Tag Archives: legal advice

News

Is restorative justice appropriate in your case?

Restorative Justice, or ‘RJ’ as it is sometimes known, is a way of holding offenders to account and can be used as an alternative to a caution or conviction, or alongside a sentence.

What happens with Restorative Justice?

Restorative Justice gives a victim the opportunity to meet or communicate with an offender to help the offender understand the impact of the crime.  It can also provide the offender with the chance to make amends.

This may be done in a face to face meeting or by way of a written apology.  Alternatively the offender could make amends to the community rather than to the victim directly.

Communication takes place in a controlled environment, if the meeting is face to face.  A facilitator will also be present. The meeting would centre on the harm caused and ways to repair that harm.

When can Restorative Justice be used?

For any kind of communication to take place the victim must be happy to participate.  The offender will also have to have admitted the offence and be willing to take part.

Gareth Thomas, the former Wales rugby captain, chose to deal with his complaint in this way after he was the victim of a homophobic assault.

The young person involved admitted the offence, and it is being dealt with by way of Restorative Justice rather than via a caution or through Court.

Mr Thomas said he thought that the offender could learn more through Restorative Justice than any other way.

Restorative Justice can also be used when an offender has received a prison sentence.  In another case, Cathryn Walmsley of Bolton was assaulted, the offender pleaded guilty to causing grievous bodily harm with intent, and a four-year term of detention was imposed.

Mrs Walmsley read a victim impact statement out in court to set out how the offence had affected her. She also said that she would like to sit down with the offender to discuss what he did because she believes that this may give her “closure”.

It may also assist the offender, and it is hoped in these circumstances that it would reduce the likelihood of any future offending.

 

Does it work?

Research undertaken by the government in a seven-year period found that there was an 85% victim satisfaction rate with the process following the use of restorative justice.  There was a also a reduction in the frequency of re-offending of 14%.

How can we help?

Many decisions relating to whether Restorative Justice is an appropriate alternative to a police caution or prosecution will be made at the point of police interview under caution or shortly afterwards.

We offer free and independent legal advice at the police station or anywhere else where you may be interviewed by the police.

A number of benefits to seeking advice can be found here, but an important benefit is that we will be able to advise you as to whether restorative justice could be available in your case and make representations or negotiate with the police on your behalf.

An example of a case where we have successfully negotiated a restorative justice disposal can be found here.

 You can find your nearest office here.

restorative justice
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

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Obscene articles – what is the law against publication?

Prosecuting those who publish obscene articles is not prudish, despite what certain commentators would argue.  It is an offence under section 2 of the Obscene Publications Act 1959.

The maximum sentence of five years’ imprisonment for offences involving obscene articles may be warranted for activities which have disturbing and harmful knock-on effects.

Laws of this type remind us that free-speech and expression is subject to lawful limitations.

The relevant legislation

According to section 1 of the 1959 Act, one must decide whether the effect of the object in question is:

“…such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.”

An important line taken in the case law is that obscene articles must go beyond simply being rude or disgusting.  The impact upon those who come into contact with and deal with the material is central to the question.

Defining the terms

In the case of Calder & Boyars Ltd from 1968, the court considered that the term ‘obscenity’ could encompass a wide range of misconduct.

The 1972 case of DPP v Whyte noted that while not everybody must be offended or influenced by the material the effect must be more than ‘minuscule’.

What does the term ‘article’ include?  It can involve virtually anything capable of displaying some kind of information and/or broadcasting audio and video content. That description includes things which are not primarily made for these purposes.

The term ‘publish’ has been interpreted remarkably widely.  For example, a single sale made by a developer of obscene photographs or creator of paedophilic writing to one customer can constitute publication. (Taylor [1995]; GS [2012]).

Additionally, the court decided in the case of Sheppard from 2010 that it was “fundamentally misconceived” to argue that ‘publication’ requires a ‘publishee’. It emphasised that this is a separate body of rules from libel law, so applying the same approach is wrong.

