Ilkeston legal aid solicitor Chris Evans successfully persuaded the prosecution that it would not be in the public interest to prosecute his client for an allegation of common assault.
Was the prosecution in the public interest?
In order to bring a prosecution two tests must be satisfied. The first is the evidential test. The second is the public interest test.
In Chris’s case, the evidential test was met. His client was at a party and following an argument she had assaulted her boyfriend. The assault was captured by police bodycam footage. She had also been interviewed without the benefit of free legal representation in the police station.
Admissions to the assault had been made in that interview, although she had gone on to say that her boyfriend had tried to prevent her leaving the party
Prosecution persuaded to withdraw the charge
Despite these admissions, Chris believed it was worth speaking with the prosecution about whether his client should be prosecuted. He argued that the following points were relevant to the public interest:
there was an element of provocation. Her boyfriend had engaged in a sex act with the hostess of the party in a hot tub.
this led to the altercation which was captured on the bodycam footage
none of the witnesses in the case, including the boyfriend, wanted to take matters further
her admissions were qualified as she had said that her boyfriend was unlawfully preventing her from leaving the party
she was young, of good character, and a conviction or caution would have harmed her career prospects.
Contact an Ilkeston legal aid solicitor
VHS Fletchers is the only firm offering criminal legal aid in Ilkeston. We provide free advice and representation under the legal aid scheme at both Derby St Mary’s Wharf and the Nottingham Bridewell police stations. Our lawyers also provide representation across the East Midlands and nationwide.
Should you face proceedings before the Magistrates’ or Crown Court we will provide you with full advice about how best to fund your case. This will include assistance in completing a legal aid application where appropriate.
You will not have to travel out of Ilkeston to give instructions to our local solicitors which we believe will be more convenient to you.
If you wish to instruct Chris Evans or one of our other lawyers at our Ilkeston office then please telephone 0115 9441233 or use the form below.
Andrew’s client had already been dealt with by another advocate following his guilty plea to his involvement in an insurance fraud where he had pleaded guilty.
Crown Court jury trial for perverting the course of justice
This case was related to the fraud. It was said that our client had destroyed an iPhone because it had incriminating photos showing fraudulent accidents. The phone had been destroyed after our client had been arrested so the police wouldn’t find it.
The only evidence that the prosecution had that the phone existed in the first place, let alone was destroyed, came from an ex-partner. In her statement the incident was dealt with in two or three lines of type so no detail was given at all.
Disclosure was received from the prosecution that showed that she was unhappy with our client following the break up of their relationship. Further evidence obtained showed that following the break up she had made several unwanted visits to our client’s address. On each occasion the police had to be called, and on more than one occasion she had to be taken away by the police. This, and evidence of her hatred for our client seen on screenshots of Messenger conversations, lent support to our client’s argument that she had made up the story to get him into further trouble with the police.
Expert cross-examination of the prosecution witness
The case proceeded to jury trial. The witness attended so gave her evidence in accordance with her statement. Andrew had planned his cross examination so that he concentrated on relevant issues. It was structured to deal with the following areas:
their relationship and how it ended
police involvement at our client’s address
her feelings for our client as seen on the Messenger chat
her delay in reporting the allegations to the police
the detail of the incident bearing in mind the brevity of her statement
The last point was perhaps the most important. When pressed for detail she was unable to provide it or seemed to be making up the detail to provide an answer. This was not lost on the jury.
Andrew’s client gave evidence on his own behalf, and although the experience and some of the questions asked were clearly frustrating, he gave evidence well.
Closing speech directed at the burden of proof
In closing, Andrew’s speech was able to concentrate on the issues that might be troubling the jury most. In particular, there was a lack of supporting evidence that such a phone ever ever existed whereas there was evidence that the witness might be prepared to lie about him.
Our client, of course, had the benefit of the fact that the prosecution had to prove the case so that the jury was sure of his guilt. By a unanimous verdict the jury decided that the prosecution hadn’t done so and he was found ‘not guilty’.
Positive feedback for the service we provide
Although our client remains a serving prisoner and was unable to offer written feedback on the service provided his family did so. His partner felt able to write in these terms
“I couldn’t of asked for a better solicitor – Andrew Wesley and team did a fantastic job representing my partner.”
His mother watched the trial so was able to comment
“couldn’t of asked for better representation thank you so much.”
Crown Court Criminal Legal Aid
Our client benefited from legal aid so in his case it meant that our representation was free of charge. It is only in exceptional cases that legal aid funding will not be available to a defendant. This is because it is unlikely that the income of most defendants be too high for legal aid.
