Tag Archives: chesterfield

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Suspended sentence for Grievous Bodily Harm at Chesterfield

suspended sentence grievous bodily harm chesterfield
Chesterfield crime solicitor David Gittins

Chesterfield Crime Solicitor David Gittins recently represented a young man before Chesterfield Magistrates Court. His client had been charged with the serious offence of section 20 Grievous Bodily Harm or GBH.  It was alleged he had broken the jaw of the complainant.

The sentencing guidelines mean that such an offence will regularly carry a custodial sentence upon conviction.  Furthermore, such cases will often be dealt with before the Crown Court.

In this case, David gave careful consideration to the guidelines and the facts.  As a result he was able to convince the court not only to keep the case but also to impose an alternative to immediate custody.

Free police station advice and representation

Experienced Police Station Representative Rob Lowe first attended Chesterfield Police station with our client.  This was some months before the matter finally came before the court.

Chesterfield Police Station Representative Rob Lowe

Rob was able to provide free legal advice following arrest for grievous bodily harm. This was under the legal aid scheme.  Such advice is not means tested so as a result will always be free of charge.

Having a legal representative in the police station is always important.  Rob was able to secure information from the police about the incident.  As a result the client knew in advance what the allegation was.  Rob took our client’s instructions. He was then able to advise on the strength of the evidence.

The evidence was very strong  as our client was named as the aggressor. Our client accepted that he was guilty of the offence.  He then had a decision to make as to whether he would answer police questions or not.

Rob was able to explain that there is often something to be gained by answering police questions even where a person will accept guilt at court.  In this case it was important that our client explain at the outset why he had acted as he did.  It was an early opportunity for him to say how sorry he felt.  This would help him gain maximum credit on sentence when the case reached court.

Late service of CCTV evidence (again)

When the matter was eventually charged David took over the management of the case to prepared the case for court.  Although the entire incident was covered by CCTV this was not available until the day the case was first in court.

The footage was clear and showed our client punching the victim once to the face.  He was knocked to the ground. Sadly the victim was left with a fractured jaw that needed surgery.  The Prosecution was to argue that the case should be allocated to the Crown Court as the Magistrates’ sentencing powers were insufficient.

Representations on mode of trial and allocation

David was able to argue against that, relying on a number of factors:

  • The CCTV footage showed his client breaking up a fight immediately before he threw the punch
  • he walked off straight away
  • there was a single punch so no follow up
  • he was of good character
  • he was only 18 at the time of the incident
  • his early admission of guilty

The Magistrates were taken through the relevant sentencing guidelines in detail.  As a result, despite prosecution representations, the Magistrates agreed the case could remain in their court.  The case was adjourned in order that a pre-sentence could be obtained from the probation service.

Suspended sentence for Grievous Bodily Harm

When the matter returned to Court a week later the Probation service had prepared a report.  Although prison remained an option, the report concluded that our client’s risk could be managed outside the prison system. As a result, any punishment could properly be within the community.

David’s powerful and reasoned mitigation led to his client receiving a twelve week sentence of imprisonment.  This sentence would be suspended.  This was combined with community elements and compensation.

As a result our client was understandably delighted.  He realised just how close he had come to receiving an immediate prison sentence.

Contact a Chesterfield Criminal Defence Specialist

Without condoning violence, the outcome shows that with the right preparation a court can be persuaded to sentence on the basis of single mistake that will never be repeated.  There is often flexibility within the guidelines to permit a sentence that properly reflects the mitigation available to a client.

However, you will only be able to secure the best result for you in the circumstances if you choose your legal representatives carefully.

If you face a police investigation or court proceedings for an offence such as Grievous Bodily Harm then you can contact David or Rob at our Chesterfield office on 01246 283000.  Alternatively you can use the form below to email your enquiry to us.

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News

Breach of a suspended sentence at Chesterfield Magistrates

breach of a suspended sentence Chesterfield criminal solicitor
Chesterfield crime solicitor David Gittins

Chesterfield Crime Solicitor David Gittins recently represented a client in difficulties at Chesterfield Magistrates’ Court.  The client had committed an offence in breach of a suspended sentence.

The court would have to be given a good reason not to activate the sentence.

 

 

The Allegation

David’s client had been arrested in relation to two allegations of common assault owing to having been drinking all day.  He had drunk about 20 pints of lager so had not considered the consequences.

