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Duty solicitor consultation response following the closure of Newark Custody Suite

Closure of Newark Custody Suite

Response to Consultation

This is the response of VHS Fletchers to the consultation paper released by the Legal Aid Agency (LAA) following the notification on 25 October 2017 of the closure of Newark custody suite with effect from 6 November 2017.

All Newark arrests from that date will be taken to and processed at Mansfield Custody Suite.  The residents of Newark have already lost one public resource, that being the ability of the police station to process prisoners.  There is a very real risk that they will lose another – detainees receiving advice from solicitors local to Newark.

The consultation document invites responses to three alternative revisions to the Newark and Mansfield Police Station Duty Solicitor Schemes. Only one of those appears to put the needs of those from Newark who are arrested first.

Since the consultation document was published there have been two important indications from the police which impact upon the proposals:

  • Cases that are identified as Newark cases will continue to be charged and either bailed or held to appear at Nottingham Magistrates’ Court rather than Mansfield Magistrates’ Court.
  • The police will continue to contact the Newark Duty Solicitor Scheme in cases which are identified as “Newark arrests” and will ensure that the Duty Solicitor Call Centre (“DSCC”) is informed in all cases where the detainee was arrested for an offence committed in Newark.

It follows from these indications that Mansfield custody suite is able to and intends to identify cases that have historically been dealt with at Newark police station.  As a result, they should be able to direct those who seek the advice of a duty solicitor to a firm local to Newark.

The proposed options for changes to the scheme can be summarised as follows:

  1. That the Newark Police Station Duty Scheme is merged with the Mansfield Police Station Duty Scheme with effect from 1 January 2018 with members of an extended Mansfield scheme covering both Mansfield and Newark police stations.
  2. That the Newark Police Station Scheme is retained as a separate scheme and Duty Solicitors on the Newark rota will be directed by the DSCC to attend at Mansfield police station.
  3. Newark Police Station Scheme retained as a separate scheme and firms post 1 January 2018 can elect to join either the Mansfield police station duty rota or standalone Newark scheme (if retained under option 2)

The LAA have helpfully indicated that they prefer option 1. The reason given is that options 2 and 3 are reliant upon the police being able to identify to the DSCC “Newark cases”.  A more cynical view might be that the LAA and DSCC would have one less scheme to administer under option 1, resulting in an inevitable reduction in administration costs.

Fortunately, since the consultation document was published, the police have set out their intention to continue to identify Newark cases at the point of arrest and charge.

As a result, there appears to be no requirement for option 1 to be adopted unless there are ulterior motives on behalf of the LAA.

VHS Fletchers supports Option 2 for the following reasons:

This firm’s investment in Newark

closure of newark custody suite
Newark crime solicitor Ian Carter

When new legal aid contracts were to be awarded this firm chose to apply for a contract for a new Newark office.  The closure of Newark custody suite was not anticipated.  The office is staffed with two crime solicitors local to Newark – Ian Carter and Barbara McDonnell.  We have since recruited a further Newark based lawyer – Legal Executive Advocate Nikki Carlisle – signalling a clear indication to continue to develop our business there.

Of course, we are in business.  The rationale behind the investment that we make in training and recruitment of duty solicitors is that they provide access to new work through the duty solicitor rotas. Option 3 supports those firms who, like us, have chosen to locate their offices in Newark in order to provide legal aid services to that particular community.

Newark deserves its own duty solicitor rota

closure of newark custody suite
Newark legal executive advocate Nikki Carlisle

Newark-on-Trent is the largest urban area within the Newark and Sherwood District.  It has a population of just over 37 000 residents. Of the three firms in Newark that currently undertaking criminal Legal Aid work, only our firm has office both in Mansfield and Newark.

Should Option 1 be adopted, Newark residents who are detained at Mansfield police station may very well be represented by a duty solicitor from a firm who only has an office in Mansfield.  It is understandable that suspects will usually choose to have continuity of representation.  This might be either whilst they remain on police bail, under investigation or following charge when the matter appears at court.

Prohibitive journey times

However, in seeking continuity, such clients would face a journey of 20 miles simply to see their solicitor to give instructions and take advice. By car that journey takes between 40 and 50 minutes.  By public transport this time rises to 1 hour and 30 minutes for a single journey.

The same situation will of course arise in relation to residents of Mansfield who are represented by a duty solicitor who only has an office in Newark.  It is true that many of those that require the services of criminal legal aid solicitors are vulnerable themselves and on a low income that would make such a journey very difficult.

It is our view that it is both unreasonable and unconscionable to expect those being investigated for criminal offences to have a return journey of three hours simply to see their solicitor.  This stress and expense would be imposed on top of the emotional burden that the investigation of proceedings impose on any individual.

