Tag Archives: court

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The right to bail – what does it mean?

Do I have a right to bail?

This article refers to the position relating to the right to bail for adults.  The situation in relation to youths is different.

As an adult, the starting point is that you have a “right” to be granted bail. This right can only be taken away in certain circumstances. These circumstances are where the court has substantial grounds to believe that if you were granted bail you would:

  • Fail to surrender;
  • Commit further offences on bail; or
  • Interfere with witnesses

In some rare instances bail can be denied for a defendant’s own protection or welfare.

right to bail

What if I am already on bail?

 If you are charged with an offence alleged to have been committed whilst on bail, then you do not have this automatic right to bail.

In that case you do not have to be granted bail, but you can still be if you persuade the court that you will not fail to surrender, commit further offences or interfere with witnesses.

If you appear in court following a failure to surrender at an earlier hearing you also lose the automatic right to bail.

Does it matter if I am a drug user?

 If you have tested positive for class A drugs and refuse to co-operate with treatment you may not be granted bail unless the court is satisfied that there is no significant risk of an offence being committed whilst on bail.

Will I have conditions on my bail?

The court can grant bail unconditionally or they can impose bail conditions if they are satisfied that those conditions are necessary to address any risk that you would fail to surrender, commit further offences or interfere with witnesses.  Any conditions imposed have to be both necessary and proportionate.

Examples of bail conditions that are often imposed are:

  • curfew
  • residence
  • not to contact named witnesses
  • not to go to a specific area
  • reporting to the police station

You or a person on your behalf could also agree to pay money into the court which would be forfeited if you subsequently failed to attend court.

What if the offence isn’t serious?

right to bail You should be granted bail if there is no real likelihood of a prison sentence if you plead guilty or are convicted. As always there are exceptions to the rule. You may still find yourself in custody if the court is satisfied there are substantial grounds for believing that you would:

Commit an offence while on bail by engaging in conduct that would, or would be likely to cause-

  • physical or mental injury to an associated person; or
  • an associated person to fear physical or mental injury.

Commit further offences if the offence was committed whilst on bail;

Fail to surrender, if you have previous convictions for this;

If you have been arrested for breach of bail for this offence and there is a fear of failure to surrender, further offences or interference with witnesses.

Non-imprisonable offences and bail

If you are charged with a non-imprisonable offence you can only be denied bail if you have previously failed to surrender and there is a belief you would do so again or following a breach of bail.

Are there any other reasons I could be kept in custody?

right to bailYou can also be kept in custody for your own protection or if you are already a serving prisoner.  Also, if there is insufficient information to decide about bail you can be kept in custody for the purposes of obtaining that information.

The magistrates do not have the power to grant bail for anyone charged with murder or treason.  For an offence of manslaughter, rape or a serious sexual offence where there is a previous conviction for one of these offences you can only be granted bail if there are exceptional reasons to justify it.

Contact a criminal law specialist to discuss bail

This article is intended to be an overview of the law and does not cover all potential issues that can arise.  Neither does it discuss the best way to present an application for bail, nor the information that may need to be gathered to ensure your best bail application is made to the court.

To be able to put forward the strongest argument for bail you should be represented by an experienced solicitor.  We will be pleased to accept your instructions.  The contact details for your nearest office can be found here.

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VHS Fletchers East Midlands offices

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What is a racially aggravated offence?

In recent years legislation has been enacted to ensure that crimes demonstrating a hostility towards certain groups of people are treated more seriously than before.  If an offence is said to be racially aggravated, then you should expect a more significant sentence if convicted.

What does it mean for an offence to be racially aggravated?

An offence is racially aggravated if, at the time of the offence, you demonstrate toward the victim hostility based on his membership of a racial group or the offence is motivated by that hostility.

So, shouting racist abuse or making racist comments will make an offence racially aggravated.  An offence will also be deemed racially aggravated where no comments are made but the offence is committed against someone because of their race.

Offences as a result of hostility toward a religious group, rather than due to race, are treated in the same way.

The fact that the victim may be indifferent to any abuse is irrelevant to whether the offence is racially aggravated.