Contact a Nottingham Criminal Defence Solicitor
VHS Fletchers East Midlands Offices
Whether you face a police investigation, Magistrates’ Court trial or Crown Court jury trial you will want to engage a specialist firm to ensure the best possible outcome for you. We provide nationwide advice and representation from our offices across the East Midlands. Contact details for your nearest office can be found here.
Alternatively you can use the form below to send us an enquiry.
Chesterfield criminal Solicitor David Gittins recently used all of his court experience to successfully argue at trial that there was no case for his client to answer. This would mean that all charges would be dismissed. As a result his client would be not guilty of the offences. Previous criminal behaviour need not mean that a person is inevitably guilty of new offences.
The Allegation
David’s client had been arrested and charged with an allegation of criminal damage. The background was one of anti-social behaviour directed towards a neighbour. A restraining order had been put in place as a result.
The complainant, as well as having the protection of a court order, had also put up CCTV . This was specifically to cover a passageway between the two properties.
The allegation was that David’s client had damaged this camera. Although the damage was not caught on the camera, and there were no eye-witnesses, the prosecution had chosen to bring the case to court. The case was brought on the basis of our client’s poor behaviour in the past and because he was in the area at the time the camera was damaged.
Although David’s client had denied the offence in police interview, he appeared to accept causing damage by catching himself on some low hanging wires in the dark. He himself had called the police the following day to give that account.
The Trial
Chesterfield Magistrates’ Court
David had seen his client to take instructions and provide advice on on several occasions before the trial date. David had also taken the time to visit the property. He took photographs to allow the Magistrates to fully understand the scene.
These instructions allowed David to develop a case plan ensuring that he knew what evidence was required from the witness to secure an acquittal for his client.
At trial the owner of the CCTV attended and gave evidence about the its location and how and when it was fixed to the wall. During his evidence the witness accepted “it was possible” that some of the wires may have dropped. David knew this answer was key. Previously in discussions with the prosecution, it was claimed that there were no such wires.
The witness gave evidence for the prosecution for over 30 mins. David then questioned the witness himself, although he chose to only a small number of questions. This questioning only lasted three minutes.
After the prosecution case had finished, David made an application that the case ought to be dismissed. This was because there was simply no evidence upon which his client could be convicted. The prosecution witness had confirmed what his client had said about loose wires. There was no eye witness testimony to the incident. As a result there was no evidence to challenge his account.
The Magistrates retired and returned a short while later accepting David’s argument and dismissing the case.
His client was delighted as he was subject to a Suspended Sentence Order so any conviction would have almost certainly resulted in a prison sentence.
Criminal legal aid in the Magistrates’ Court
Legal aid is available for advice and representation before the Magistrates’ Court. It is dependent upon our clients satisfying the legal aid agency of the merits of their cases and that they qualify on their means.
In this case, David’s client had the benefit of legal aid which means that his representation was free of charge to our client.
Instruct a Chesterfield criminal solicitor
Chesterfield partner and crime solicitor David Gittins
Whether you find yourself under investigation by the police, or facing proceedings before the Magistrates’ or Crown Court, you will want to instruct a specialist Chesterfield criminal solicitor to present and argue your case. We will give you a clear idea of what needs to be achieved and how it can be will benefit you.
There are many reasons to take advantage of our free and independent legal advice in police interview. You can read about those here.
Nottingham crime solicitor Lauren Fisher pursued an exceptional hardship application for her client to ensure that he had the benefit of legal aid. She then ensured that his trial was prepared properly with the Crown, once again, failing to secure the evidence that would provide a realistic prospect of conviction.
The circumstances of the offence
Nottingham Magistrates’ Court
Lauren’s client was charged with and allegation of common assault. A member of the public had reported the assault. When the police attended at the scene they found the alleged victim who named Lauren’s client as being responsible for an unlawful assault. He was named and arrested nearby.
In interview, Lauren’s client maintained that he could not remember anything about the night. Unsurprisingly he was charged to court.
A few days later, his partner made a further statement to the police. She stated that she had been drunk when she made her original statement. The incident had also been two-sided and she had not been assaulted. Due to the fact she was no longer a helpful witness to the prosecution she was tendered to the defence. This means that Lauren could call her as a witness if she wanted.
Lack of identification evidence
The prosecution had not noticed that without this witness there was no evidence identifying Lauren’s client as the man involved in the incident. This was the case because the eye witness had not been present when our client was arrested. As a result of the original statement by our client’s partner there had not been identification procedures.