His partner who had been with him left the public house.  Unfortunately she had taken an item of sentimental value belonging to the pub landlord.  As a result the landlord understandably followed her and retrieved the item.  Meanwhile, David’s client remained at the pub.

When his partner returned she was suddenly tripped up and landed heavily on the floor.  Without thinking, our client punched the male to the face and a small scuffle began. The scuffle ended after a few moments and the David’s client began talking to others at the scene.

During this time, he lashed out again, punching another male to the face before walking away from the pub.

Offence in breach of a suspended sentence

When charged and before the court David’s client accepted that he was guilty of the charges.  He entered guilty pleas.  Unfortunately, these offences were committed in breach of a suspended sentence imposed three weeks previously.

As a result, the court would immediately consider that the suspended sentence ought to be activated.  A separate sentence would be imposed for the new offences. The likelihood was that this would happen at the first appearance and without reports being prepared.

Mitigation sought to try and avoid the inevitable

David secured information to put before the Court in a bid to convince it not to send his client to prison.  David took detailed personal mitigation from his client. The client was very proud to say that he had undertaken a period of alcohol abstinence and had been dry, albeit for a short period.

His main concern was not for himself but rather his daughter.  He cared for her four nights per week so that his ex-partner was able to work on the evenings he had his daughter.  If his client was sent to prison it was unclear who would provide the necessary case.  His ex-partner may have had to leave her employment because there were no other family members close by to assist.

Additionally any period of imprisonment would have resulted in our client’s  online business closing so staff would be made redundant. His current partner would be as a result unable to maintain payments on their family home.  Customers would lose out as well.

David spoke with the probation service at court.  Therefore he gained information confirming that his client was progressing well on his suspended sentence order.  He had begun to resolve long term issues in his life.

Unjust to activate the suspended sentence

Owing to his detailed preparation, David was able to address the Magistrates at length about the reasons behind the recent offending.  He could provide significant personal mitigation.  David outlined the good progress that his Client was making under his current order.  Much emphasis could also be placed on the impact to others if our client was sent to prison.  This last factor was perhaps the most important in persuading the court it was unjust to activate the prison sentence.

After listening to this extensive mitigation the Magistrates agreed that the suspended sentence should not be activated. Instead they imposed a community order with a stand alone curfew for 12 weeks.

Following the breach of a suspended sentence the court extended the operational period by 6 months.

Our client was relieved not to face a prison sentence and because of that he was delighted with the outcome.

 Contact a Chesterfield Criminal Defence Lawyer

If you find yourself under investigation by the police or face court proceedings and wish to instruct David then please him telephone at our Chesterfield office on 01246 283000.

Alternatively you can contact him using the form below.

Contact

 

News

Driving ban avoided at Chesterfield Magistrates’ Court

driving ban chesterfield criminal lawyer kevin tomlinson
Chesterfield Motoring Solicitor Kevin Tomlinson

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where the Defendant was at real risk of a driving ban.

Kevin’s client was caught driving at 80 mph in an 50 mph speed limit. Kevin’s advocacy skills and ability to use modern technology, enabled the client to keep his driving licence, leaving court with a fine and penalty points.

This case, perhaps better than most, demonstrates the benefits of instructing a local motoring solicitor.  Kevin has worked as a criminal defence solicitor in Chesterfield for many years and knows the roads around Chesterfield, including into High Peak, very well.

Benefits of a local Chesterfield Motoring Lawyer

Kevin’s client told him that he had been caught speeding whilst driving on the Snake Pass between Chesterfield and Manchester.  Kevin was immediately able to recognise the seriousness of the situation.

Snake Pass winds its way through the High Peak with very limited opportunities to overtake other road users.  Drivers are regularly driving at less than the stated 50 mph.  The road is regularly used by farm vehicles and haulage companies. This leads to drivers becoming increasingly frustrated during their journeys.   There are often accidents which leads the police to monitor the road closely.

 

Kevin’s client was running late and took an opportunity to overtake another vehicle.  In doing so he accelerated to 80 mph and was caught by a Police mobile camera. The client did not dispute the reading and indicated to Kevin his desire to plead guilty at the very first opportunity in order to gain maximum credit and demonstrate his remorse.  In retrospect he appreciated the potential danger he created with this manouever.

Our client required his vehicle for work.  Kevin had to make his client aware that due to the level of speed the Court would consider imposing a driving ban of up to 56 days.