Expert evidence and obscene articles

While expert evidence is generally inadmissible in terms of what constitutes something obscene, it may be employed where the jury would otherwise not understand the effects of the obscenity upon a particular group (DPP v A & BC Chewing Gum Ltd [1968]).

What if you are investigated for this offence?

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.  The law is also complex and will involve an exercise of expert judgement.

We assess the evidence on your behalf, advise you as to plea and can give you an indication of likely sentence if convicted. We will advise you as to whether any defences are available.

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

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

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

 You can find your nearest office here.

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VHS Fletchers offices across the East Midlands

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Government to focus on Controlling Dangerous Dogs?

The Environment, Food and Rural Affairs Committee’s report Controlling Dangerous Dogs calls for a full-scale review of current dog control legislation and policy to better protect the public. The report was published on 17 October 2018.

controlling dangerous dogs

The full report can be found here.

Is there a problem with controlling dangerous dogs?

According to the Committee there is.

In 1991 the Dangerous Dogs Act outlawed certain breeds and types of dog to protect the public from attacks.  Since then the number of yearly fatalities has continued to rise.

Hospital admissions for dog attacks have increased by 81% since 2005. An unacceptably high number of victims suffer horrific life-changing injuries in these incidents. Even where no physical injury occurs, dog aggression can cause significant psychological distress.

controlling dangerous dogs

At the same time, too many harmless dogs are being destroyed every year because they are banned and cannot be re-homed, even if they are well tempered and pose no risk to the public.

The Government has maintained that the breed ban is essential to public safety, arguing that these prohibited dogs pose an inherent risk. This inquiry found insufficient evidence to substantiate this claim.

The Committee agrees with the Government that it would be irresponsible to amend the breed ban immediately without adequate safeguards, but ‘that does not mean that the Government should continue to sit on its hands.’

The report argues that changing the law on Breed Specific Legislation is desirable, achievable, and would better protect the public, and that ‘…the Government’s lack of action on this front shows a disregard for dog welfare.’

controlling dangerous dogs

What action needs to be taken?

The report makes the following recommendations in relation to controlling dangerous dogs:

  • immediately remove the prohibition on transferring a banned dog if it has been behaviourally assessed by experts and found to be safe. This would prevent the needless destruction of friendly animals that could be safely re-homed;
  • commission an independent evidence review to establish whether the banned breeds or types present an inherently greater risk than any legal breed or cross breed;
  • commission a comprehensive review of existing dog control legislation and policy, with a view to developing an alternative model that focuses on prevention though education, early intervention, and consistently robust sanctions for offenders;
  • ensure all future strategies are developed with a full and transparent commitment to evidence-based policy-making. If the independent evidence review concludes there is insufficient evidence to support the Government’s position on Breed Specific Legislation, this aspect of the law should be revised;
  • introduce mandatory training and education courses for minor dog offences, similar to speed awareness courses for drivers;
  • support wider dog awareness training for schoolchildren, and run a targeted awareness campaign for dog owners and the general public on safe human-dog interaction;
  • increase support for local authorities and police forces to ensure they have the capacity to fulfil their duties; and
  • engage with international partners to learn lessons and best practice from abroad.

Will anything change as a result of this report?

It remains to be seen how if at all, the government will respond to this latest report.

Sentencing for dangerous dogs’ offences already results in severe sentences, but the focus here is more on trying to ensure that harm is not caused in the first place.

How we can assist?

Dog owners are often unfairly stigmatised and face severe punishment if found guilty of dangerous dog offences.

The legislation is extremely complex, but our solicitors have an in-depth knowledge of this area of law.

If you face investigation or prosecution it is important that you seek early advice.

The benefits of having free and independent legal advice from one of our solicitors in any interview with the police can be found here.

Any interview may well take place with the suspect being a volunteer.  This does not mean that the police are taking the case less seriously.

