated.

How we can help

Although the contents of the Offensive Weapons Bill are yet to be made law, in recent months the rhetoric around knife-crime has been ramped up by politicians seeking to respond to public concern about knife-crime.

Judges hear this and often react by imposing increasingly long prison sentences.  These concerns have been reflected in the new guideline relating to sentencing those convicted of possessing offensive weapons.

It is our role to ensure that firstly our clients only enter guilty pleas when such a plea is appropriate.  We will begin to prepare your defence from the very beginning of the investigation, so take advantage of our free and independent legal advice in police interview.

If you are to be sentenced for an allegation involving a weapon or a blade then we will make sure that relevant factors from the background to the offending is properly advanced in mitigation.  The lives of young people in particular may be complex and some of the factors contributing to offending may be hidden.

It is our job to ensure that the full picture is presented to the court.

We provide nationwide advice and representation in criminal cases from our offices across the East Midlands.  You can find your nearest office here.

offensive weapons bill

Alternatively you can use the contact form below:

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News

Final weeks of work placement at Nottingham Law Centre

Newly qualified regulatory solicitor Elliott Moulster, based at our Ilkeston office spent a period pre-qualification on secondment to Nottingham Law Centre.

You can read more about his placement here and here.

nottingham law centreElliott was certainly kept busy during the final two weeks of his placement.  During his time there he had become a valued member of the Law Centre’s Welfare Benefits Department.

He continued to progress a significant number of welfare benefits cases.  Elliott was now in a position to provide advice to many vulnerable clients who required assistance.  There were plenty of calls to be made and letters to be written to the DWP,  This was combined with his attendance and assistance at community events.

Housing Law Duty Scheme

In addition to continuing with the valuable welfare benefits work, Elliott also had the opportunity to experience some housing law.  He attended Nottingham County Court with one of the housing solicitors, Anne Downey who was undertaking work under the Housing Duty solicitor scheme.  Elliott was impressed how, much like a criminal duty solicitor,  Anne was able to provide detailed and accurate advice in a very short period of time.

Since Elliott was given the above opportunity, he also spent a great deal of time familiarising myself with various aspects of housing law. This included

  • court procedure
  • the eviction process, and
  • possible defences to eviction.

nottingham law centreElliott’s most memorable piece of work happened on his very last day at Nottingham Law Centre. The Housing Department had a case in which they had to prove a defendant’s right to reside in the UK. Elliott drafted submissions to the court as to the individual’s right to reside.

This work followed similar submissions that Elliott had made on the topic to the Social Security Upper Appeal Tribunal.  In that case his representations had been approved and appreciated by the judge due to them being accurate but concise. Although the nature of the work is such that instructions are received at the last minute, he was able to prepare and deliver the submissions in the nick of time.

A big thank you to Nottingham Law Centre

In conclusion, Elliott had spent a fantastic time at Nottingham Law Centre.  The spell complimented the training in criminal law that he had received in our regulatory and criminal law departments.   He learnt a great deal and developed a number of transferable skills.

nottingham law centreElliott has no have no doubt that this experience will benefit him as he begins his life as a solicitor. The partners of VHS Fletchers are very grateful to supervising solicitor Sally Denton and all at the Law Centre for making the experience so rewarding.  Particular thanks must go to Diana Bagci who was a wonderful supervisor.

Although Elliott’s time at the Nottingham Law Centre is over, this won’t be goodbye.  Elliott is already a team member for the Nottingham Legal Walk on 10 May.

Read more about that and give generously here.

Elliott Moulster nottingham law centre

News

Busy week for Chesterfield crime solicitor

 

Chesterfield criminal defence solicitor Denney Lau
Chesterfield crime solicitor Denney Lau

Chesterfield crime solicitor Denney Lau has had another busy week,combining police station representation, Magistrates’ court cases and office appointments.

You can read more about this below.

Monday

Negotiated basis of plea

Denney’s first client of his working week was a person who had been arrested on a warrant that had been outstanding since November 2016 and was before Chesterfield Magistrates’ Court.  Although he accepted being guilty of an offence of assault, he did not accept the full extent of the allegation.  Denney was able to negotiate a basis of plea that was acceptable to the prosecution and the court.  He pleaded guilty and received a financial penalty.

