Tag Archives: chesterfield

News

CPS Evidence Investigated

Crown Prosecution Service – CPS – allegations involving charges where, upon conviction, a client is expected to receive a prison sentence of more than six months are regularly allocated to the Crown Court to be dealt with.  Bearing in mind the pressures on the court system this can lead to a long delay between charge and trial, on top of any delay between arrest and first appearance at the Magistrates’ Court.

We recognise that these delays can be a worry to all of our clients, but we try to mitigate this by showing that we are using this time to effectively prepare the defence case.  Our firm has a team of specialist Crown Court Litigators who deal with these serious cases.

Early preparation will always involve taking a client’s full instructions on the evidence.  It may involve taking statements from additional witnesses, seeking character evidence or pursuing expert reports.

A recent case shows how it may be unwise to take prosecution expert evidence at face value, particularly when it is in the form of medical ‘evidence’ in an abbreviated prosecution file.

Ruth Campbell,  a senior Crown Court litigator based in our Chesterfield Office, represented a client accused of assaulting his partner.   The allegation was one of s20 Offences Against the Person Act 1864, or grievous boldily harm.

The alleged victim claimed that she had suffered a broken arm as a result of an unlawful assault.  Ruth’s client maintained that he had only ever acted in self-defence.  Instead he maintained that he himself had been the victim of an attack by his partner.  He claimed that she had lunged at him with a knife and he had twisted her arm to protect himself.  He did not believe that  his actions could have caused her to suffer a broken arm.

As a result, and at an early stage, it was suggested to the prosecution that the injury was not consistent with the description of the incident as set out by the complainant.  This contention was set out in the client’s defence statement leading the Judge, when our client entered a not guilty plea, to request that the CPS serve additional medical evidence to clarify the position.

When these enquiries were concluded the additional evidence obtained demonstrated that the injury could not have been caused as alleged and showed that the complainant was not telling the truth.  As this was evidence obtained by the CPS, it was accepted that the prosecution had no option but to drop the charge and a formal not guilty verdict was entered.

Experience meant that Ruth was able to listen to the client’s instructions, consider the evidence and know that the injury did not appear to support the facts as set out by the complainant.  A potentially serious injury is not decisive evidence of a client’s guilt.

At VHS Fletchers your case will be dealt with by an appropriately qualified lawyer who will respect your instructions and prepare your case accordingly.

This client had the additional benefit of receiving legal aid which means that ultimately his case was free of charge to him.  We will always investigate the most cost effective way for you to fight your case.

If you have any criminal matter which you wish to discuss with one of our team please contact your nearest office.  If you wish to contact Ruth directly then telephone her on 01246 283000 or email her.

VHS Fletchers Chesterfield

News

Confiscation Proceedings (POCA)

The Proceeds of Crime Act 2003 (POCA) was introduced to ensure that convicted criminals were unable to have the benefit of their criminal activity after the conclusion of their cases through confiscation proceedings.

At the conclusion of certain types of proceedings, particularly drug trafficking offences and significant dishonesty offences, the prosecution are able to seek to recover what it alleges is the benefit from the criminal conduct.

Dependant upon the offence, the Crown are able to seek an explanation from the convicted person for all income, expenditure and assets acquired during a 6 year period prior to the commission of the offence.  Absent a reasonable explanation the court is able to treat such items as the fruits of criminal conduct.  The situation can be made even more complicated where the Crown allege that a person has hidden assets or has made inappropriate gifts to others.

Once a figure for this ‘benefit’ has been decided upon the court will then decide whether a person has sufficient assets to use to discharge this benefit figure.  This can involve the sale of property, cars or other assets by a person who may be serving a lengthy prison sentence.

A period of imprisonment is fixed if the money is not paid.  If the assets are not realised and the debt paid within 3 months then there is a risk that the period in default will be activated and the debt remain thereafter.

Understandably these are significant worries for our clients who face confiscation proceedings under POCA.  We take great care in assisting our clients to make sure they comply with all of their obligations under this extremely complicated and potentially draconian legislation  in an attempt to limit their liability and give them an opportunity to discharge any debt and rebuild their circumstances post-conviction.

Serena Simpson, from our Chesterfield office, has recently assisted as litigator in the case of a first time offender who pleaded guilty to supplying drugs.  The supply was only to a close circle of friends in order to subsidise his own drug use.

The Prosecution decided to proceed under the  Proceeds of Crime Act despite the fact he lived a lifestyle far removed from any drug dealing stereotype.

Serena set out with the client to undertake the potentially mammoth task of demonstrating how 6 years of income, assets and expenditure had been legally funded.

The client was helped to:

  • Demonstrate  lawful income he received as an employee
  • Confirming what bank accounts he had and explain the payments in and out
  • Catalogue assets that would be relevant to the proceedings

Serena drafted a Statement of Assets and Means  which was served on the Crown Prosecution Service.  The through preparation on behalf of the client led the Crown to decide that it was not worth pursuing the client under confiscation and the proceedings were discontinued.

Not only did the client have nothing to pay under confiscation proceedings, he also had the benefit of legal aid which means that our advice and representation was free of charge to him.

If you need advice in relation to confiscation of other proceedings please contact your nearest office or email us.

Derby Crown Court

 

News

Police Interview Representation

A police interview as a suspect in a criminal investigation will be a daunting experience, even when you know that you are not guilty of the allegation being put.