It is also irrelevant if the reason for the offence was unrelated to race. For example, abusing a doorman because he wouldn’t let your friend into a club in combination with racist language will be sufficient.

How does it affect sentencing?

Each offence in law has a maximum sentence attached to it.  For offences that are racially aggravated that maximum sentence is increased. For example, common assault carries six months imprisonment but the racially aggravated offence increases the maximum sentence to 2 years.  For assault occasioning actual bodily harm the maximum sentence increases from 5 to 7 years.

The starting point is to consider the sentence that would have been imposed for the offence if it was not racially aggravated after consideration of all the other aggravating or mitigating factors in the case.

The sentence will then be increased to take account of the racial aggravation.

The extent of the increase in sentence will depend on the level of aggravation. The court will consider whether the offence was:

  • planned
  • part of a pattern of offending
  • deliberately set up to be humiliating to the victim
  • committed in the victim’s home
  • repeated or prolonged

Account will also be taken of any distress caused to other persons or the wider community and whether the offender was a member of a group that promotes hostility.

Does it have to be charged as being racially aggravated?

 Even if the offence isn’t specifically charged as being racially aggravated the circumstances can be treated as an aggravating feature in sentencing (O’Leary [2015] EWCA Crim 1306).

How can a criminal law specialist help?

As you can see such offending is treated seriously by the courts so it will be important that you seek early advice from a criminal law solicitor.

As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

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

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VHS Fletchers offices across the East Midlands

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What to expect as a witness in court

If you have provided a statement for the prosecution or for the defence you may be called as a witness in court to give evidence at the defendant’s trial.

Is there help available for me as a witness in court?

defence witness in courtThe Witness Service can provide assistance for any witness who has to attend court. This support can be both practical and emotional. They can provide information about the court process, show you the courtroom prior to the trial and assist with any expenses claim.

If you are a prosecution witness the Crown Prosecution Service witness support unit will be in touch with you and will provide contact details for witness support. If you are a defence witness the solicitor representing the defendant can provide you with support and also provide the contact details for the local witness service.

What happens at court?

 When you attend as a witness in court, you can sit in a separate witness room rather than the general waiting area if you wish. You will be spoken to by the prosecution or defence lawyer, as appropriate, before the trial starts.

Will I be told what to say?

 Whilst the lawyer will be able to provide you with information on trial procedure, layout of the court and the roles of those involved they cannot “coach” you on the evidence you will give as a witness in court. There are very strict rules about training witnesses because this could have a potentially negative effect on your evidence.

Can I read my statement?

You will be provided with a copy of your statement prior to the trial so that you can read through it before you give evidence. You will not usually be allowed to have it with you when you give evidence though. If the rules of evidence allow, you may be able to refer to your statement during evidence in order to refresh your memory.

Can I speak to any other witnesses?

 If there are a number of witnesses, you will not be allowed to communicate with anyone who has given evidence while you are still waiting to do so.

If you are a defence witness, you should also not discuss anything about the trial with the defendant once the trial hearing has started.

The prosecution and defence lawyers are not allowed to discuss any evidence that has been given with you before you give your evidence.

What happens in court?

prosecution witness in courtYou will be called into court at the appropriate time and asked to swear on a holy book or affirm that you will tell the truth. You will then be asked questions by the prosecutor first if you are a prosecution witness and then by the defendant’s representative, or vice versa if you are a defence witness. If the defendant is not represented, you may be asked questions by a court appointed lawyer in his place if the court do not feel it is appropriate for him to ask you questions directly.

Once you have finished giving evidence you may be released from court or you can stay in the public gallery to watch the remainder of the trial.

I’m really worried, do I have to attend court?

 If you think that you would benefit from “special measures” such as screening from the defendant or giving evidence from remote video link you should contact the prosecution, defence solicitor or court as appropriate.

A witness summons can be issued if the court is aware you do not want to go to court.  This is something that you should speak to a solicitor about. If you fail to attend court in answer to a witness summons, then you may be arrested and brought to court.