Once Lauren had identified this she properly put the court and prosecution on notice that identification would be a trial issue. Had she not put the prosecution on notice it was likely that the prosecution would be granted an adjournment to seek the necessary evidence.
Failure to hold a VIPER procedure
Despite being warned of the problem with the evidence the prosecution and police failed to pursue the VIPER identification evidence. Lauren’s client confirmed that he would consent to the procedure late in the case. As a result his details were passed to the officer to make the necessary arrangements.
Despite this, by the trial no attempts had been made to make the arrangements for a video identification parade. As a result the prosecution took a realistic approach and offered no evidence.
Magistrates’ Court Criminal Legal Aid Exceptional Hardship
Criminal legal aid in the Magistrates’ Court is subject to both a merits and means test. Firstly, the Legal Aid Agency has to be sure that there are features of the case that mean that legal aid should be granted. The defendant is also subject to a means test. There is no contribution, so if the defendant earns over a certain level after deductions then legal aid is not available.
It is possible, however, to make an application to the Legal Aid Agency to ask that legal aid is granted on the basis of exceptional hardship. This procedure involves the defendant’s solicitor setting out the likely fees to represent them at court and then asking the Agency to say that the expense would be more that they could afford.
In this case, Lauren spent the time with her client assessing that such an application would be worthwhile. Because of this he was able to have the benefit of free advice and representation at the Magistrates’ Court trial.
Contact a criminal law solicitor in Nottingham
Nottingham crime solicitor Lauren Fisher
Whether you face a police investigation or proceedings before the Magistrates’ or Crown Court you will want to instruct a specialist criminal defence lawyer. We will provide you with advice and representation that you can afford.
Please remember that advice and representation in police interview is always free of charge under the legal aid scheme. This is always true whether you are interviewed while under arrest or as a volunteer, at the police station or another place such as your home.
We will always provide advice as to whether an exceptional hardship application is likely to succeed and advise on the process.
Derby crime solicitor John Young represented a client before Derby Magistrates’ Court. His client had placed himself in a very serious situation because he committed a number of assaults at a working men’s club. This case demonstrates the benefit of an early guilty plea in an appropriate case. John was able to build his mitigation on these pleas to persuade the court that an immediate prison sentence could be avoided.
The allegations
John’s client had been charged with allegations of assault occasioning actual bodily harm and three common assaults. These offences involved four members of the same family, including two vulnerable victims.
The incident developed following an argument between our client’s wife and others in the club. There was some pushing and shoving from both sides of the argument, coupled with some threats. This initial incident appeared to blow over.
Unfortunately, the incident flared up again. No doubt due to the drink consumed, John’s client repeatedly punched the first victim. and then assaulted the others. He was restrained while the police are called. Fortunately, the injuries were relatively minor, but there were other families and young children present who were upset.
Sentencing Guidelines
The offence of assault occasioning actual bodily harm can be heard before the Crown Court. This might have been a case that the Magistrates decided ought to be sentenced there because a number of aggravating features were present:
offences in a public place
our client was in drink
children were present and affected
injury was caused
two of the victims were vulnerable
it was a sustained and repeated attack
arguably an intention to cause more serious injury than resulted
As a result, the case could easily have been categorised within the most serious category of offending with a starting point of 18 months in prison if John’s client had sought a trial.
Early Guilty Plea
John’s client faced a choice as to whether he ought to plead guilty or not. He felt aggrieved about how the incident had started. John took the time, however, to take him through the evidence and explain why he was guilty of the offences. Further, John explained to him the benefits of an early guilty plea. This is in terms of both credit (a reduction in sentence) and because it arguably shows remorse for offending.
It is always more difficult to persuade a court to be lenient where a client has been found guilty after a trial.
Mitigation leads to suspended sentence order
Although the offence was serious because of the early guilty plea the court was able to say that the remorse expressed was genuine. The court took account of John’s client’s good work record and settled relationship. He was also the sole breadwinner supporting his wife and child.
In recent times he had had problems with both his health and debt. He had a limited record of convictions and had not appeared before the courts since 2009.
As a result of John’s careful mitigation, his client received a short sentence of eighteen weeks suspended for two years. This was combined with a substantial number of hours of unpaid work and compensation. The case was kept before the Magistrates’ Court.
Contact a Derby criminal law solicitor
Derby crime solicitor John Young
Whether you face a police investigation or proceedings before the Magistrates’ or Crown Court you will want to instruct a criminal defence lawyer that gives you appropriate advice. This will help you secure the best outcome for you, whether that is due to an early guilty plea or by having a trial.