Use of Click Share Technology to Present Mitigation

driving ban avoided chesterfield motoring solicitor
Chesterfield Magistrates Court

As a Chesterfield motoring solicitor, Kevin knew that the local Magistrates would also know the road in question.  They would be concerned by the driving.  The road is extremely long, however, and where the offence took place was potentially important to the sentencing decision.

As a result Kevin located the area of the incident on his laptop.  He was show this to the sentencing Magistrates via the Click Share system.  He demonstrated that whilst the speed was excessive, it was along one of the straighter parts of the road rather than during the more twisty stretches of the road.

Penalty Points and no driving ban

As a result of his knowledge, Kevin was able to present his client’s case in an extremely effective way.  This, in combination with his expert presentation of personal mitigation, led to the Magistrates’ taking a lenient approach.  Kevin’s client received a fine and penalty points but no driving ban.  This meant that he was able to keep his employment and was understandably delighted with the outcome.

Contact a Chesterfield Motoring Solicitor

If you require the advice and representation of an expert motoring solicitor then please contact Kevin at our Chesterfield office on 01246 283000 or email him here.  Details of our Chesterfield Office can be found here.

Kevin can provide you with detailed and affordable advice as to whether you are able to challenge the prosecution evidence relating to your road traffic offence, or how you are likely to be sentenced following a guilty plea.

News

Chesterfield Solicitor Secures Client a Further Chance

chesterfield criminal defence solicitor kevin tomlinson
Chesterfield Crime Solicitor Kevin Tomlinson

Chesterfield criminal defence solicitor Kevin Tomlinson used all of his considerable experience and persuasive powers in a recent case. before Chesterfield Magistrates’ Court.

His client was now before the court for a new offence.  The allegation was one of drink driving.  She was subject to a suspended sentence imposed only six weeks earlier.  She faced obvious difficulties in keeping her liberty.

The Allegation

The charge was excess alcohol.  Her reading was 61 micrograms of alcohol in 100 millimetres of breath.  The legal limit is 35 micrograms.

Kevin’s client attracted attention to herself because of her car was stuck in mud on a steep grassy bank.  This was at the rear of a pub.  The engine was switched on and was revving.  The wheels were spinning. It appeared to the Officers that the car had been driven from the Pub carpark onto the grass bank and had then got stuck.

Without the suspended sentence being in place, it was likely that bearing in mind the low reading the penalty would be a fine and disqualification.  The recent imposition of the suspended sentenec meant that the court would immediately think of activating the sentence.  There would be a separate penalty for the new offence.

Kevin took full instructions from the client to put before the Court.  His intention was to convince the Magistrates’ that it would be unjust to send his client to prison in all of the circumstances.  His client had never been to prison so it was important that she instructed an experienced advocate who knew the type on information he needed to seek to ensure a favourable outcome.

After spending this time, Kevin then spoke with a representative of the probation service.  They told him that his client was progressing well on her suspended sentence order. This enabled Kevin to argue that she ought to receive a further opportunity to work with the probation service.

 The Sentence

chesterfield crime solicitor
Chesterfield Magistrates’ Court

As he had spent the time necessary to seek full instructions and information from third parties, Kevin was able to address the Magistrates at length about the reasons behind the recent offending.  He could share personal mitigation and the good progress that his Client was making with Probation. In conclusion he said it would be unjust to send her to prison and invited the Court to impose a sentence that enabled her to keep her freedom.

After listening to the mitigation the Magistrates agreed with Kevin and agreed it would be unjust. The Court chose to impose a simple financial penalty and disqualify the Defendant from driving for 18 months. However, as a direct result of Kevin’s mitigation, the Court also offered Kevin’s client the opportunity to undertake an additional driving awareness course to reduce her ban by 25%.

To mark the breach of Suspended Sentence order the Magistrates were prepared to extend the operational period of the order by 6 months.

Client Feedback

Kevin’s client was delighted with the outcome and relieved to not face a custodial sentence.  She took the time to complete our client care questionnaire and told us ‘Mr Kevin Tomlinson was great’.  She was very satisfied with the service that she had received and would be certain to recommend him to others in a similar position.

 Funding

Our client had the benefit of legal aid.  This means that she was able to instruct Kevin as her criminal defence solicitor for free.