Legal aid was granted which meant that our representation was free of charge to our client.

Trial prepared but no client

Later that day, Denney was to represent another legally-aided client who faced trial for theft from a dwelling.  The witness was to give evidence over a live link from Oxford.  The trial was fully prepared, but in the our client didn’t attend and the trial could not go ahead.

Tuesday

Client released under investigation

On Tuesday morning a client sought our independent legal advice in police interview.  The allegation was one of commercial burglary chesterfield police station solicitorfrom the summer of 2017.  He had been detained at chesterfield police station allegation of non dwelling burglary.  Following advice, our client put forward an account denying responsibility for the offence.

Representations were made that our client should not be detained while a decision from the Crown Prosecution Service was sought.  Instead, he should be released under investigation so that the final decision can be communicated at a later date.

Criminal legal aid meant that this advice and representation was free of charge.

Suspended rather than immediate custody

chesterfield magistrates court solicitor
Chesterfield Magistrates’ Court

Again with the benefit of criminal legal aid, Chesterfield crime solicitor Denney Lau represented a client who had breached his community order on two separate occasions.  To make matters worse, he had been unlawfully at large on a warrant without bail since September 2017.

The District Judge gave an immediate indication that he had no alternative but to send our client to prison immediately.  Having heard mitigation from Denney, instead he felt able to impose a suspended sentence leading to our client’s immediate release.

A night on call at Chesterfield police station

Lack of evidence on theft

Denney’s first client of the evening was a person who had been arrested for an allegation of theft.  A lack of evidence meant that our client chose not to answer police questions.  His continued detention was authorised to permit consideration of identification procedures and to see whether any further evidence was to be provided.

Representations secure bail from police

chesterfield police station legal aid solicitor
Chesterfield police station

His second client had been arrested for driving whilst disqualified but denied that allegation after receiving free and independent legal advice.  He was already being investigated for an identical offence.

Denney’s client was charged with both sets of offences.  The officer made representation to the custody sergeant that, bearing in mind the repeat allegations, our client should be detained for a remand application in the morning.

After hearing representations from Denney, the sergeant was persuaded to bail his client to court instead.

Wednesday

Chesterfield police station part two

Denney returned to Chesterfield police station to continue to represent the person detained for theft the night before.  There was a co-accused by now, although the co-accused was represented by a different firm of solicitor.

Our client was charged with several allegations of theft, as was his co-accused.  Denny was successful in persuading the police to grant his client bail, although the solicitor for the co-accused was less successful.  He was placed before the court for a remand application.

Favourable sentence in client’s absence

A client was due to be sentenced over the video link but refused to appear for the hearing.  The court decided to proceed in the client’s absence.  Denney continued to act in the best interests of his client.  This involved placing relevant mitigation before the court.  In the event, Denney secured a short custodial sentence that was almost equivalent to time already spent on remand, thus securing his client’s release within a further day or so.

Thursday

Birthday celebration, so no court, no police stations and no clients.

Go-karting instead.

Friday

Successful bail application by Chesterfield crime solicitor

A client had been placed before the court for an application to remand him into custody after he was charged with being in breach of a dispersal notice.  There were several issues surrounding the lawfulness of the notice so he was advised to plead not guilty.  Bail was secured even though our client had no fixed address and a conviction would place him in breach of a suspended sentence.

Another client no-show

Denney had prepared a trial to be heard before Nottingham Magistrates’ Court although he required further information from his client.  His client failed to attend and the court allowed the prosecution to proceed in his absence.  Denney was not fully instructed so withdrew from the case.

Interviewed without a solicitor

A client had made an appointment to see Chesterfield crime solicitor Denney to discuss their case.  They had chosen to be interviewed without the benefit of free and independent legal advice and wanted to talk about the evidence and the procedure following a release under investigation.

Contact a Chesterfield criminal law specialist

chesterfield crime solicitor 5 Beetwell Street
VHS Fletchers, 5 Beetwell Street, Chesterfield

We gain our experience and enhance our reputation for being experts in the field of criminal law by representing clients in relation to a full range of offences on a daily basis,

If you want to instruct Chesterfield crime solicitor Denney Lau in a case then the details of our new office in Chesterfield can be found here.  Alternatively you can use the contact form below.