Local legal aid solicitors should be supported

closure of newark custody suite
Newark crime solicitor Barbara McDonnell

Option 2 supports those criminal legal aid firms who have chosen to locate their offices in Newark.  This is in order to provide legal aid services to that community. It would mean that the arrangements within Option 2 could commence immediately following the closure of the Newark Custody Suite.  Newark based firms would not have to suffer the inevitable financial hardship of not having access to Duty Solicitor work for a period of two months.

Such a decision would be seen as supportive of a legal aid provider base that it is acknowledged is financially fragile.

Perverse consequences of merging two duty schemes

The perverse consequences of Option 1 would be to permit automatic access to Newark residents requesting the duty solicitor  to firms solely based in Mansfield.  Access to such Mansfield residents would be granted to firms solely based in Newark.

Whilst some firms may see there is a financial advantage in having a place on a merged duty scheme following the closure of Newark custody suite, this would be to ignore the needs of local Newark residents.   Financial advantage should never be allowed to outweigh the impact on those we represent and assist who are often ill-equipped to represent themselves.

On this basis, Options 2 and 3 would be unattractive and unacceptable to clients where the duty solicitor may or may not be based geographically convenient to them.

An increase in LAA costs?

The LAA will have to budget for increased travel claims from Newark firms to Mansfield custody suite following the closure of Newark custody suite.  An additional consequence is likely to be that the LAA has to fund more instances of advice and assistance in the police station.  It seems likely that clients, once they discover where their duty solicitor is based, will want to transfer to a local firm.  Where the duty solicitor has been instructed a second fee may be properly claimable by the second local firm nearer to a suspects home address

Clients to choose for themselves

Following the closure of Newark custody suite, if clients wish to choose a geographically distant firm then that must be a matter for them. To have a geographically distant firm inflicted upon them is a separate matter that should be avoided where possible.  The risk of a reduction in access to justice must be apparent to all who consider the issue.  The problem would be avoided by the adoption of Option 2.

Instruct a Newark crime solicitor

closure of newark custody suite
VHS Fletchers criminal solicitors – Newark office

Despite the closure of Newark custody suite, the best way to ensure that you instruct a solicitor local to you if you are a Newark resident is to make sure you ask for VHS Fletchers if you are arrested and detained by the police.  We offer free and independent legal advice on 01636 614013, 24 hours a day, 7 days a week, 52 weeks of the year.

If you know the police want to speak to you, contact us and we will be able to make the necessary arrangements for you to be interviewed.

Should you face proceedings at either the Magistrates’ or Crown Court then we will see you at our Newark office to take your instructions and give you expert advice.

Please use the contact form below if you wish to email your enquiry.

Contact

 

News

Sign this petition to call upon the reversal of legal aid cuts

The government has been called upon to reverse the erosion of the UK citizen’s access to justice represented by further unjustified legal aid cuts.  The latest of these cuts relate to the fees that are paid under the Litigators Graduated Fee Scheme (“LGFS”).

These cuts will now  makes much of the more serious criminal legal aid work uneconomical.  It will cause a risk to a fair trial by restricting preparation for Crown Court trials.  It will reduce a client’s access to a local provider of legal aid services if not immediately then certainly over the period of the next few years.

Why is this important?

petition against further legal aid cutsThe cuts to access to justice for those facing criminal prosecutions must be reversed before the disaster that has occurred to the availability of representation for civil legal aid cases is repeated.

It is essential to halt the erosion of access to legal representation in the UK.  Citizens, of course, face the full might of a state funded investigation and prosecution.

This constant erosion of legal aid eligibility and rates of pay over the last twenty years or so must strike at the heart of our democracy.  It has the effect of destabilising the level playing field that justice requires.  It  increasingly divides the nation between those wealthy enough to buy legal services and the rest who increasingly are forced to act in person.

This socially divisive policy is a false economy that causes delay and unplanned expense.The present cuts are imposed despite a steady reduction in legal aid expenditure.  The total bill to the government of legal aid has fallen by a third since 2011.

A Great Justice System?  For who?

These cuts come at a time when the Government is attempting to present a positive image internationally for our legal services.  The damage to our reputation in relation to access to justice may in fact be immense.

The Bach Commission recently reported into the effects of legal aid cuts.  Appendix 5: of the report outlines some stark conclusions

  • Cuts to the fees paid under the Litigators Graduated Fee Scheme make much of criminal legal aid work uneconomical
  • The rate of remuneration for advocates in many hearings often falls below the minimum wage.
  • The application of the merits and means tests for legal aid in the magistrates’ court and Crown Court prevents deserving clients receiving representation and causes delay
  • The number of offices handling legal aid criminal work has reduced by 20% in recent years
  • Legal advice deserts are being created and increasingly those denied Justice will beat a path to MP’s surgeries in desperation.

This petition calls upon the government to reverse the cuts and engage in discussions for meaningful reform of the criminal justice system and its funding.  It may be that sufficient interest can be generated by the forthcoming review on the effect of legal aid cuts, in combination with pressure from things such as this petition, to effect real change.