Contact Kevin Tomlinson – Criminal Defence Solicitor

If you face police investigation or court proceedings then you will need an experienced solicitor on your side.  Kevin can be contacted on 01246 283000 or by email here.

News

Chesterfield Criminal Defence Solicitor Secures Suspended Sentence

chesterfield criminal defence solicitor
Chesterfield Crime Solicitor Serena Simpson

Chesterfield criminal defence solicitor Serena Simpson recently defended a client before Chesterfield Magistrates Court.  The charges were allegations of domestic violence directed to a former partner.

The offences included an allegation of assault occasioning actual bodily harm (ABH) where she had stabbed the victim to the arm and chest with a knife. In addition it was alleged that Serena’s client had followed the male and further assaulted him by punching him to the face.

Serena first met her client when she had been refused bail by the police.  She was detained in the cells to be put before the court for a remand to prison custody.

On meeting the client, Serena immediately realised that she was a vulnerable adult herself.  She provided a history of domestic violence directed against her by the complainant in this case.

Offence on Bail

Serena’s client admitted that due to this prolonged abuse she had picked up a knife and stabbed her violent partner.  She had then turned herself in to the police.  She accepted that while on police bail she had seen the victim.  Although he had followed her, she had slapped him to the face.  There was a further minor public order offence that was denied.

The Prosecution suggested an alternative version in respect of the second allegation.  It was claimed that Serena’s client had followed the victim and punched him rather than slapped him.

Newton Hearing Listed

chesterfield criminal defence solicitor
Chesterfield Magistrates’ Court

Serena’s client pleaded guilty to both assaults.  As she disputed the extent of the allegations she put forward her account in a written ‘basis of plea’.  Her account was not accepted by the prosecution.  As the Court felt it would make a real difference to sentence the case was listed for a hearing to decide whether our client’s version of events was correct. This is a trial of issue or a ‘Newton Hearing’.

Serena successfully argued for bail for her client.  She then undertook the preparation for the contested hearing.  It became clear as the hearing the ex-partner did not want to attend court and give evidence.

Serena was keen to bring the case to an end as soon as possible as from meeting with her client it was clear that the ordeal of court proceedings was having an adverse effect on her.

Active Case Management

The case was listed for a case progression hearing at Serena’s request to ascertain whether the hearing was going to be effective in due course.  The prosecution was unable to make a decision until a week before the trial when it confirmed that a hearing was no longer sought and Serena’s client could be sentenced on her version of events.  Further, the public order allegation was dropped.

The case was not yet over, however.  Serena had to prepare for a difficult sentencing hearing as whatever the background her client had still admitted stabbing her ex-partner.

Starting Point of 18 Months?

Sentencing guidelines govern an allegation of ABH.  The prosecution argued that this case fell into the most serious band, and the starting point for any sentence ought to be 18 months imprisonment within a range of 1 to 3 years. Her case was likely to be committed to the Crown Court for sentence even with discount for plea.

Suspended Sentence

Serena provided mitigation to the court outlining the history of the relationship, including the violence directed at her client, and other elements of personal mitigation.  Serena persuaded the District Judge that the case did not fall into the top level of seriousness.  As a result, Serena’s client was able to receive a sentence of 16 weeks suspended for 2 years with a rehabilitation element.

The Judge made it clear that Serena’s mitigation had persuaded him to take this unusual course of action in a case involving knife crime.

Serena’s client was understandably delighted.

Legal Aid Funding

Our client had the benefit of legal aid.  This allowed her to instruct Chesterfield criminal defence solicitor Serena Simpson.  This advice and representation was free of charge to her.  Further information about funding can be found here.

Contact a Chesterfield Criminal Defence Solicitor

If you are investigated by the police or are at court you may wish to instruct Chesterfield criminal defence solicitors VHS Fletchers. Please telephone us at our Chesterfield office 01246 283000 or use the contact form below.

Contact

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Criminal Solicitors, Client Care and Travel

We have 6 offices across the Midlands, staffed with criminal solicitors who are specialists in the field of criminal defence.

Whilst it will come as no surprise that these locations are situated close to local Police Stations and Courts, we will happily travel much further to represent clients accused of criminal acts as the below case shows.

crime solicitor chesterfield
Chesterfield Police Station Representative Rob Lowe

Recently, a client was arrested in the Chesterfield area, close towhere he lives.  He was taken to Chesterfield Police Station, facing an allegation of a serious assault.  He received advice and representation from Rob Lowe, an accredited police station representative based at our Chesterfield office.