Contact a criminal law specialist about being a witness in court

It may be that you have given a witness statement to the police and received a witness summons.  Alternatively it might be that you are thinking of doing so but worried about the potential consequences.

You might have provided our office with a statement in respect of one of our clients, or are considering doing so and want to discuss this further.

Contact your nearest office or the office preparing the defendant’s case to discuss any of the matters further.

VHS Fletchers East Midlands offices

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Clients benefit from our Newark advocate’s representation

Clients of Newark criminal advocate Nikki Carlisle recently enjoyed a successful week following her representation including representation of a defendant under a section 38 appointment.

section 38 appointment
Newark crime advocate Nikki Carlisle

Section 38 Appointment in domestic violence allegations

Nikki was appointed by the court to represent a defendant under section 38 Youth Justice and Criminal Evidence Act 1999.  This procedure protects vulnerable witnesses from questioning by those said to have perpetrated offences against them.

In this case the person represented by Nikki faced allegations of common assault, criminal damage and resisting arrest.

section 38 appointment
Nottingham Magistrates’ Court

The limitations of a section 38 appointment mean that Nikki was only appointed in relation to the allegations of common assault and criminal damage.  These were the matters that the vulnerable witness would be giving evidence about.

Although Nikki owed a duty to the defendant he was not her client in the usual understanding of that term.  As a result, Nikki’s involvement was limited.

  • she could only ask questions of the single witness in relation to the two charges
  • she was unable to question the officer about the remaining charge
  • she did not assist the defendant in giving his evidence in chief through questionin
  • the defendant did not have the benefit of her giving a closing address to the Magistrates.

Nikki was able to question the witness in some detail, exposing inconsistencies and parts of her account that simply didn’t make sense.  No doubt in great part due to this questioning under the section 38 appointment he was found not guilty of both of these allegations.

The defendant was convicted of the allegation of resisting his arrest.  It is impossible to speculate whether Nikki’s representation could have made a difference to that verdict as well.

section 38 appointmentThis defendant had been given the opportunity to come into the office to provide instruction so that an application for legal aid could have been submitted.  He did not keep that appointment.  As a result our involvement was limited.

Had he applied for and been granted Magistrates’ Court legal aid then Nikki’s representation would have been free of charge to him and she could have undertaken all of the work in court set out above, as well as any other preparation needed by the case.

Acquittal following trial for domestic violence allegations

Later in the week, Nikki then represented a client under the Magistrates’ Court legal aid scheme.  He faced two allegations of assault and one of theft, all within a domestic setting.

Again, Nikki’s questioning exposed important inconsistencies in the accounts that she had given to the police and the court.  The assaults that she described did not agree with the injuries that she said she had received.

section 38 appointmentThe witness also changed her account between making her first complaint and giving evidence in court and no satisfactory explanation was forthcoming.

The case was further complicated by comments that Nikki’s client made while giving evidence that the prosecution argued amounting to an attack on the character of the witness.  As a result an application was made to have previous convictions of our client taken into account when a decision was made as to his guilt.  Nikki successfully argued that this evidence should not be admitted.

Following Nikki’s closing speech to the court her client was found not guilty of all three allegations.

Shop theft allegations discontinued prior to trial

section 38 appointmentNikki was due to represent another client at trial under the legal aid scheme.  It involved two allegations of shop-lifting.  The issue in the case was whether there had been a lawful identification of her client as the person responsible for the offending.

She had raised in  writing the alleged breaches of the code of conduct relating to identification.  She repeated the requests for disclosure that would demonstrate that the identification was lawful or a concession that it was not.

In the event, she received a notice of discontinuance.  If would perhaps be fair to infer that the the identification procedure had not been conducted in accordance with the law.

Of course, without the benefit of Nikki’s advice and representation the prosecution might not have been put on notice that there were irregularities with the identification procedure.  The outcome for her client might have been very different.

Contact one of our criminal law specialists

If you are arrested or know that the police wish to speak to you about a criminal offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

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

Criminal damage
VHS Fletchers East Midlands offices
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Criminal damage – evidence, police interview and court proceedings

The crime of criminal damage is made out if a person intentionally or recklessly damages property. Most commonly it is damage to cars and windows, very often as an act of revenge.