More information about this type of interview can be found here.

You can read more about how to contest destruction orders made with a view to controlling dangerous dogs here.

Contact your nearest office

We provide nationwide advice and representation in criminal law matters from our offices across the East Midlands.

You can find your nearest office here.

controlling dangerous dogs
VHS Fletchers offices across the East Midlands

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News

Distressing case before Chesterfield Magistrates’ Court

activation of a suspended sentence
Chesterfield crime solicitor Denney Lau

A recent case involving activation of a suspended sentence nearly brought Chesterfield crime solicitor Denney Lau to tears.  Despite having been qualified for 11 years and having represented any number of clients with many different circumstances before the court, this case was still able to cause distress.

Denney’ s client was appearing before the court in relation to breach of a suspended sentence order.  The starting point for breaching such an order is that the suspended sentence term must be activated.  It is possible to avoid this if the court can be satisfied that it would be unjust to do so in all of the circumstances.  As a result, Denney’s client was very much at risk of a custodial sentence.

The breach information set out that although our client’s initial compliance had been good, after several months he had simply stopped attending the appointments.  No explanation had been given.  On the face of it, our client was guilty of a complete disregard of a court order and there was unlikely to be any argument to avoid a prison sentence.

However, upon further investigation, this view of the case could not be further from the truth.

Compelling personal circumstances to avoid activation of a suspended sentence

During private consultation Denney was able to learn the full circumstances of his client’s failure to keep to the terms of the order.  His client had lost touch with the probation service following difficulties in his partner’s pregnancy.

During a routine scan, no heart beat had been detected.  Attempts were made to induce the birth.  Further complications arose and his partner had to undergo emergency surgery.

Although the baby was born, within two months our client was attending the funeral of his child.  He struggled to cope with these life changing events and had made several attempts to take his own life.

He had sought medical help and mistakenly believed that all of the professionals involved with his family would have liaised with each other so that compliance under the probation order had been suspended.  Unfortunately, the order does not work like that and it had continued.

Denney had to advise his client that despite his personal circumstances he was in breach of the suspended sentence order,  Had he spoken with the probation service they may have been understanding of his circumstances, but he had not.

It appeared, however, that the information from the client provided compelling reasons for the court to permit the order to continue.  The court agreed, having heard the mitigation, that it would be unjust to activate the suspended sentence.

The importance of instructing a criminal solicitor

This case illustrates the importance of instructing an expert criminal defence solicitor, whether you face activation of a suspended sentence or any other criminal offence.

Denney and his colleagues are used to hearing about people’s lives in great detail, whether that is by way of a police allegation or as part of a defence or mitigation.  As a result, we are experts at gathering relevant information and will have heard very similar cases many times over the years.  The horrific ordeal suffered by our client in this case still has the power to shock.

We were able to represent this client under the legal aid scheme.  This means that our representation before the Magistrates’ Court was free of charge to him.  This means that he was spared the ordeal of explaining deeply personal information to both the probation service and Magistrates.

You can read more about legal aid here.

You can contact your nearest office for an appointment to discuss your case.  Our contact details can be found here.

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VHS Fletchers offices across the East Midlands

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Fireworks and the Law – how to avoid trouble

Fireworks and the Law

As Bonfire Night approaches families will be looking forward to enjoying the displays.  These might be in the garden or an organised display.  While the night sky is brought alive by the vibrant explosions of noise and colour there remains. lurking in the background, a risk that failing to deal with fireworks safely and responsibly could bring an individual to the attention of the police and the courts.  The issue of fireworks and the law can be complex, with regulations changing regularly.

It will be important that retailers who are thinking of supplying fireworks for the first time consider their obligations relating to fireworks and the law.  They will need to ensure that they are sufficiently familiar with the complex rules that regulate the sale and possession of fireworks.

Contravention of the rules can result in substantial fines being imposed, or even a prison sentence.

