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It’s never too late for free police station advice

restorative justice
Accredited police station representative Rob Lowe

Despite very late contact with his client, accredited police station representative Rob Lowe was still able to provide free police station advice to secure a restorative justice outcome rather than a police caution.

Negotiation with police under legal aid scheme

Rob was called by a client who had already been interview in relation to allegations of affray and assault occasioning actual bodily harm.  Unfortunately, he had chosen not to seek our free and independent legal advice at that stage.

It appeared that he had made admissions to the assault in this police interview. He had been released under investigation but the police had contacted him some time later as they intended to give him an official police caution to end the matter.

Unfortunately, our client’s work involved him being a frequent visitor to the United States of America.  Understandably he had concerns that a caution might prevent him form getting into the States in the future.  As a result, he was reluctant to accept the caution.  He also raised an issue that he perhaps had not made admissions and had told the police that the complainant was the aggressor.

restorative justiceRob travelled to Sheffield from our Chesterfield office to go to the police station with his client.  This allowed him to speak to the police officer dealing with the case to determine whether a police caution was an appropriate way to deal with the case.  Was the evidence there to support the offence?  Had his client actually admitted the offence?  If there was an admission was a restorative justice option available instead of a police caution?

Having spoken to the officer, Rob concluded that the police officer was acting appropriately by offering a caution.  There was evidence from the complainant and photographs of injuries.  His client had made an admission to an assault, albeit on a limited basis.

Restorative justice outcome negotiated

Instead of simply accepting the caution, Rob was then able to make successful representations that he case be dealt with by way of a restorative justice disposal.  This was agreed by both the client and the complainant in the case.  The outcome simply involved our client keeping away from the complainant.

This outcome meant that our client did not receive a criminal record and does not need to worry about future business trips to America.

Speak to a specialist police station adviser for free

As we have a contract with the government to permit us to provide expert legal advice and representation under the legal aid scheme.  This means that our advice in the police station will always be free of charge to you in the police station.

There are many advantages to seeking advice in the police station and you can read about those here.

Read more about the benefits of instructing our solicitors and litigators here.

You can find your nearest office here.  All of our phone numbers are answered 24 hours a day, 7 days a week, to allow you to seek our expert advice when you most need it.

restorative justice
VHS Fletchers offices across the East Midlands

Alternatively you can use the form below.

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Free Legal Aid takes Nottingham Solicitor to Bromley Magistrates

Nottingham criminal solicitor Alex Chapman recently demonstrated that VHS Fletchers are prepared to travel under free legal aid in Magistrates’ Court cases.  This is because we want to ensure you receive continuity of legal representation in your case.

Alex recently travelled to Bromley Magistrates’ Court to represent a client from Nottingham because he was charged with three allegations of assault.  One of them was racially aggravated.

Our client had never appeared before a court before and was understandably concerned about the outcome of his case.  Despite his character, there was a real risk that he would receive a custodial sentence, particularly due to one of the charges being racially aggravated.

Alex’s client had been in London because he had to resolve an issue with his passport.  He had, however, missed his coach home and had unwisely had a drink to pass the time.  Our client ended up in an argument with his partner and then an altercation with shop staff and a member of the public.

He was extremely apologetic for his actions so had not disputed the alleged conduct . Our client knew that he had lost his good character and that this could have a major impact on his future but he was realistic in his expectation of a prison sentence.

Alex saw that his client was particularly concerned that he receive continuity of representation.  It is perhaps always important that a client has the benefit of the same lawyer throughout the lifetime of his case. Although he was legally aided, Alex was able to commit to travelling to Bromley.

In the event the case was able to be concluded at a single hearing because we had full instructions. Guilty pleas were entered and then Alex offered mitigation on his client’s behalf.  A brief probation assessment was carried out so his client was sentenced.  Rather than a custodial sentence he received a community order.

Availability of Free Legal Aid for Criminal Cases

We will always assess whether you are entitled to free legal aid for Magistrates’ Court hearings.  In this case the funding allowed us to provide free representation to our client some distance away.

Contact one of our criminal defence solicitors

We have several offices across the East Midlands, however we can provide nationwide advice and representation in police stations and at the Magistrates’ and Crown Court.  Find your nearest office here or use the contact form below in order to instruct us.

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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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