The damage does not need to be permanent. There have been cases where graffiti, the use of water-soluble paints on a pavement and squashing a policeman’s helmet have all been held to be criminal damage, as has flooding a police cell.

If action, expense or inconvenience is involved in putting the matter right then damage will have been caused, as would be the case if you created ‘crop circles’ in a wheat field.

The court will consider all of the circumstances.  Whether something is damaged is a matter of fact or degree that may have to be decided by the court if the case goes to trial.

criminal damage

What if it is my property?

 You cannot unlawfully damage your own property, but it can still be an offence to damage jointly owned property. So, a person who smashes up a family home in a fit of rage would very often be guilty of the offence of criminal damage.

What if it was an accident?

There is sometimes a fine line between accident and recklessness. To prove recklessness, the court should be sure that you were aware of a risk that property would be damaged, and, in the circumstances, it was unreasonable for you to take that risk.

The offence can be committed by being reckless or intending to cause the damage. Intent is simply that you committed the damage on purpose (although in legal terms it is slightly more complex than this).

Is there a defence to criminal damage?

 Whether the offence is committed depends on damage being caused without “lawful excuse”. You would have lawful excuse if you believed you had consent to cause the damage or would have had consent or that you were protecting your own property or that belonging to someone else. Your actions would have to be reasonable in all the circumstances. It is your belief that is important so if it is honestly held it may not matter if the belief is not justified.

Causing damage simply because you are drunk will afford neither a defence nor mitigation.

 Where will I be dealt with?

 criminal damageThis offence will be dealt with in the magistrates’ court where the value involved does not exceed £5,000. When there is more than one offence of damage the total of the damages will be used to calculate whether the offence is £5,000 or less. The court determines the value of the damage in deciding whether they are to deal with the case.

Where damage is caused by fire (arson) different considerations apply.

Is there a time limit on prosecution?

 Even though certain offences can only be dealt with in the magistrates’ court the six-month time period for prosecution does not apply.

What sentence will I get?

 criminal damageMinor damage such as breaking a small window is likely to result in a conditional discharge or fine. Significant damage up to £5,000 caused as part of a spree can lead to a community order or custody of up to three months. The higher the value, the more likely imprisonment will be imposed, the maximum sentence at the crown court is ten years.

In appropriate cases we will work hard to have your case diverted away from the criminal justice system.  An early apology and offer of compensation can sometimes be enough to avoid a criminal case.

How can we help?

If you are arrested or know that the police wish to speak to you about an offence of criminal damage 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.

In a case of criminal damage this might include diverting your case from the court process entirely.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

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

Criminal damage
VHS Fletchers East Midlands offices

 

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Mobile phone data and prosecutions

We are all aware that we live in a surveillance society. CCTV cameras can record our movements around large towns and cities, and many homes now have them installed for protection.

Automatic Number Plate Recognition cameras take a snapshot of car number plates and can not only monitor average speed for road traffic enforcement purposes, but also track the movement of a vehicle over hundreds of miles in most instances.

mobile phone dataFinally, most people are aware that the location where a mobile telephone call was made can be pinpointed to within a few hundred metres.

But who knew that an App, installed on all Apple phones, and similar Apps on Android devices, could hold the key to a murder case?  One defendant in Germany, Hussein Khavari, found this out to his cost when he faced trial for the rape and murder of a 19-year-old student.

While investigators were able to piece together part of the defendant’s movements, his location at critical times was unknown.  It was at this point investigators turned their attention to his phone which had been seized as evidence upon arrest.

Police examination of mobile phone data

The defendant had refused to provide the police with the PIN to unlock the phone.  Despite this, specialists were able to hack into the phone and examine the mobile phone data.

mobile phone dataThe data from the Health App was examined.  It could be seen that at certain moments the data demonstrated a significant increase in physical activity.  This mobile phone data correlated with important parts of the prosecution case within the timeline, namely dragging a body down a river embankment and then climbing back up.