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News

Trainee placement at Nottingham Law Centre continues

Elliott Moulster, a Trainee Solicitor in the Firm’s Regulatory Department, has been seconded to Nottingham Law Centre.  A post about his experiences during his first week can be found here.

During weeks two and three of the placement, Elliott had to work around existing commitments to his regulatory work, including time spent at the Crown Court in Newcastle-upon-Tyne for the beginning of a complex Health and Safety Executive prosecution.

Having instilled confidence in those supervising him at the Law Centre, he has been given much more responsibility and independence.  First thing in the morning he is greeted with a pile of files to review and progress.  The work will include

  • contacting clients to discuss their cases
  • chasing up replies from the Department of Work and Pensions
  • corresponding with employers, medical practitioners and varius other individuals and bodies in order to take forward benefit claims.

One of Elliott’s more complex pieces of work to date has been drafting submissions for a client’s appeal to the Upper Appeals Tribunal. The case being appealed concerned a client’s request for Employment & Support Allowance.  This had been refused by the DWP and the First Tier Social Security Tribunal.

The Law Centre believed that these decisions were in error, and therefore were supporting their client’s appeal.  The point of law was relatively complicated, relating to EU and immigration law.  Elliott found this a fascinating piece of work to be involved in.

Elliott has also been conducting his own interviews with clients, albeit under the direct supervision of Diana Bagci.  For example, he met with a client to obtain instructions to draft an application for a Personal Indepence Payment.  He ascertained the client’s health difficulties and how his life was affected on a daily basis.  Such conversations clearly involve a high degree of sensitivity and professionalism.

Finally, Elliott has used the opportunity of working at the Law Centre to continue to be involved in the local community.  He has continued to help at the Law Centre’s local support sessions for the Roma community.

He was also invited to another community forum.  On this occasion it was to discuss the local provisions for those suffering from trauma.

Elliott attended as a representative of the Law Centre at a local community careers fair.  This was attended and enjoyed by many.

With two more weeks to go of his secondment, Elliott is keen to see what new challenges are thrown at him.

Follow this link to the Nottingham Law Centre web site to find out more about its work and to make a donation.

News

A busy week at Chesterfield for Police Station Advice

This week from January 2018 provides a perfect illustration of the work undertaken by accredited police station representative Rob Lowe out of our busy Chesterfield office as he travels to provide expert police station advice.

Sunday

The week started with a visit to Chesterfield Police Station just after chesterfield police station advicemidnight on Sunday.  The the police decided this would be the ideal time to interview to a client who had asked for the duty solicitor.

Luckily, Rob was offered plenty of strong coffee which was very welcome, because he was there until after two in the morning.  He managed to get a few hours sleep before I was required back for 10 a.m. on the Sunday morning to provide a further three clients with police station advice in Chesterfield.  Again, these had asked for the duty solicitor.

Unfortunately, he was back home in time to see Arsenal lose!

Monday

Monday started with a further visit to Chesterfield police station to represent a client who was answering  police bail.   Although this was a second visit to provide free legal advice and representation to our client, there is no additional fee payable to us under the legal aid scheme.

Immediately after this, Rob represented a client who had been asked to attend the police station for a voluntary interview.  He had the good sense to have notified us the previous week that he would be liverpool police station adviceattending the police station and would wish free representation under the legal aid scheme.

After dealing with that case, Rob got into his car and drove all the way up to Liverpool.  He met his client at the city centre police station at 6pm.  Again, he was attending voluntarily and had earlier informed Rob that the police wanted to interview him.

After that interview was completed, and the client had gone home, Rob wandered into the city centre for a bite to eat before travelling home through weather that was variously rain hail and then snow.  He managed to be tucked up in bed by 11 p.m.

Tuesday

Tuesday began with a trip to Mexborough police station.   This was to provide free and independent legal advice to a client who had mexborough police station adviceattended for a voluntary interview.  Rob attended by prior arrangement, the client having contacted us in advance.

Rob was back in Chesterfield by lunchtime to represent another client at the Chesterfield police station.   Again, this client had attended for a voluntary interview.

After concluding advice in that case , Rob went down into the custody suite  to look after a client who had been to Court in the morning and had been represented by a colleague.  He was unfortunately arrested for further offences when he left Court, and he asked for VHS Fletchers at the police station to provide advice and representation.