One of our crime and regulatory experts Martin Hadley explains the law.

Classes of firework

There are four general classifications for fireworks:

  • Class 1 – Indoor fireworks
  • Class 2 – Garden fireworks
  • Class 3 – Display fireworks
  • Class 4 – Professional fireworks

Certain fireworks are banned entirely, such as mini-rockets, bangers, firecrackers, ‘jumping fireworks’ and air bombs.

There are also fireworks referred to as ‘adult fireworks’, which are subject to a local authority licensing regime.

Importation of Fireworks

It is a criminal offence to import fireworks unless notice of the fact is given to HM Customs and Excise, and details of the importer’s name and address where fireworks will be kept.

Given the sizeable market in illegal and unsafe imported fireworks, it is always wise only to purchase from established, recognised retailers.

Sale of Fireworks

Retailers must display specified signage warning that it is illegal to sell fireworks to those under 18 years.   This prohibition extends to sparklers.  Retailers should have robust training procedures in place to ensure that store staff know how to recognise under-age purchasers, and challenge as to age in appropriate cases.

There are licensing restrictions on the supply of adult fireworks.

You can only buy fireworks (including sparklers) from registered sellers for private use on these dates:

  • 15 October to 10 November
  • 26 to 31 December
  • 3 days before Diwali and Chinese New Year

At other times you can only buy fireworks from licensed shops.

Possession of Fireworks

It is an offence for a person under 18 years to possess most fireworks in a public place. There are limited exceptions for those employed in the business of firework displays and other relevant occupations.

The possession of category four fireworks is prohibited save for those employed in the business of firework displays and other relevant occupations.

Weight and time limits apply to how much of each type you can store at home before you need to register your storage or apply for a licence.

If you are buying just selection boxes and sparklers from the supermarket, small quantities of fireworks in general or are buying your fireworks a day or two before you let them off, you do not normally need to worry about storage laws as they would not apply.

Night-time Restrictions

With certain exceptions for particular notable days of the year, the use of adult fireworks is not permitted during the hours of 11 pm – 7 am.

Again, there are specific exemptions:

  • November 5th – You can let fireworks off until midnight.
  • New Year’s Eve – You can let fireworks off until 1am.
  • Diwali – You can let fireworks off until 1am.
  • Chinese New Year – You can let fireworks off until 1am

Noise Levels

Category 3 fireworks are restricted to a sound impulse sound pressure level of 120 decibels. It is an offence to supply any firework that contravenes this restriction.

Public Order, arson, violent and Other Offences

Fireworks are dangerous incendiary devices and in the wrong hands can cause serious injury to persons, animals and property. Many of these offences carry substantial criminal penalties.

Transporting fireworks

Fireworks are explosives and cannot be sent through the post. This also applies to sparklers. Fireworks can only be shipped using an explosives courier and must be clearly marked as such.

Contact a criminal law specialist

Bonfire Night is a time for fun but can land the unwary in hot water with the police.

A person can be fined up to £5,000 and imprisoned for up to 6 months for selling or using fireworks illegally. You could also get an on-the-spot fine of £90.

Separate offences can be convicted if fireworks are used to cause a nuisance.

the law and fireworks
Nottingham crime and regulatory solicitor Martin Hadley

We can advise on any aspect of criminal law including fireworks and the law, so if in doubt contact your nearest office to speak to a criminal solicitor.  If you are a business under investigation for contravening the relevant regulations then please contact crime and regulatory solicitor Martin Hadley.

Alternatively you can use the contact form below.

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News

Do I have to give police my Phone PIN?

The simple answer is no, you do not have to give the police your phone PIN.

There are, however, potential consequences in certain circumstances if you refuse.

When can the police ask for your phone PIN?

It is arguable that the police could ask you whenever they wanted for your phone PIN, you can always say no. The critical issue is whether they can take further action if you say no.

 When can they take this further action?