The link to sign the petition against legal aid cuts can be found here. 

petition against further legal aid cuts

News

Successful defence of taxi driver facing sexual assault allegation

Nottingham solicitor advocate Andrew Wesley and Senior Crown Court litigator Lisa Sawyer were instructed in the defence of a taxi driver facing trial for a sexual assault before Nottingham Crown Court.

defence of taxi driver sexual assault

Careful preparation and dialogue with the prosecutor resolved the case in our client’s behaviour.

An allegation of sexual assault

Andrew’s client was in a serious position.  Although the taxi driver was of good character, the CCTV in his cab was not working on the night of the incident.  Further, there was his DNA on the chest of the complainant in the case.

The allegation had been made within minutes of the incident taking place.  The complainant had phoned 999.  She was clearly distressed during the call.  She had repeated the allegation when officers came to her address, and made three separate written statements in support of the case.

The complainant maintained that during a taxi journey our client had continuously quizzed her about her tattoos and piercings.  At the end of the journey he had pulled up her top and underwear and sexually assaulted her.  She attended court for the trial fully willing to give evidence.

Free and independent police station advice

nottingham crown court taxi driver defence legal aid solicitorOur client had made the sensible choice of seeking legal advice prior to his police interview.  Crime solicitor Jameel Malik was present in both sets of police interview to provide advice and assistance.

Jameel advised that his client answer the questions put to him by the police.  He did so confirming:

  • there had been no inappropriate questions
  • the complainant had pulled up her own top
  • she was drunk
  • it was she who had then pulled him onto her chest
  • she had given him her  real mobile phone number

He was charged with the offence at the conclusion of the investigation.  The case was allocated to the Crown Court for trial.

An investigation of the evidence

Our client would gain a benefit in proceedings if there was evidence in support of his case.  At first glance the evidence against him would appear very strong.

As the case developed, however, and as additional material was served a very different picture began to emerge.

The DNA evidence had been presented by the police as being decisive in our client’s case.  Further examination showed that, hidden in the detail, was confirmation that the evidence could also be explained by the account that our client had given in interview.

In interview, he had explained the nature of the conversation he had during the journey.  It was innocuous, but the detail he gave meant that the answers could only have come from the complainant.  This began to undermine the account she had given.

Helpful bodycam footage

Bodycam footage showed what the complainant was wearing.  It showed that tattoos on her legs would not have been obvious.  This undermined her suggestion that our client had immediately seen these tattoos and made comment.  Further, the footage showed that he would not have been able to see tattoos on her chest.  This was important as she had said that he had mentioned them and asked to see them.

Listening to the entirety of the bodycam footage revealed that the complainant agreed that she had searched her bag for money as described by our client.  Although it was hard to hear, she also told police that it was she who had lifted her top to show her tattoo.  This was exactly what our client had said in interview.

Key evidence stored in our client’s mobile phone

defence of taxi driver sexual assault crown courtAn insistence on an inspection of our client’s mobile phone also showed that he was telling the truth about how he came to have the complainant’s phone number.  There was no evidence in the call list that she had given him a false number that he had tried to ring.  Instead, the log showed that she had called him and he had saved her number in his phone using her name.  Again, he had said this in his police interview.

This information was only revealed through a detailed examination of the unused material in the case as well as the exhibits.  Transcripts of the 999 calls and bodycam footage were prepared to go before the jury.

No evidence offered so a not guilty verdict

Ultimately, when the problems and inconsistencies with the prosecution witness were set out to prosecuting counsel on the day of trial there was no real alternative but for the Crown to offer no evidence.  There was no longer a realistic prospect of conviction once there was full consideration of all of the available material.

Crown Court legal aid to fund defence of taxi driver

legal aid funded defence of a taxi driverOur contract with the government permits us to provide representation at the Magistrates’ and Crown Courts under the criminal legal aid scheme.  The description of how we dealt with the preparation of this case no doubt shows you that even when, such as in this case, a client has the benefit of legal aid we still provide our usual high quality service.

Although those there will be a few cases where a client in not financially eligible for Crown Court legal aid, these will be few and far between.

Information about how Crown Court legal aid works can be found here.

Contact a lawyer expert in Crown Court defence

We offer Crown Court representation from each of our offices in the East Midlands so please choose the office most convenient to you.

Some information about how we would defend a case of sexual assault can be found here.

crown court defence sexual assault solicitor

All of our office phone numbers are answered 24 hours a day, 7 days a week to provide emergency advice and representation to those detained by the police.  Please do not hesitate to call.

We can also be contacted using the form below.

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News

Successful Crown Court Appeal of a Magistrates’ Court Conviction

crown court appeal legal aid solicitor
Senior Crown Court litigator Sarah Lees-Collier

Senior Crown Court litigator Sara Lees-Collier and solicitor-advocate Jon Hullis were recently instructed in a Crown Court appeal against conviction by the Magistrates’ Court.