Wednesday

It was the firms turn to be duty solicitor again on Wednesday.  Rob started the day by representing a client who had asked for the duty solicitor at Chesterfield Police Station.

A colleague then told Rob that a further client, who had been referred to us by a friend of his, was coming to the police station at 12 noon for a voluntary interview.  He was met by Rob at that time and advice was provided accordingly.

Ilkeston police station adviceAnother case was in the cells also ready for interview at 12 noon, so a colleague was drafted in to provide advice in that case so that there was no delay to the interview for that client.

Once the voluntary interview was finished, Rob made his way over to Ilkeston police station to act as an agent for a firm of solicitors in London.  They had a client who was attending for a voluntary interview but were unable to make the journey up to Derbyshire.  Rob was was back home for 7:30p.m. for another late tea.

Thursday

Thursday started early due to the need to provide advice at Sheffield City Council offices.  Rob represented a client who was being interviewed under caution for an allegation relating to improper use of a blue badge.

Rob then made his way back to Chesterfield Police Station to look after a client in custody who had been arrested and asked for representation from VHS Fletchers.

Rob made it home on time for a change, although this period of calm did not last long.  He chose to assist a colleague who was on call by providing advice and assistance to a client who was being interviewed at Chesterfield police station.

Friday

Rob was not required at the police station on Friday.  This provided a welcome opportunity to ensure that all of his paperwork was up to date from the week’s police station attendances.

Saturday

On the Saturday, Rob rested.  Within the last seven days, Rob had provided free and independent legal advice to sixteen different clients.

In January alone Rob has attended ten different police stations in January –  as well as Chesterfield, Rob has visited

  • Grantham
  • Clay Cross
  • Ripley
  • Hucknall
  • Mansfield
  • Eastwood
  • Liverpool
  • Mexborough
  • Ilkeston

and one council office.  The list will no doubt be even longer by the end of the month.

Contact us for free and independent police station advice

As we hold a legal aid contract we are able to provide our clients with free and independent legal advice when they are interviewed free and independent police station adviceby the police.  This remains the case whether a suspect is a volunteer or under arrest, whether the interview is in a police station or at another place such as their home.

Police interviews are important.  What a suspect says or doesn’t say can help in the decision as to whether court proceedings should follow an interview.  As a result it is important that a suspect seek police station advice before answering questions.  Other reasons to seek legal advice can be found here.  We can help you decide if, and how, you should answer police questions.

Rob can be contacted at our Chesterfield office.  Details of all of our offices can be found here.  All of our telephone numbers are answered 24 hours a day, 7 days a week to ensure that you receive our expert police station advice when you require it.

Alternatively you can use the contact form below.

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News

You should always ask for VHS Fletchers in police interview because…

People appear reluctant to seek advice for a police interview.  Why?

You should always ask for VHS Fletchers in police interview because…

We are free.

free legal aid for police interviewNo matter what time of the day or night, or how long a solicitor has to spend providing you with expert advice and assistance, our services will be free to you as we hold a legal aid contract with the government.

The government recognises that the last thing a person will want to think about when detained by the police under investigation will be whether they can afford to be represented.

You don’t need to worry about that. Ever.

What other reason could you need?

We don’t mind being woken up.

Well, not really.

It is part of a criminal legal aid solicitors job to answer the phone in the middle of the night to give advice, and attend the police station where necessary.

VHS Fletchers is large enough to ensure that solicitors have a break from being on call. We also have the staff to make sure that a member of the firm deals with your case rather than pass your case to an agent.

It is one of your rights so you should use it.

You have the right to legal advice so it must be important. Make sure you exercise that right.

We are experts in the field of criminal law.

police interview solicitors nottingham newark chesterfield derby mansfieldIt is perhaps unlikely that you will have a knowledge of police practices, court procedure, rules of evidence and criminal charges. Our solicitors do. A person wouldn’t be shy about consulting a dentist, plumber or accountant depending on need. Why be shy about instructing a free solicitor in the middle of the night?

Even if you haven’t done anything wrong we can help you.

Choosing to have a solicitor doesn’t make you look guilty to the police. Choosing not to have a solicitor might make you a push over in terms of how the police deal with your case.