Section 49 of the Regulation of Investigatory Powers Act 2000 contains the relevant power.

If your phone has been seized, or in circumstances where police have the power to inspect it, the police can give you notice that they require you to provide the phone PIN or “encryption key” to allow them access. The same applies to other devices such as computers.

phone PIN

Written permission must be obtained from a Judge or a District Judge for the giving of a notice under section 49, this then provides “appropriate permission”.

The person with “appropriate permission” requesting the information must believe, on reasonable grounds:

  • that the key or PIN is in your possession;
  • that the notice is necessary for the grounds listed below, or it is necessary for the purpose of securing the effective exercise or proper performance by any public authority of any statutory power or duty
  • the notice is proportionate; and
  • that it is not reasonably practicable for the person to obtain possession of the protected information without the giving of a notice.

A notice is ‘necessary’ if it is necessary:

  • in the interests of national security;
  • for the purpose of preventing or detecting crime or
  • it is in the interests of the economic well-being of the UK.

What would “notice” be?

A notice has to be

  • in writing (or otherwise recorded)
  • set out the protected information to which it relates
  • set out the grounds for requiring it
  • specify the office, rank or position of the person giving it
  • specify the office, rank or position of the person granting permission for it to be given
  • specify the time by which the notice is to be complied with
  • set out what disclosure is required and how it is to be provided.

What is concerning is that people are very often given documents that leave the impression that giving the phone PIN is compulsory, when in fact they are mere requests not authorised by any higher body.

As a result you should always seek the advice of a specialist criminal solicitor before complying with any request.

phone PIN

What if I do not know the PIN or still don’t want to give it?

If you do not comply with a properly given notice, you can be prosecuted. If you know the information required and refuse to provide it, you can be sentenced to a maximum of 2 years imprisonment or 5 years imprisonment for an offence involving national security or child indecency.

If you genuinely do not know the information you can put this forward as a defence to the offence.

The legislation says that a person will be taken as not being in possession of a key (or PIN) if “sufficient evidence of that fact is adduced to raise an issue with respect to it and the contrary is not proved beyond a reasonable doubt”.

 What sentences have been given?

 Andrew Garner failed to comply with a notice, he said that he had forgotten the PIN but was found guilty and given eighteen months imprisonment.

Tajan Spaulding pleaded guilty after refusing to provide the PIN for his iPhones and was given eight months imprisonment.

Stephen Nicholson was given 14 months imprisonment for failing to provide his Facebook password to the police during the investigation into the murder of Lucy McHugh.

 phone PIN

How can we help?

People have been to prison for not providing the PIN for their phone,  The consequences can be severe.  This article can only ever be a simple overview of the power.

We can advise you whether the notice is lawfully made and whether the request is made in appropriate circumstances.  We will advise you whether you have a defence that can be put forward in court.

Obtaining advice at an early stage is crucial. The benefits of seeking early legal advice if spoken to by the police under caution 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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Nationwide legal advice and representation from our Chesterfield office

While many will have spent the summer having holidays and day trips out with the family, our solicitors and police station representatives at our Chesterfield office have been taking their own day trips out of the town to provide legal advice and representation.

Unfortunately, these have not been to the seaside to enjoy an ice cream but to ensure that our clients who live local to Chesterfield receive advice and representation from lawyers that they know and trust.  We often a nationwide service at both the police station and courts.

 

Countrywide legal advice and representation

The following are amongst the places recently visited by staff from our Chesterfield offices:

  • Buxton Police Station
  • Harrogate Police Station
  • York Magistrates Court
  • Manchester Magistrates Court
  • Staines Magistrates Court
  • Sheffield Magistrates’ Court
  • Boston Magistrates Court
  • Lincoln Crown Court

All of our Clients involved in the police investigations or cases before these courts had links to the Chesterfield area.