The incident was alleged to have occurred in Skegness.   Our client was interviewed in Chesterfield before being released on police bail to return to the police station on a future occasion.

Chesterfield to Skegness

Unfortunately, although the investigation had begun in Chesterfield, Rob’s client was told that he would have to make his next appearance at Skegness police station.  This was a five hour round trip from his home.

chesterfield crime solicitors
Skegness Police Station

Our experience as criminal solicitors tells us that unfortunately the police are often not ready to proceed with cases when suspects are due to return on bail.  Knowing this, Rob tried to find out whether there was to be a re-interview or charge when his client returned to the police station, or whether a new date was to be fixed, or whether bail was to be cancelled.

Rob’s first priority was to prevent his client having a wasted journey.  Secondly he would be able to keep him up to date as to the progress of the investigation.

The officer was spoken to in advance.  He confirmed that Rob’s client was not required to attend and would provide a new date in due course.  When the next date was approaching, the same question had to be asked again – did our client need to attend?

This process was repeated on several occasions before Rob was informed that his client was to be re-interviewed and would need to go to Skegness. Although many firms would choose to use an agent to provide representation for a case so far away, Rob travelled with his client to Skegness.  This gave the client the advantage of an adviser who knew the case from the beginning.

Five Minute Police Interview

The interview could have been dealt with by the police in a more convenient way.  In the event it lasted less that five minutes.  The Client, however, was very grateful that not only had Rob told him that he must attend, but also that a member of VHS Fletchers Solicitors had travelled so far to continue to help him.

Our continued interest in his case was highlighted further as the solicitor for the co-accused in the case didn’t attend and hadn’t made arrangements for his client’s representation.

Contact one of our Criminal Solicitors

criminal solicitors nottingham derby chesterfield newark mansfield ilkeston
Our Offices

We recognise that your case will be extremely important to you. That is why, as criminal solicitors, we aim to provide our clients with continuity of representation. even where that involves travel as in this case.  We will also take steps to minimise the inconvenience and anxiety cause by police investigations.

If you require the assistance of a firm of criminal solicitors who will go that extra mile (or in this case 160 miles) please contact your nearest office.

If it is Rob Lowe you are after then please telephone 01246 283000 or email him here.

News

Local Criminal Legal Aid Advice

VHS Fletchers Nottingham

We hold criminal legal aid contracts that allow us to continue representing our existing and new clients under the legal aid scheme from our offices in Nottingham, Derby, Chesterfield, Mansfield and Newark.

Our Newark Office

Our office in Newark demonstrates our commitment to providing advice and representation to local communities who in other ways have been let down by the justice system.

criminal legal aid Newark
VHS Fletchers Newark
derby criminal legal aid
VHS Fletchers Derby office

Newark no longer has a police station where suspects can be interviewed and the Magistrates’ Court closed several years ago.  Those appearing in court now have to travel over 20 miles to Nottingham Magistrates’ Court, while those arrested are taken to Mansfield police station, a similar distance.

Local Offices Serving Local Communities

VHS Fletchers has made the decision that we will be able to provide criminal advice and representation in the police station, Magistrates’ and Crown Courts while being based in the heart of the communities that we serve.

We will hopefully contribute to reducing the stress and anxiety that investigations and proceedings can bring by making it easy and affordable for our clients to visit their legal representatives in a local office.

This approach should also allow for our clients to receive continuity in terms of the advisers and solicitors they meet, which we know clients value.

Details of the lawyers that you will meet at each office can be found here.

chesterfield criminal legal aid
VHS Fletchers Chesterfield office

Contact Us to Discuss Criminal Legal Aid

If you face police investigation then advice and assistance at the police station will always be free under criminal legal aid.  Magistrates’ criminal legal aid is both means and merits tested, and means tested for the Crown Court.

You can read more about the different legal aid schemes here.

We can give you further advice at your local office.

Details of our offices can be found here.

east midlands criminal legal aid

Alternatively you can use the contact form below.

Contact

News

Police BodyCam Footage Key in Trial

police bodycam
Chesterfield partner and crime solicitor David Gittins

Chesterfield Crime solicitor David Gittins recently defended a client before Chesterfield Magistrates’ Court charged with an allegation of domestic assault.  Police Bodycam footage was of key importance.