This evidence was used to dispute the defendant’s account of the killing which he stated was by accident, had happened at a different location, and was not premeditated.

The use of such seemingly private mobile phone data is proving controversial.  This is particularly true where there is a friction between the right to privacy and the legitimate investigation of crimes.

Difficulties for investigators

Strong encryption technology is also reported to be making life very difficult for investigators.  Home Secretaries has spoken many times of the need for new legislation.

This story also reminds us that encryption may only as good as the password behind it.  A 4-digit code to protect a phone or other device can be cracked within minutes by a data specialist.  A ten-digit random code would probably only be cracked after many years of trying, if at all.

In the UK police can, in some circumstances, request that a suspect hand over their PIN and passwords.  Failure to do so can lead to prosecution for a criminal offence under section 53 Regulation of Investigatory Powers Act 200.  This offence carries a prison sentence of up to 5 years.

mobile phone data

Contact a criminal law specialist

The issue of privacy and its place in criminal justice is a new and evolving topic, as is the requirement to hand over PINs and passwords.

Before choosing to reveal your data secrets or making a decison to refuse it will be critical that you seek specialist independent advice as soon as possible,

You are likely to be asked to make this decision in police interview.  Our advice will be free of charge to you in those circumstances so make sure you take advantage of it.

You can find your nearest office here.

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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.

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Offences taken into consideration (‘TICs’)

What are offences taken into consideration or ‘TICs’?

These are offences taken into consideration at the time of sentencing.  These ‘TICs’ are not offences that are charged.

When will a person be asked about them?

 Where someone has pleaded guilty to an offence or offences, or is expected to do so, or are due to be sentenced after trial, a person can admit other matters so that they can be offences taken into consideration at that sentencing hearing.

As well as a person volunteering offences, the police may also approach them to ask if they want to accept any TICs.  It is crucial that free and independent legal advice is obtained at this stage as there are consequences and risks to having offences taken into consideration on sentence.

What happens if I want to admit TICs?

 You will be spoken to under caution.  If you do admit other offences and the police and prosecution agree, a schedule of the offences will offences taken into considerationbe prepared and placed before the court.

It is then for the court to decide whether or not to take them into account when you are sentenced.

The positive side of such a process is that the court will consider the fact that you have assisted the police and shown a genuine desire to “wipe the slate clean”.  This will support any suggestion of genuine remorse for any offending.  More can be found about such mitigation here.

Additionally, the police will no longer be searching for the person responsible for these offences so there will be no risk of future arrests and sentence.

Offences taken into consideration will make a difference to your sentence.  Any sentence will be longer as a result of the TICs,  Any increase, however, may not be as much as if you were sentenced separately for those offences.

The negative consequences of TICs

On the negative side, the acceptance of offences taken into consideration may result in a greatly increased sentence.  They will be treated as an aggravating feature of your offending.  This will be especially true if there is a large number of TICs.

The total sentence imposed has to reflect all of the offending behaviour.

A defendant can also be ordered to pay compensation in relation to TICs.

offences taken into considerationFinally, it may be that the offences might never have been linked to any suspect.  As a result, a defendant may be admitting more than could ever be proved.  As a result there will be a trade off between peace of mind as against looking over your shoulder wondering whether your past will catch up with you.

Wiping the slate clean

If you wish to wipe the slate clean it is important to ensure that all outstanding offences are admitted, otherwise you may not receive any discount if a future prosecution is brought.

In the recent case of Murray [2018] EWCA Crim 1252 the court observed (citing an earlier case of McLean [2017] EWCA Crim 170):

“It seems to us however that this appellant must have made a conscious choice not to disclose the July 2014 matter in the hope that it would go undetected. In those circumstances he cannot now claim to be sentenced as if both matters should have been dealt with together in January 2015. To permit that to happen at this stage would be unjust to the public interest in giving the appellant an undeserved, uncovenanted bonus. This case therefore is a salutary illustration of the benefits which can accrue to offenders from making voluntary admissions of additional offending and the risks that they run if they choose not to do so.”

What sort of offences can be TIC’d?