Why would you choose to go into the alien environment of a police custody suite or interview without the benefit of a trained expert in the field of criminal law?

If you haven’t done anything wrong, you might still struggle to explain yourself in the pressure of a police interview. Our presence and advice will help with that pressure.

We are entirely independent of the police.

Although we have a legal aid contract with the government, we are entirely independent of the police and the courts. You are our client, and the free advice and assistance that we give will be to help you.

…Because it is never a ‘quick chat’, despite what the police say

The only reason you are being interviewed is because the police suspect your involvement in a criminal offence. Any ‘quick chat’ is to investigate that. The outcome of the chat might be a police caution, or a charge for a serious offence, with serious consequences for your future.

We won’t delay your release.

The time that you are detained in the police station is entirely down to the police. During normal office hours, we have a number of solicitors and accredited representatives who are available to attend the police station at short notice to provide you with free advice and assistance.

free advice for police interviewsOut of hours VHS Fletchers operate an on-call rota system where we have four staff members on call at any one time, and the ability to call on more representatives to assist if need be.

If you are arrested further afield then we will ensure that you are represented by a solicitor who can help you immediately without causing delay.

We know that you will want to be released from the police station as soon as possible, and wouldn’t wish to delay that process. The police, on the other hand, often pass an investigation from officer to officer due to changing shifts or due to how they wish to organise themselves. It is likely to be this, and any investigation they are carrying out, that will cause delay.

If you are charged then what happened at the police station is likely to be very important to your case.

If your case comes before the court then your police interview is likely to be important, particularly if you are having a trial. It is likely to help you if you have given thoughtful and considered responses to police questioning having had an opportunity to discuss the evidence first.

police interview criminal defence lawyerIt might be that you have chosen not to answer police questions. This could be because the police have insufficient evidence when you are interviewed. If the evidence is then forthcoming, your solicitor could attend court to tell a jury about the account you gave in private consultation where this is the same as the defence you give in court.

We will give you time to think.

In nearly all cases the police will tell us some information about your case in advance. This may include the names of any witnesses and what they say happened. It can include forensic or telephone evidence. We may have the opportunity of viewing CCTV evidence.

police interview nottingham vhs fletchersYour legal representative will then have an opportunity to speak with you about the information disclosed and take your instructions. You will receive advice about what the evidence shows and whether you ought to give your account to the police.

It is only when you and your solicitor are happy that you are in a position to be interviewed will the interview take place. Should you need to discuss any aspect of your case during interview then you will be able to request that the interview be stopped for a further consultation.

Your solicitor might notice a point of evidence in police interview that you need to provide instructions on. In that case, they can request that the interview be stopped.

Without a solicitor, the police will not provide you with the evidence in advance and you will have to make your decision whether, and how, to answer questions during the interview. In those circumstances, it might be difficult to give your best account.

We can negotiate with the police on your behalf.

A solicitor will be important in negotiations for many reasons following police interview.  You might feel you need medical attention.  Perhaps the police need pointing in the right direction in terms of the investigation.  There might be a compelling need for your release.

It might be argued that there is insufficient evidence to charge you with an offence.  Alternatively, where the police are thinking of charging a serious offence we will have the opportunity to suggest less serious offences.

The police may want to keep you for court to seek a remand into prison custody.  We can suggest bail conditions on your behalf at the police station.

Alternatives to charge might be appropriate such as a police caution or a restorative justice measure. Again, we will argue for this on your behalf.

We are free, we are experts and we are on your side.

Make sure you call us, day or night.

Find you nearest office here.

Alternatively use the contact form below:

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Successful Police Station Accreditation for Elliott Moulster

Ilkeston crime solicitor Elliott Moulster
Trainee solicitor Elliott Moulster

We are pleased to announce that our trainee solicitor Elliott Moulster has successfully completed his Police Station Accreditation.

This means that he is now able to represent clients at the police station who have requested the duty solicitor.  He has also proved himself able to represent our own clients or duty clients who face the most serious of allegations that if charged could only be heard at the Crown Court.

Police station accreditation

As would be expected, the process for securing such a qualification is onerous.  Although Elliott was exempted from the written examination as he has completed the Legal Practice Course, he still have to undertake the preparation of a portfolio of his work for assessment and take part in the Critical Incidents Test.