Our client had been convicted after trial before the Magistrates of resisting a police officer in the execution of their duty.  Although she had only received a fine, this in combination with the prosecution costs meant that she had a substantial bill to pay at the conclusion of her case.

She was aggrieved with the outcome of the Magistrates’ Court trial.  She maintained that she was neither violent towards officers or attempted to resist arrest.  At the conclusion of the incident she had a broken arm.

The prosecution case

Police officers had attended an address to locate an offender.  Upon finding our client they discovered that she was subject to a warrant from the Magistrates’ Court for her immediate arrest in relation to road traffic offences.  Our client had already made arrangements with another police officer to surrender to that warrant.

When the police entered the property she was asleep in bed.  She had been drinking, and accepted that she was tired an annoyed by what was an unnecessary arrest bearing in mind her earlier conversation with the police.

The police maintained that she became abusive and then aggressive when the police attempted to arrest her.   It was alleged that she attempted to bite a female officer and then tried to resist arrest.  The police maintained that during their struggle to arrest her she had fallen off the bed and broken her arm.

Fault was said to lie with our client rather than the officers.

The reason for the Crown Court appeal

crown court appeal nottingham solicitor legal aidOur client’s version of events was very different.  She maintained that she had been handcuffed to one wrist while still on the bed.  A male officer had then taken old of the handcuffs while she was on t the bed.  He twisted her arm behind her back and pulled her off the bed with force.

As a result she fell to the floor breaking her arm.  The injury was extremely serious.  Her  arm was broken in three places.  She had to have an operation and metal plates were placed in her arm. At the time of her appeal she still had no feelings in her upper arm. Nerve damage had resulted and she remained on morphine and other medication.

The officer said to have caused the injury had been dismissed from the police for gross misconduct in relation to a separate incident.  He had given false statements in other cases. Despite that the prosecution still wanted to proceed with the appeal, but did not want to rely upon that officer at any appeal.

An automatic right to appeal

crown court appeal legal adviceOur client’s automatic right to appeal the conviction from the Magistrates’ Court to the Crown Court provided us with an opportunity to review whether additional evidence ought to be before the Crown Court on appeal.

At Jon’s suggestion, Sarah obtained a medical expert who prepared a report after liaison with our client’s treating consultant.  The report confirmed that the injury could not have been caused by a fall or slip off the bed.  There would have had to have been a twisting of her arm, consistent with her account, to cause the injury.  This increased the likelihood of her success with her Crown Court appeal.

Prosecution abandoned its opposition to the appeal

The report was served upon the Crown Prosecution Service who sensibly indicated that they would no longer be contesting the appeal.  The matter was listed before the Crown Court and the Magistrates’ Court conviction was overturned.

Contact us about your Crown Court Appeal

While there are always risks in pursuing a Crown Court appeal of a Magistrates’ Court conviction in terms of sentence and costs you will always want to seek our advice quickly.

The time limit for submitting any appeal is very short.  Legal Aid might be available, as it was in this case.

You can read more about how we will advise you in relation to any appeal here.

crown court appeal
Our offices across the East Midlands

Your nearest office can be found here.  Alternatively you can use the contact form below.

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News

Convicted Before A Magistrates’ Court – Can I Appeal?

Convicted Before A Magistrates’ Court – Can I Appeal?

If you have been convicted by the Magistrates’ Court you might feel aggrieved at the outcome.  It is natural that you will wish to consider a Magistrates’ Court appeal.

Your grievance may arise because you think that your case was not prepared correctly.  It might be that you believe that the Magistrates’ reached the wrong result on the evidence that was heard.

For many people, a conviction can be a major barrier to obtaining or keeping employment.  It may be an impediment to overseas travel.  This may well be the case even where the offence itself is relatively minor.

We acknowledge that the court process can be far from perfect. If you have a grievance, it is only right and proper that you consider your options. including a Magistrates’ Court appeal.

So, what can I do about it?

Magistrates' Court appeal solicitor adviceThe first thing to remember is that you must act quickly.  You only have 21 days from the date of sentencing to appeal your conviction.  As a result you should not delay in contacting us to discuss your Magistrates’ Court appeal.

If more than 21 days have passed then all might not be lost.  Please get in touch as soon as possible so that we can advise you about the possibility of an ‘out of time’ appeal.

When you contact us, we will also be able to consider and advise as to whether there are other avenues of appeal.  These may be either by way of judicial review or appeal by way of case stated.  Both of these methods of appeal are to the High Court.  These might be more suitable.

I pleaded guilty, can I appeal?

You might be able to appeal against ‘conviction’ if you pleaded guilty.  This will only be possible in limited circumstances.  These will exist only if your plea is ‘equivocal’. In this instance, there are two potential remedies that we will discuss  with you.  We will provide advice accordingly.

Do I need permission for a Magistrates’ Court appeal?