 Similar offending is likely to be accepted as a TIC. An offence is unlikely to be accepted as a TIC if –

  • it is an admission to an offence more serious than the one you have pleaded guilty to;
  • it is an offence that would attract disqualification or penalty points on conviction;
  • if it is an offence committed in breach of an earlier sentence;
  • where it is an offence completely dissimilar to the one charged; or
  • where it is a specified offence when the charged offence is not.

If further offences are admitted will they definitely be offences taken into consideration?

 Not necessarily.

Admissions in the circumstances above may lead to further criminal charges being brought against a defendant.  This is why it is important to seek free and independent legal advice.

How can we help in these circumstances?

Any advice as to whether to accept TICs or not is likely to be dependent on both your personal circumstances and the offences involved.

If we are already representing you then we will be able to take your instructions and provide you with advice on the likely effect of admitting further offences to be taken into consideration.

Where we do not currently act for you and you want our expert advice then please contact your nearest office.  Our independent legal advice in police interview will always be free of charge to you under the criminal legal aid scheme.

 

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Successful week at Chesterfield Magistrates’ Court for Denney Lau

Clients of Chesterfield crime solicitor Denney Lau have had a successful week before Chesterfield Magistrates’ Court.

Successful exceptional hardship argument

Denney’s client was guilty of failing to notify the details of a driver when required to do so by the police.  Unfortunately he already had chesterfield magistrates' courtten penalty points on his driving licence.  As a result, the minimum of six penalty points that would be imposed for the new offence would make him liable for a disqualification for a minimum of six months under the totting up procedure.

To avoid this, Denney successfully argued before the Chesterfield Magistrates’ Court that his client would suffer exceptional hardship if he was to be disqualified.  Although any disqualification is likely to lead to hardship, in this case our client would not only lose his employment as a driver but also his home.  He would be unable to continue with the additional responsibilities that he had for his grandchildren.

Our client was relived that he was able to keep his driving licence although it now had sixteen penalty points upon it.

Not guilty of driving whilst disqualified

Two days later, Denney represented another client who was standing trial at Chesterfield Magistrates’ Court in relation to an allegation of driving whilst disqualified.

A police officer had intelligence suggesting that our client had been using a particular vehicle whilst disqualified and therefore without insurance.  The police saw the vehicle.  There was a pursuit and when the vehicle came to a halt three people ran away from the vehicle.

The officer claimed that he was sure that the driver of the vehicle was Denney’s client.  This was disputed at trial.

chesterfield magistrates' courtChallenging police evidence can often be difficult.  It is the case that Magistrates are often more persuaded by the evidence of an officer than by that of a defendant.  Denney conducted his own research into the credibility of the officer in question.  He found that the officer had appeared before the police disciplinary panel for misconduct recently.  That misconduct was that he had deliberately made a wrong entry onto the Police National Computer.  As a result the officer had received a warning about his conduct.

In order to have this information before the court, Denney had to make a successful bad character application.  Aside from cross-examining the officer about the disciplinary finding, Denney also asked him detailed questions about the difficult circumstances of the identification.

After considering the evidence in the case the magistrates found our client not guilty of the offences.

Denied shop theft allegation

Four days after that a different client stood trial at Chesterfield Magistrates’ Court in relation to an allegation of shop theft.  In this case a store manager claimed that he had witnessed a theft, identified our client from CCTV and then given chase before our client left the scene in a vehicle.

Our client had, unfortunately, chosen not to take advantage of our free and independent advice in police interview.  He had, however, stated that he did not recall being involved in such an incident.

chesterfield magistrates' courtIn preparation for what could be a difficult trial Denney closely examined the CCTV footage.  He discovered that the offender’s face could not be seen.  As a result, this cast doubt on the identification made by the store manager.

In his closing speech, Denney argued that the Magistrates needed to examine closely the circumstances in which the identification was made.   Mistakes can be made in recognition of close relatives and friends can sometimes made be made.

Again, having heard Denney’s argument and considered the evidence the court found his client not guilty.