David’s client was found not guilty following a full hearing of the evidence at trial.

David first met his in Chesterfield Court cells. He had been refused bail by the Police.  David made a successful bail application.  As we offer continuity of representation, David then continued to deal with the case on behalf of his client.

Client of Good Character

This involved several meetings with him at our Chesterfield office to prepare the case. David’s client had never been in trouble with the police or court before.   The potential effects of a conviction for this offence could be far reaching.

The Allegation

It was said that David’s client and partner had argued following a family meal. His partner demanded that he spend the night on the sofa.  It was said that in response to that he grabbed his partner by the throat and hit her, causing scratches to her neck and a cut to her lip.

A neighbour gave evidence that she had heard the incident through the wall and had spoken to the complainant before calling the police.

Self-Defence Argument

Our client provided a different version of events.  He said that he had been grabbed by his partner and hit to the face.  He had pushed her away and taken hold of her to prevent further attack.  He maintained that his actions were reasonable.  He acted in self-defence.

David’s client entered a not guilty plea and the case was listed for trial.   David asked the prosecution to serve additional evidence before the trial including body warn camera (BodyCam) footage from the police/  This turned out to be crucial to the defence.

Crucial Police BodyCam Footage

On behalf of his client, David had the complainant confirm parts of her evidence again.  Importantly she stated that as she didn’t strike her partner, he had no injuries.

police bodycam footage trial david gittins
Chesterfield Magistrates’ Court

David was then able to show the complainant and the Court the BodyCam footage from the police who attended the incident. Recorded comments and injuries meant that the complainant had to change her account.  Further inconsistencies in her account were then brought out by questioning.

Although the neighbour gave the same account that she had originally given to the police, David was easily able to establish that she could not give evidence as to what had actually happened on the other side of the wall.

Finally, David made sure that the prosecution read into evidence the agreed statement from a police officer confirming that his client has a fresh injury to his eye when first seen by the police.

David’s client then gave evidence on his own behalf.

Closing Speech

David was able to rely on the burden and standard of proof when speaking on behalf of his client.  The BodyCam footage and his client’s injuries undermined the account of the complainant.  In order to find his client guilty the Magistrates had to be sure that he used unlawful force.

The Magistrates returned their verdict after a short while. They could not be sure that the complainant’s account was true and as a result found David’s client not guilty.  He kept his good name.

Contact Us

Defendants in domestic violence cases might feel that it is difficult to put their case across.  This is why there will be a benefit in instructing a diligent and focused specialist criminal solicitor who will review all of the evidence in detail.

In this case, an analysis of what the complainant had said as recorded on the police Bodycam allowed David to demonstrate that the complainant might not be telling the truth.

If you wish David to represent you at either the police station or Magistrates’ Court please telephone 01246 28300 or email him here.

News

Flawed Facebook Identification

Chesterfield crime solicitor David Gittins recently defended a juvenile before Chesterfield Youth Court.  His client was charged with the serious offence of robbery based on a Facebook identification.

Notwithstanding a positive identification of his client by the victim, David’s meticulous flawed facebook identificationpreparation of the case led to successful representations to the prosecution.  These resulted in the Crown discontinued the case several weeks before the trial was due to start.

Continuity of Representation

David’s client had the advantage of having continuity of representation.  David provided advice and assistance to the client at Chesterfield Police station.  He then continued with this representation at court.

In brief the complainant told police that the client and another male had got out of a car, pushed and kicked him to the floor, and stole a packet of cigarettes. The complainant provided a description of those involved to the police.  He then  searched Facebook to see if he could recognise those involved. During this process he thought he recognised David’s client as one of the males involved.

Full Alibi Provided to Police

David attended the Police station and advised the client who denied the offence.  He stated that he was not there.  He went on to   provide a full alibi. This account was provided to the Police in the form of a written statement including the names of several witnesses who could support chesterfield police stationthe client’s account. One of the witnesses was a social worker.  This was an attempt to ensure that the police conducted a proper investigation.

To David’s surprise, Instead of speaking to these witnesses the police focused time and money on conducting a Video Identification Procedure (VIPER).  Perhaps unsurprisingly, his client was identified again by the same witness as having been involved in the offence.

As a result, he was charged with the offence of robbery on the basis of the Facebook Identification without the other witnesses being spoken to by the police.  This was despite David’s representations to the contrary.