An appeal against conviction from the magistrates’ court to the crown court is what is termed ‘an appeal as of right’.  This means that you do not need any permission to appeal as long as your appeal is in time.

In effect, you are entitled to ‘2 bites of the cherry’ in terms of your conviction.  There are, however, some other issues such as sentence and costs that you should consider first.

Is my Magistrates’ Court sentence suspended pending an appeal?

Your sentence is not suspended pending appeal, although:

  • we can apply for bail if you are in custody; and
  • Apply for any driving disqualification to be suspended.

If you have been made subject to a community order, this will need to be complied with.  We will, however, take steps to try and expedite the hearing.

What happens at the appeal hearing?

magistrates' court appeal legal aid solicitorThe crown court, presided over by a Judge and Lay Magistrates (rather than a jury), will hear the case afresh.

As a result we have a valuable opportunity to review the case again on your behalf.  We will be able to identify what might have gone wrong at the first trial.  This will allow us to take steps to remedy any failures.

We can also examine what other evidence ought to the gathered on your behalf.  We can advise on any additional lines of attack that can usefully be deployed against the prosecution case.

If I lose the appeal, what happens?

If this happens then you will be re-sentenced by the crown court.  In addition you will be liable for prosecution costs. We will have an opportunity to discuss the costs implications with you in detail before you make any decision as to whether to appeal.

It is important to note that the crown court is not restricted to the same sentence imposed by the magistrates’ court.  As a result you may receive a higher penalty.

This will be one of the risks that you will need to balance.  This is also why we will at an early stage examine the other avenues of appeal with you such as judicial review and case stated.

Can I get legal aid?

magistrates' court appeal legal adviceMany people are eligible for legal aid.  We will advise you as to your eligibility when we meet with you.

If legal aid is not available for your Magistrates’ Court appeal then we will be happy to discuss fixed fee arrangements.  The cost of our high-quality representation is almost certainly much less than you might imagine it to be.

If you are successful in your appeal, and have funded your case privately, then some of your costs may be refunded to you.

Contact your nearest office for advice

magistrates' court appeal legal advice east midlandsAlthough you must act quickly in relation to your Magistrates’ Court appeal you must also consider it fully.  Please contact your nearest office to speak to a solicitor experienced in criminal law to provide you with full advice.

Alternatively you can use the contact form below and we will be in touch with you.

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News

The Lammy Review – time to change the perception of criminal solicitors?

lammt reviewToday has seem the publication of the Lammy Review. This is the result of an independent enquiry overseen by David Lammy MP into the treatment of, and outcomes for, Black, Asian and Minority Ethnic (BAME) individuals in the Criminal Justice System.

The need for a review arose because of concerns such as despite making up just 14% of the population, BAME men and women make up 25% of prisoners. Over 40% of young people in custody are from BAME backgrounds.

It is clear that there are very real problems in the justice system as it impacts on those BAME individuals caught up in the system.

Many sensible suggestions in the Lammy Review

Many of the suggestions within the Lammy Review, while clearly sensible, will require more money and resources in the short to medium term, but could deliver both financial savings and savings in terms of wasted lives later on.
To bring in the proposals, aside from the money, there will need to be a change in mind set from politicians. This will have to be coupled with an intention to ‘do the right thing’ and not allow justice policy to be dictated by the tabloid press.

Proposals such as increased diversity in the make-up of Magistrates, deferred prosecutions allowing earlier structured intervention from agencies or the idea of a person’s criminal record being ‘sealed’ following a demonstration that a criminal history is in the past all seem reasonable changes to make.

Missed opportunity to challenge pre-conceptions?

The Lammy Review identifies that many of the problems that arise are due to the perceptions that BAME individuals may hold about the fairness of the system. The report identifies a lack of trust in legal aid-funded solicitors among both White and BAME offenders as a particular problem.

When spoken to. many questioned the motives of the legal aid solicitors, who were often viewed as representing ‘the system’ rather than their clients’ interests. Offenders commonly believed that solicitors did not have the time or the capacity to advise them effectively in any case.

For example, one prisoner comments “I mean, obviously they don’t really care: they’re duty, they’re working for the police as well.”

lammy reviewA second prisoner confirmed, “I’ve spoken to a lot of people where they have had situations where it almost feels like the duty legal team has taken the opportunity to go to trial, when the individual would have been much better off pleading guilty, the odds were stacked against them, but from a solicitor’s point of view there’s obviously financial benefit for them to continue to trial.”

lammy reviewIt is unclear whether any attempts were made to correct the perceptions held by these commentators. It is certainly dangerous to let the views go unchallenged. The ultimate, and perhaps unintended, effect may well be to deter people of whatever background in seeking legal advice during the investigation of an offence.

The Lammy Review would certainly have had an opportunity to comment on whether the views were reasonably held, but seems to have declined to comment one way or another. In relation to particular cases, authority could have been sought to seek the solicitor’s file to see what advice had been given and why. This could have ensured a proper evidential base to support or refute the perceptions.