Their first priority was to have a solicitor local to them for ease of providing instructions rather than local to the police station or court they had to attend.  They wished VHS Fletchers solicitors to deal with their case on the basis of previous dealings with our expert criminal solicitors or because they had been referred to us.

It was important to them to have a solicitor or accredited police station representative that they could trust.

When we were contacted by these clients we were only too happy to travel to provide them with the service that they wished.  Our clients faced a range of offences, including

  • assault
  • theft
  • criminal damage
  • breach of court orders

Advice on your case under the legal aid scheme

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.

Many of our clients will be also be entitled to legal aid in the Magistrates’ Court.   Nearly all will be eligible for legal aid to ensure representation for cases before the Crown Court.

You can read more about these types of legal aid here.

In the cases at the police station or the courts set out above, all of our clients had the benefit of free legal advice.

chesterfield legal advice and representation

Instruct criminal defence solicitors who will go the extra mile for you

You may choose your solicitor by reputation.  You might want to choose a solicitor with an office near to where you live, no matter where your case will be heard.

If you require the assistance of a firm of expert criminal defence solicitors who are more than happy to travel to provide you with nationwide criminal advice and representation, then look no further than VHS Fletchers.

We will go that extra mile (or if need be the hundreds of extra miles) needed to ensure that you get the best outcome possible.

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

You can contact our Chesterfield office for emergency advice day or night, 365 days a year on 01246 387999.

Alternatively you can use the form below.

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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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Released under Investigation by the police – an explainer

If you have found this article through an internet search then it is likely that you are one of many thousands of people who have been interviewed by the police under caution and then released under investigation.

It may be that you are having to search for an explanation because several weeks, or months, or even a year have passed and you have not heard anything from the police.  You might not know or be confused about what will happen now that you have been released under investigation.

What does released under investigation mean?

If this has happened to you then it should mean that any police investigation into your alleged behaviour is still ongoing.  The police should intend to notify you of the decision as to whether or not you will be prosecuted at some point in the future.

Often the effect of being released under investigation is that suspects will find that their lives are put on hold in many ways.  It might be that the original allegation is a serious one so it is hard to get on with your life as normal.  Your studies or career might be suffering while you are released under investigation due to a lack of knowledge of what is happening.

You might not know when property such as telephones or computers are to be returned.  Potential witnesses might be waiting to see if they will be spoken to by the police.

Until you hear from the police it will be hard to put the matter to the back of your mind and impossible to forget about it, even where you know that you were not in the wrong.

Why am I not given a fixed date?

Previously suspects in a criminal investigation were likely to be released on bail to return to the police station so that a decision on charge or further interviews could take place.

Adverse publicity of cases where suspects were on bail for what could be years meant that the system was reviewed.  The system created inconvenience where people would have to return to the police station many times only to find nothing was to happen and their bail was extended.

Police bail is now only used in a limited number of cases.  The ability to keep suspects on police bail for long periods is now overseen by the courts.

Unfortunately, the change to the law on police bail has meant that it has been replaced with an equally unsatisfactory system where the police don’t even provide the milestones that bail dates would give to permit a review of the investigation.

Will the police keep you informed of developments?

For those who have been released under investigation it is unlikely to be enough to hope that the police are carrying out a thorough and effective investigation into the allegations

It is often impossible to tell whether any delay is due to the investigation or because other cases have been prioritised by the officer in your case.

Instruct a criminal law solicitor to represent your interests

Even if you were interviewed without a solicitor before you were released under investigation it is still not to late to contact us for our help.

We will keep in regular contact with the police to make sure that they are continuing to investigate your case.  We will try and help you with a timetable for when certain steps will be taken and when the investigation is likely to conclude.

This may be of particular importance where the police are having items subject to forensic testing or having computers or mobile phones analysed.  This can take a long time, particularly in complex or serious cases.

We can help negotiate the return of property to you if it is no longer relevant to the investigation.

Having us instructed at that stage will mean that where further interviews under caution are to take place we will be able to arrange them at a time convenient to you and your solicitor.