Seek our representation before Chesterfield Magistrates’ Court

chesterfield magistrates' court
Chesterfield crime solicitor Denney Lau

You can ensure that you are represented by Chesterfield crime solicitor Denney Lau by phoning 01246 387999 and making an appointment to see him.  Contact him in advance of any police interview or court appearance and if he is available then he will be with you, or make arrangements for one of his experienced colleagues to attend instead.

Alternatively you can use the contact form below.

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What will happen if you don’t pay your court fine

In the crown court, while a fine is not the most common punishment meted out, when they are imposed they tend to be very large.  Before the Magistrates, any court fine imposed will still be a substantial share of weekly income.

payment of court fine

Do I have to pay the court fine all at once?

Sometimes a court will order full payment (and may give a period of time for this to be completed), but in many cases, the court can order that you pay in instalments, usually weekly or monthly.

You will not be given time to pay your court fine (and therefore may be sent to prison forthwith if a fine isn’t paid) if:

  • in the case of an offence punishable by imprisonment, you appear to the judge to have sufficient means to pay forthwith;
  • it appears to the judge that you are unlikely to remain long enough at a place of abode in the UK to enable the payment of the fine to be enforced by other methods; or
  • on the occasion when the fine is imposed, the judge sentences you to an immediate prison sentence, custody for life, or detention in a young offender institution for that or another offence, or so sentences you for an offence in addition to forfeiting his recognisance, or you are already serving a sentence of custody for life or a term of imprisonment or detention.

Setting a default period

Section 139 of the Powers of Criminal Courts (Sentencing) Act 2000 requires a court to fix a period of imprisonment in default.

Imprisonment in default is an extra term of imprisonment that you might receive if a fine is not paid:

“…the purpose of ordering a sentence of imprisonment in default is designed to ensure, so far as possible, that the defendant found to have realisable assets in the amount […] ordered, should pay that amount and should obtain no advantage by refusing to do so. That authority stems not only from previous cases but also from the statutory provisions themselves.” (R v Smith [2009] EWCA Crim 344).

The maximum term is dependent on the size of the fine imposed:

An amount not exceeding £200 7 days
An amount exceeding £200 but not exceeding £500 14 days
An amount exceeding £500 but not exceeding £1,000 28 days
An amount exceeding £1,000 but not exceeding £2,500 45 days
An amount exceeding £2,500 but not exceeding £5,000 3 months
An amount exceeding £5,000 but not exceeding £10,000 6 months
An amount exceeding £10,000 but not exceeding £20,000 12 months
An amount exceeding £20,000 but not exceeding £50,000 18 months
An amount exceeding £50,000 but not exceeding £100,000 2 years
An amount exceeding £100,000 but not exceeding £250,000 3 years
An amount exceeding £250,000 but not exceeding £1 million 5 years
An amount exceeding £1 million 10 years

non payment of court fine

Will a court always set the maximum term in default?

The period in default will depend on the amount of the court fine and where it falls within the banding. So, a fine of £55,000 would probably attract a default period nearer 18 months than two years. But this is not an arithmetical exercise.

What happens if I do not pay my court fine?

If you wilfully refuse to pay the fine, and all other enforcement options have been exhausted, you will be ordered to serve the default term in prison.

It is therefore very important that you make contact with your solicitor if your financial circumstances change and you are unable to pay a financial penalty. It is always better to try and resolve difficulties earlier than wait for enforcement proceedings to commence.

I would sooner serve the time than pay the fine, is that possible?

Yes, and no!

If you do not pay, then you will go to prison. The court will, however, always try to secure enforcement first.  Imprisonment is not a free choice.  Note also that in relation to some financial penalties, such as confiscation, imprisonment in default does not extinguish the requirement to pay.

 How we can assist

The law concerning non-payment of fines and other financial penalties can be complicated so this article is intended to give only a very brief overview of the issues involved.

Legal aid can be available in certain cases of default where your liberty is at risk.

If you have any concerns about payment of your court fine or wish to discuss any other aspect of your case then please contact your nearest office.  Details can be found here.  Alternatively you can use the contact form below.

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