Lack of action from the Law Society?

Concerns have been expressed that The Law Society fails to promote the services of criminal solicitors in the same way that they endlessly promote family law, wills and conveyancing. The ability to instruct a solicitor to advise a person in the police station is an important right. The Law Society must have an important role in public legal education.

It appears that the burden of such education might fall to individual criminal solicitors. Coincidentally I published an article here earlier this week. Some of the content could be adapted and used locally by practitioners to try and alter damaging perceptions.

An opportunity to stress the independence of criminal solicitors
Criminal legal aid solicitors should use this opportunity to stress that although we are paid by the Government, the free advice and representation that we give is entirely independent of the Government.

Although it is the police who will call us if a suspect is detained in a police station, the free advice and representation that we give is entirely independent of the police. Although it is the Legal Aid Agency that regulates which firms can hold a legal aid contract, the approval of who can act as a duty solicitor is entirely independent of that Agency.

The advantages of instructing a solicitor to advice you in the police station can be found here.

Our professional duty is to our clients, not the Ministry of Justice. This involves a duty to give advice that they need to make the right decisions in their case. It includes a duty of confidentiality. Unless instructed to do so by a client, our advice and their instructions will remain confidential even after the case has ended.

Can legal aid solicitors do more?

As part of a process to change perceptions, legal aid solicitors should share accounts of the work that they undertake and the difference that they can make to their clients’ situation. We publish such accounts on our website. With one or two exceptions, none of the cases are unusual. They hopefully demonstrate the value to lammy reviewclients of instructing an expert in criminal law throughout the lifetime of a criminal case.

This content can be found here.

The Lammy Review should be taken as an opportunity for criminal legal aid solicitors and their representative bodies to show the work that we do and stress the positive outcomes that we achieve. This, and the positive experiences of our clients, will be the way to correct the false perceptions reported.

 

News

You should always ask for VHS Fletchers in police interview because…

People appear reluctant to seek advice for a police interview.  Why?

You should always ask for VHS Fletchers in police interview because…

We are free.

free legal aid for police interviewNo matter what time of the day or night, or how long a solicitor has to spend providing you with expert advice and assistance, our services will be free to you as we hold a legal aid contract with the government.

The government recognises that the last thing a person will want to think about when detained by the police under investigation will be whether they can afford to be represented.

You don’t need to worry about that. Ever.

What other reason could you need?

We don’t mind being woken up.

Well, not really.

It is part of a criminal legal aid solicitors job to answer the phone in the middle of the night to give advice, and attend the police station where necessary.

VHS Fletchers is large enough to ensure that solicitors have a break from being on call. We also have the staff to make sure that a member of the firm deals with your case rather than pass your case to an agent.

It is one of your rights so you should use it.

You have the right to legal advice so it must be important. Make sure you exercise that right.

We are experts in the field of criminal law.

police interview solicitors nottingham newark chesterfield derby mansfieldIt is perhaps unlikely that you will have a knowledge of police practices, court procedure, rules of evidence and criminal charges. Our solicitors do. A person wouldn’t be shy about consulting a dentist, plumber or accountant depending on need. Why be shy about instructing a free solicitor in the middle of the night?

Even if you haven’t done anything wrong we can help you.

Choosing to have a solicitor doesn’t make you look guilty to the police. Choosing not to have a solicitor might make you a push over in terms of how the police deal with your case.

Why would you choose to go into the alien environment of a police custody suite or interview without the benefit of a trained expert in the field of criminal law?

If you haven’t done anything wrong, you might still struggle to explain yourself in the pressure of a police interview. Our presence and advice will help with that pressure.

We are entirely independent of the police.

Although we have a legal aid contract with the government, we are entirely independent of the police and the courts. You are our client, and the free advice and assistance that we give will be to help you.

…Because it is never a ‘quick chat’, despite what the police say

The only reason you are being interviewed is because the police suspect your involvement in a criminal offence. Any ‘quick chat’ is to investigate that. The outcome of the chat might be a police caution, or a charge for a serious offence, with serious consequences for your future.

We won’t delay your release.

The time that you are detained in the police station is entirely down to the police. During normal office hours, we have a number of solicitors and accredited representatives who are available to attend the police station at short notice to provide you with free advice and assistance.

free advice for police interviewsOut of hours VHS Fletchers operate an on-call rota system where we have four staff members on call at any one time, and the ability to call on more representatives to assist if need be.

If you are arrested further afield then we will ensure that you are represented by a solicitor who can help you immediately without causing delay.

We know that you will want to be released from the police station as soon as possible, and wouldn’t wish to delay that process. The police, on the other hand, often pass an investigation from officer to officer due to changing shifts or due to how they wish to organise themselves. It is likely to be this, and any investigation they are carrying out, that will cause delay.