Two part portfolio

The Portfolio is in two parts.  For the first part he had to work with experienced Duty Solicitor Lauren Manuel.  He attended the police station with her and observed two cases where she provided the advice.  Elliott then attended on two further occasions and was observed providing the advice himself.

The second part of the portfolio involved Elliott attending the police station himself, assessing the evidence and providing the advice himself.  He then had the opportunity of speaking with Lauren about the issues that arose and the decisions that he made.

The written portfolio is then assessed by an independent organisation to ensure that Elliott has demonstrated the necessary understanding of the complex law and evidential issues that can arise at the police station.  Only when he has proved that can he pass the accreditation.

Critical incidents test

The Critical Incidents Test is the second part of the assessment.  The purpose of this test was to assess your Elliott’s effectiveness in the police station.  It simulates police station situations so Elliott had to listen to audio recordings of extracts from typical police station situations.  He then had to record appropriate responses to these conversation.

The purpose of this test was to assess:

  • the appropriateness of his responses
  • his oral communication skills, and
  • his assertiveness

As a result, if Elliott should represent you at the police station then you can be sure that you are in safe hands.  His abilities have been independently tested before he meets you!

Contact a solicitor or police station representative

nottingham crime solicitor police station accreditationWe offer 24 hour representation at police interviews nationwide.  If you are a suspect in a criminal investigation such representation will always be free of charge to you under the legal aid scheme where you are interviewed by the police, whether this is as a volunteer or under arrest, whether in the police station or at another location such as your home.

Please contact your local office if you know you are to be interviewed, or make sure the police contact us if you are under arrest.  Any of our office numbers will allow you to speak to a lawyer 24 hours a day all year round.

News

Legal Advice to Landlords

 

Nottingham Crime and Regulatory solicitor Martin Hadley recently represented a landlord in interview relating to an alleged breach of regulations applying to a house in multiple occupation.

Inspection of a House in Multiple Occupation

The landlord had been visited by the local authority inspectors who had found shortcomings in the facilities offered within the property.  Martin’s client had successfully negotiated a period of time to make alterations to the premises to bring them into line with current legislation.

He had then employed a reputable contractor to undertake the works.  He knew the builder personally house in multiple occupation adviceand had used him for many years.  As a result he believed that the work would be completed to the requested specification and paid for the works to be done.

As a result, the landlord had no reason to suspect that the premises would not fulfil the requirements of the local authority.

Builder’s Failure

Unfortunately a subsequent visit by the inspectors revealed that the works did not fulfil the statutory requirements and the landlord was invited by the Council for an interview at their offices. This was to be a recorded interview.  The purpose was to gather evidence for a potential prosecution.  Our client was to be cautioned at the start of the interview.

Understandably, our client was extremely worried about the interview.  Unfortunately, rather than instruct us immediately he instead instructed an expert to produce a report to show  the council that he had completed the works to the relevant statutory requirements for a house in multiple occupation.  Of course, he hadn’t.

Defence of Reasonable Excuse

Sadly, this expense was not needed.  The report could not address the defence that our client needed to put forward.  Once he received advice

homes in multiple occupation advice

Martin was able to advice him that he would be able to put forward a reasonable excuse for failing to comply with the statutory requirements, that being the instruction and payment of a builder of appropriate skill and experience to undertake the works.

In order to allow our client to budget for his legal fees Martin agreed a fixed fee.  Within this fee, Martin liaised with the local authority to find out the detail of the allegations that would be put in interview, and advised his client prior to interview.  This meant he was able to ensure that his client brought along a bundle of relevant papers to the interview.  The advice continued throughout the interview.

As a result the client was able to raise the necessary defence and support it with documentary evidence.  The council decided to take the matter no further.  No court proceedings were brought.

Contact Martin Hadley

This case illustrates the importance of taking early advice from a specialist lawyer in order to ensure that your case is dealt with efficiently and without incurring unnecessary expense.

If you are a landlord responsible for a house in multiple occupation and receive contact from the local authority please telephone Martin on 0115 9599550 or email him here.  He will be able to provide you with advice on how best to deal with the allegations and agree fees for affordable advice.