Can I change solicitors once I’ve been interviewed?

If you had the duty solicitor in your first interview then VHS Fletchers will be able to represent you in any subsequent interview under caution and that advice will remain free of charge to you under the legal aid scheme.

If, however, you had selected your own solicitor but now wish to change to VHS Fletchers then you may have to pay privately.  Contact us and we will advise you as to that aspect of the case.

What should I do now?

With any criminal investigation it is always important to instruct a criminal solicitor from the outset.  Our advice will be free of charge to you and we are entirely independent from the police.

The advantages of seeking legal advice in a police interview under caution can be found here.

Our police station solicitors and accredited representatives are on call 24 hours a day, 7 days a week from our offices across the East Midlands to provide you with advice when you most need it.

The contact details for your nearest office can be found here.

If you are arrested and do not have the time to contact us before you are taken to the police station ask the custody staff to phone VHS Fletchers.

released under investigation
VHS Fletchers offices across the East Midlands

You can also contact us by using the form below:

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Extradition – an introduction

Extradition is the formal process where one country asks another to return a person to stand trial or to serve a sentence. Under multilateral conventions and bilateral extradition treaties, the UK has extradition relations with over 100 territories around the world.

What Is the Process?

The requesting State contacts the UK authorities and makes an extradition request. This may result in a warrant being issued against you, and court proceedings commenced.

It might be the case that you fear an extradition request will be made in the future – if so, you should contact us without delay so that we can advise on the options available.

Save in very exceptional circumstances your case will be heard before a District Judge sitting at Westminster Magistrates’ Court in London.

Once formalities are dealt with, the court will consider whether the tests for extradition are met. In some cases, the final decision will rest with the Home Secretary.

In some instances, a case can be disposed of very quickly, in others, it will involve a contested hearing.

The exact process will depend on which extradition regime is being applied, as it varies between requesting States.

Do I Need a Solicitor?

Yes, is the simple answer. Extradition Law is incredibly complex, and there are no circumstances where it is appropriate to try and navigate your way through this legal maze.

A duty solicitor will be available at Court to assist you, but even at that stage, you can insist that we are contacted to help – the earlier we are instructed in the proceedings, the better equipped we will be to assist you.

In some cases, it will be appropriate to use specially trained counsel (barristers) who specialise in extradition law.

Experienced extradition lawyers can advise you on the processes and how an extradition request might be opposed.

Bars to Extradition

  • rule against double jeopardy
  • the absence of a prosecution decision (whether the prosecution case against the accused is sufficiently advanced)
  • extraneous considerations (whether the request for extradition is improperly motivated)
  • passage of time
  • the requested person’s age
  • speciality (the requested person must only be dealt with in the requested state for the offences for which they have been extradited)
  • onward extradition (where the requested person has previously been extradited to the UK from a third county, and consent for onward extradition from that country is required but has not been forthcoming)
  • forum (whether it would be more appropriate for the requested person to be prosecuted in the UK instead)

The judge must also decide if extradition would be disproportionate or would be incompatible with the requested person’s human rights (for example the right to family life is a person has been settled in this Country for some time). If the judge decides it would be both proportionate and compatible, extradition must be ordered.

Note that the process is different when the final extradition decision is to be made by the Home Secretary.

It is vital that all available evidence is presented during the hearing, and this may involve testimony from experts both in this Country and from abroad.

In a significant number of cases, further avenues of appeal are available to the High Court, and the Supreme Court.

Is Funding Available?

Legal aid may be available depending on your financial circumstances. If you are not eligible for legal aid, then we will be able to offer a privately funded package.

Leave Nothing To Chance

The prospect of being returned to another country to face legal proceedings is daunting; it is, therefore, essential that you seek out expert assistance at an early stage.

If you are unable to locate a specialist solicitor then please contact us and we will be able to point you in the right direction.

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