If you are charged then what happened at the police station is likely to be very important to your case.

If your case comes before the court then your police interview is likely to be important, particularly if you are having a trial. It is likely to help you if you have given thoughtful and considered responses to police questioning having had an opportunity to discuss the evidence first.

police interview criminal defence lawyerIt might be that you have chosen not to answer police questions. This could be because the police have insufficient evidence when you are interviewed. If the evidence is then forthcoming, your solicitor could attend court to tell a jury about the account you gave in private consultation where this is the same as the defence you give in court.

We will give you time to think.

In nearly all cases the police will tell us some information about your case in advance. This may include the names of any witnesses and what they say happened. It can include forensic or telephone evidence. We may have the opportunity of viewing CCTV evidence.

police interview nottingham vhs fletchersYour legal representative will then have an opportunity to speak with you about the information disclosed and take your instructions. You will receive advice about what the evidence shows and whether you ought to give your account to the police.

It is only when you and your solicitor are happy that you are in a position to be interviewed will the interview take place. Should you need to discuss any aspect of your case during interview then you will be able to request that the interview be stopped for a further consultation.

Your solicitor might notice a point of evidence in police interview that you need to provide instructions on. In that case, they can request that the interview be stopped.

Without a solicitor, the police will not provide you with the evidence in advance and you will have to make your decision whether, and how, to answer questions during the interview. In those circumstances, it might be difficult to give your best account.

We can negotiate with the police on your behalf.

A solicitor will be important in negotiations for many reasons following police interview.  You might feel you need medical attention.  Perhaps the police need pointing in the right direction in terms of the investigation.  There might be a compelling need for your release.

It might be argued that there is insufficient evidence to charge you with an offence.  Alternatively, where the police are thinking of charging a serious offence we will have the opportunity to suggest less serious offences.

The police may want to keep you for court to seek a remand into prison custody.  We can suggest bail conditions on your behalf at the police station.

Alternatives to charge might be appropriate such as a police caution or a restorative justice measure. Again, we will argue for this on your behalf.

We are free, we are experts and we are on your side.

Make sure you call us, day or night.

Find you nearest office here.

Alternatively use the contact form below:

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Chesterfield Crime Solicitor success on behalf of clients

chesterfield crime solicitor serena simpson
Chesterfield Crime Solicitor Serena Simpson

Although only qualified as a solicitor for a year, and more recently qualified as a duty solicitor, Chesterfield crime solicitor Serena Simpson already has secured a number of outstanding results for her clients.

Some examples of recent successful cases are below:

R v B

Our client  had a long history of drug related burglaries over a number of years.  He was before the court for two admitted commercial burglaries and a theft described as a ‘spree’ by the sentencing judge.

Despite this, Serena was able to persuade the District Judge at Chesterfield Magistrates’ Court to impose a suspended sentence.  The intention was to give her a ‘last chance’ to rehabilitate in the community

R v T

In this case our client disputed that he was responsible for causing criminal damage.  The cross-examination of the prosecution witness showed that there were obvious inconsistencies between her accounts.

In the end, the witness admitted that she had lied in her police statement and a not guilty verdict followed.

The case of H

chesterfield crime solicitor VHS Fletchers
Chesterfield Police Station

As well as providing representation to clients at court, Serena also provides advice and representation to clients who are under suspicion of having committed an offence.

This case involved a long and drawn out police investigation.  Our client was a school teacher who was accused of a string of sexual offences by her daughter. These were denied and in the end no formal statement was provided by the alleged victim.

After plenty of argument and correspondence with the police, it was agreed that there was no evidence to support a conviction and the case was taken no further.

R v R

Chesterfield crime solicitor legal aid VHS Fletchers
Chesterfield Magistrates’ Court

Our client pleaded guilty to outraging public decency.  The offence does not feature in the Magistrates’ sentencing guidelines.  It is, however, a case that can be dealt with in either the Magistrates Court or the Crown Court.

Serena researched sentencing cases similar to the one that her client faced.  The Magistrates’ accepted jurisdiction and imposed a low level community order.

This result was secured as a result of Serena’s hard work and careful mitigation.

Thank you note for Serena

R v M

Our client faced trial for criminal damage.  Her defence was that it was a malicious complaint by her ex-partner and his new girlfriend.  Serena successfully applied for the complainant’s bad character to be before the Magistrates.  This related to previous incidents of domestic violence directed towards our client.

Under careful cross-examination the complainant was unable to give a consistent account.  His girlfriend gave a completely different account.   These inconsistencies in combination with clear evidence from our client meant that the District Judge did not require a closing from Serena.

The not guilty verdict followed.

Instruct a Chesterfield crime solicitor

Whether you face questions from the police or proceedings before the Magistrates’ or Crown Court you will want to instruct an expert criminal lawyer to fight your case on your behalf.

chesterfield criminal legal aid solicitor VHS FletchersWe offer free 24 hour emergency advice and representation in police interview under the legal aid scheme.