Most people may not know what their rights are in this situation. o you have to speak to the police and answer questions? What happens if you don’t? What information do the police have to disclose before interview? What will happen if I don’t answer questions?

The image of what amounts to a formal police interview is now being blurred as police forces across the country are being encouraged to interview suspects by consent outside the police station.  This can often be in a person’s own home.  Although the aim is to make the process less time consuming for the police, voluntarily interviews  in these circumstance have the potential effect of making those interviewed take the process less seriously, and the safeguards that are present in the custody suite on arrest are removed.

At a police station a person being interviewed voluntarily or under arrest may well think the instruction of a solicitor wise.  The importance of legal advice if interviewed in your own home will be just as important.

What is said, or not said, in police interview will direct the course of the investigation and will have a significant effect on any Crown Prosecution Service review of the evidence.  The final importance of any decision made to answer police questions may not be fully appreciated by a suspect until a matter proceeds to court and trial.

The importance of legal advice is illustrated by a recent case.  The client was advised dealt by our experienced accredited police station representative Rob Lowe who is based at our Chesterfield Office.

Rob attended Chesterfield Police Station to deal with a client who had been arrested for allegedly breaching a court restraining order. This type of offence can be taken very seriously by the court, with a maximum sentence of 5 years imprisonment for a single offence.

As the client was represented at interview, Rob was able to speak to the interviewing officer to obtain the details of the allegation.  Such disclosure is not often given to an unrepresented suspect.  Brief detail revealed that Rob’s client was said to have sent text messages to the victim and attended an address where he was not allowed to be in breach of the court order.

Rob was not satisfied with that limited information  and was able to press the officer further about the evidence. The officer conceded that neither the alleged victim or the occupant of the address had confirmed in a statement that any offences had been committed.  No mobile phone records existed to support the allegations either.

Rob then had the chance to speak to our client and take his instructions before advising him about his obligations in the police station and the strength of the evidence against him. In this case there was no admissible evidence that could be placed before a Court.

Rob was able to advise the client that in the absence of admissible evidence there would be no case for him to answer.  As a result, the client was able, with confidence, to refuse to answer police questions.  The advice was proved to be correct when the police chose to take no further action in relation to the allegation.

There are several advantages to seeking legal advice wherever the police interview:

  • you have the benefit of an independent solicitor representing only your best interests
  • this advice and representation will be free of charge under the legal aid scheme with our firm
  • you are far more likely to receive disclosure of the evidence against you
  • you have an opportunity to see an expert opinion of that evidence
  • you have the benefit of ordering your thoughts and responses to police questions prior to interview if you have chosen to answer
  • alternatively, you can be confident in any refusal to answer the questions following full advice

This firm operates an emergency call out scheme 24 hours a day, 365 days of the year to provide representation in police interview.

  • If the police contact you to speak to them please call us immediately.
  •  If they arrive at your address and want to speak to you there and then insist on our attendance.
  • If you find yourself in the police station awaiting interview make sure you ask for us.

Our representation in all of those circumstances will be free of charge to you.

Contact us immediately.

chesterfield police station

News

Client Feedback for Chesterfield

We are beginning the process of analysing the client feedback questionnaires that we have received over the last 6 months and will have the full analysis soon.  The comments will soon appear on a testimonials page, but we have taken the view that testimonials should be current and regularly updated.

Client satisfaction is important to us, and of course key to securing of repeat business or referrals onwards to family, friends or associates.

As a result, at the beginning of the process, it is gratifying to note some of the Feedback for the Chesterfield office.  Kevin Tomlinson is described by one client as doing ‘the best for me as I’m sure you do others’.  He describes contact being very easy to make, and previous dealing meant that the client and his family ‘knew we would get good service’.  He offered a ‘big thank you’ for Kevin’s support and honesty.

A second client commented that Kevin provided a ‘courteous, professional service, [feeling] fully represented in a fair and honest way to obtain the best outcome’.  This client has chosen Kevin as advocate on the basis of a favourable review from a neighbour.

Rob Lowe represents clients in the police station.  A client who had chosen to use our firm following an internet search had this to say about Rob – ‘Your help was very good and informative…I have only good comments to make about your service’.

A client who met Rob when he asked for the Duty Solicitor gave the following client feedback:  ‘Rob Lowe was excellent in advising me on everything’ and would be certain to recommend him to others.

David Gittins has only been working in Chesterfield for 15 months and as a result wouldn’t be known to clients who had previously dealt with the criminal department of Banner Jones solicitors who previously undertook criminal work from this office.  As a result, it is pleasing to here that a client of Banner Jones made the following comment about David – ‘Your service to me was excellent and the outcome was better than expected.  Thank you.’

Another client who used David through ‘word of mouth’ described ‘a very good service with no hassle’.

A Crown Court client made full use of the questionnaire to praise Ruth Campbell for the work that she and his in-house barrister Steve Gosnell  undertook on his behalf.  He describes the service as ‘excellent in all areas’ and described how he felt he was treated fairly and that the barrister ‘…was always direct and very professional’.  He was pleased that he had the benefit of legal aid that was free to him, and he extended thanks to everyone involved.

Prospective clients will soon be able to read more client feedback once we have updated the website, in order to be assured of the high level of quality advice and representation that this firm provides across all five offices and nationwide.
VHS Fletchers Chesterfield office