Early Preparation

David kept conduct of the matter when the case reached Chesterfield Youth Court.  He immediately set about to obtain the evidence to support the client’s alibi and undermine the identification evidence. David took statements from defence witnesses including social workers and family members, as well as contacting other agencies to prove where the his client was at specific times.

David also correctly identified that there were obvious differences between the description of the robber given by the complainant and David’s client.

Having gathered this alibi evidence and considered the quality of the prosecution evidence, David drafted a list of admissions for the  trial. His intention was that the prosecution agree these prior to trial.

These included maps, distances between specific locations and photographs of the Identification procedures. These were agreed by the prosecution.

Weakness in the Facebook Identification

Once they had been agreed, David wrote a detailed letter to the Prosecution outlining all of the difficulties they had with their case , particularly in the light of the agreed admissions and the alibi witnesses.  Upon further consideration of the case following those representations the Prosecution accepted David’s facebook-thumbpoints, including the weaknesses in the Facebook identification.  The cases was discontinued without the need for a trial.

This case demonstrates how a diligent and focused criminal law specialist can make a real difference to the direction of a case.  Early preparation put pressure on the prosecution to review the case in our client’s favour.  Although we must have been confident of winning the case at trial, David’s approach removed all risk from any court hearing.

Contact David Gittins

Should you wish to contact Chesterfield crime solicitor David Gittins to discuss a new or ongoing case please telephone him at our Chesterfield office 01246 283000 or email him here.

News

Mobile Phone Trial Success

Chesterfield crime solicitor David Gittins travelled to Rotherham Magistrates’ Court to represent a local client facing an allegation of using their mobile phone whilst driving.

This offence has recently been in the media as the proposal is the raise the number of penalty points on conviction to six.  Such a conviction would particularly effect new drivers, who would face revocation of their licence upon conviction.

The Allegation
mobile phone offence Rotherham Magistrates
Rotherham Magistrates’ Court

The allegation in this case was that David’s client had been seen by a police officer driving a work van whilst using his mobile phone.  Specifically he was seen holding it to his ear. Our client was stopped at the roadside and denied the offence.  He offered his phone to the Police to check.  They refused to do so.

The driver received a summons. This ordered him to appear before Rotherham Magistrates Court.

David’s client represented himself to start with.  He pleaded ‘not guilty’.  He told the court that he had not been using his phone. The court advised him to get evidence of this.

Anyone who has tried to obtain all outgoing and incoming call records will know that most major network providers will refuse to release them without a witness summons.   This is issued by the court.  Our client was unaware of this and when facing difficulties securing the necessary evidence he contacted David.

mobile phone offence

David immediately contacted the phone provider and obtained the relevant information for all outgoing calls.  For incoming calls and all data usage, David successfully made an application to the Court for a Witness Summons.   This secured the release of the information.

The Evidence

David then served this evidence on the Prosecution.  It supported what his client had said.  The phone was not in use at the time.  He asked that the prosecution review the case.

Unfortunately for the client and the court, the prosecution maintained it did not have time to properly review the case before trial.  Instead,  it suggested the case be adjourned. The case had been before the court for some months.  David’s client was understandably anxious.  David objected to the prosecution application.

As a result all parties attended Court.  David repeated his representations to the prosecution.  After a short wait, and no doubt interesting conversations between the CPS lawyer and police witness, the prosecution offered no evidence.  The client had the benefit of a ‘not guilty’ verdict.

This case shows the benefits of instructing an experienced Solicitor.  David was able to make an early decision about what to do to obtain the mobile phone records.  All preparation was directed to show that his client was not guilty of the offence.

Although common sense would say that some things, like your own mobile phone records, should be simple to obtain, this often is not the case.  Unfortunately, court procedure may mean that you  seem require the need of expert legal knowledge.

Funding

Legal aid is often not available in such cases.  Here, David was instructed privately.  An affordable fixed fee was agreed to conduct the trial.  Information about funding can be found here.

As our client won his case, David was able to apply for costs from central funds which will mean that the client will have his costs refunded.

Contact Us

Should you wish to contact Chesterfield crime solicitor David Gittins to discuss an offence involving a mobile phone, please telephone him at our Chesterfield office on 01246 283000 or email him here.

If you wish to speak to one of our other lawyers at your local office then please contact us or email us here.