We will also provide you with advice on your entitlement to legal aid to ensure representation at court.  Alternatively, we aim to provide you with a fee estimate that will make sure that your representation is affordable.

Please contact one of our solicitors on 01246 283000 or use the enquiry from below if you wish to discuss a case or instruct us to represent you.

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Mansfield road traffic solicitor secures constructive sentence for client

Mansfield road traffic solicitor Tim Haines provided advice and representation to a client facing a custodial sentence for a second drink drive conviction within 8 years.

mansfield road traffic solicitor tim haines
Mansfield Magistrates’ Court

The client’s situation was made worse by the circumstances of the case.  He rolled his car in the early hours of the morning and then abandoned it.  When he provided a sample of breath he was over twice the legal limit to drive.

Tim’s client had been out of trouble for sometime, having put significant difficulties with drink behind him.  Unfortunately, the loss of a close family member meant that he turned once again to drink.  This offence was committed at the end of that period.

An early guilty plea

We provided advice that an early guilty plea would stand our client in good stead at his sentencing date.  Tim also advised that character references should be obtained setting out all of the good work that his client had done on his own behalf to tackle his drinking.  They could also touch on the effect of the bereavement upon him.

Hospice staff were kind enough to provide written confirmation of the closeness of our client and the deceased, and the meetings that they had leading up to his death.

The Magistrates’ were persuaded that there should be some input from the probation service to investigate alternatives to custody.  The probation office liaised with third party agencies who had been assisting our client on a voluntary basis since he was charged with this offence.

A prison sentence was avoided

Careful mitigation that stressed the particular circumstances of this case and our client’s clear intention to put his drinking behind him again mean that he received a community order.  This involved unpaid work.  Supervision was not necessary due to the efforts he was making on his own behalf.

He was of course subject to a lengthy driving disqualification.  This can be reduced if he completes the alcohol impaired drivers course.

Contact a Mansfield road traffic solicitor

Although there are always serious risks involved with any allegation of drink driving there are sometimes compelling circumstances that will allow the court to depart from the expected sentence.  An experienced solicitor such as Tim will provide you with advice as to how best to prepare for sentence, and then try to secure the best outcome through his expert mitigation on your behalf.

In a case such as this, free criminal legal aid might be available for your representation in the Magistrates’ Court dependent upon your means.  We will always give you advice on how best to fund your case.

Mansfield crime solicitor Tim Haines drink drive representation
Mansfield road traffic solicitor Tim Haines

If you wish to discuss your case then please call Tim on 01623 675816 or use the enquiry form below.

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Not guilty verdict for client with benefit of free criminal legal aid

Mansfield criminal legal aid solicitor Tim Haines secured a not guilty verdict before the Magistrates’ court.  In doing so he preserved her good character.

mansfield criminal legal aid solicitor
Mansfield Magistrates’ Court

Tim’s client faced a very emotive charge.  She had been a care assistance and faced an allegation of pushing a vulnerable person in her care who suffered from dementia.

The allegation was made by three purported eye-witnesses.  Although all three maintained that they had seen the incident each witness gave very different account about what had happened.  Tim used his expert cross-examination to make all of these inconsistencies obvious to the Magistrates hearing the trial.

Tim’s client maintained that she had been a victim of a ‘witch-hunt’ owing to a clash of personalities at her place of employment.  This argument was supported by the manner of her dismissal which appeared unfair.

Our client was of good character.  Tim called character evidence in support of this.  His client had fully answered questions in police interview and gave an account consistent with those answers.

In closing, Tim was able to contrast the inconsistencies between the prosecution witnesses with the consistent account of his client.  He made sure that the Magistrates’ properly directed themselves as to the relevance of his client’s good character.

The Magistrates’ found his client not guilty, taking into account all of the evidence that was heard, making specific reference to our client’s consistent version of events as opposed to the prosecution’s differing accounts.

The advice, preparation and representation that this client received, both in the police station and in court, was free of charge to her.

Contact a Mansfield criminal legal aid solicitor

If you face a criminal allegation you will want to instruct an expert criminal solicitor to represent you.  Where possible, you will also want the benefit of free legal aid.

Advice and representation will always be free of charge from VHS Fletchers where you are being spoken to by the police under caution.  This is true whether you are under arrest or speaking to the police voluntarily, and whether you are at the police station or another place such as your home.

If you face court proceedings we will always ensure that we have fully investigated your entitlement to criminal legal aid.  In the Magistrates’ Court this means that your representation will be free of charge.  In the Crown Court it might be free or there may be a financial contribution.

criminal legal aid mansfield
Mansfield criminal legal aid solicitor Tim Haines

Please telephone Tim on 01623 675816 if you know that the police wish to speak to you or you face court proceedings.  We provide 24 hour emergency advice and representation.  Alternatively you can use the form below.

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