Chesterfield Crime Solicitor David Gittins recently used all of his experience to identify a reason why it would be unjust for the Court to activate a Suspended Sentence Order. His job was made all the more difficult as the new offence was an assault on the same victim. David was successful in persuading the court that justice could be best served by his client receiving a further opportunity.
Offending during a suspended sentence order
David’s client had been arrested and charged with an allegation of common assault. It was said that whilst in drink he had punched his partner who was trying to get him to leave her car. This was witnessed by others at the scene and resulted in both police and ambulance staff being called.
Chesterfield Police Station
David’s client was taken to the police station. He chose not to answer questions in interview, instead providing a “no comment” interview. He was, unsurprisingly, charged with the offence. The case was initially listed for trial. This was because our client initially wished to argue that he was acting in self-defence. Further analysis of the evidence and legal advice from David meant that he changed his plea to guilty.
Legal advice leads to sensible guilty plea
This guilty plea put David’s client in breach of a suspended sentence. That offence had also been committed in similar circumstance. As a result, it appeared highly likely that the court would activate the suspended sentence.
David spent some time with his client so he could obtain any information that could be used in mitigation. He also took the time to seek information from the probation officer at court. The officer was able to confirm that his client was progressing well on the community elements that comprised the suspended sentence order. This information gave our client an opportunity to argue that he ought to be given a further opportunity. Instead risk was best addressed in the community.
David addressed the District Judge at length about the reasons behind the recent offending. He offered forward the personal mitigation. This was linked to good progress that his client was making with both the probation and mental health services.
He was able to outline how any period of imprisonment would be detrimental to his client’s rehabilitation because the support and treatment he was currently receiving would not be available in prison. He was at risk of losing stable accommodation which is so important in an offender’s rehabilitation.
Suspended Sentence Order Allowed to Continue
The District Judge agreed that it would be unjust to activate the suspended sentence because of the detailed mitigation put forward by David. Instead he imposed a further suspended sentence order. The breach had to be marked so the operational period of the original suspended sentence order was extended by two months.
David’s client was obviously delighted with the opportunity to continue to turn his life around and receive treatment within the community.
Criminal Legal Aid Available
Legal Aid is available for Magistrates’ Court proceedings, although it is dependent on a merits and means test being satisfied. In this case, David’s client was able to receive legal aid for his representation. As a result our advice and representation was free of charge to him.
Contact a Chesterfield Crime Solicitor
Chesterfield Crime Solicitor David Gittins
Whether you face a police investigation, Magistrates’ Court proceedings or a case before the Crown Court you will wish to instruct a criminal law specialist. We provide advice and representation nationwide from out offices across the East Midlands.
If you wish to instruct David then please telephone him at our Chesterfield Office on 01246 283000 or use the contact form below. Our other offices can be found here.
Many people have a pre-conceived idea as to what solicitors do. They sit behind desks, see clients and then write letters trying to get what their client wants. It is assumed this simply repeats itself every day. This couldn’t be further from the truth, however, for criminal solicitors. Each day they attend the office with an idea of what the day should hold – perhaps appointments with clients, a number of court appearances or police station representation. Maybe some time has been set aside for preparation of a particular case.
Criminal solicitors deal with the unexpected
The reality is though that criminal solicitors have absolutely no idea what each day will bring. A new client contact the office may result in the need for any number of actions.
A person may need assistance with a road traffic case or a low value shoplifting. They may face an allegation of a serious sexual offence or assault involving life threatening injuries. No matter what the allegation criminal solicitors have to be prepared and adapt to how one new client may all of a sudden change their entire day.
Chesterfield Crime Solicitor Serena Simpson
Chesterfield Crime Solicitor Serena Simpson recently had to deal with the unexpected. She had a quiet day with no clients before the Court so was planning to use the day reducing items on her ‘to-do’ list.
In the event she received a phone call from the police. A client had been arrested for murder and she was required to attend the police station to provide advice and representation in interview.
Police are investigating a murder
From experience our staff know that an allegation of murder is likely to take many hours and in many cases days to resolve at the police station. Interviews can proceed through the night or into weekends. In such a pressurised situation we know that clients will benefit from seeing the same criminal defence lawyer throughout these interviews. As a result we will always take steps to ensure that a lawyer of appropriate experience can be present to advise for the entirety of the investigation state.
In this case Serena considered her diary for this and the next day and was able to re-allocate work. This left her free to commit to providing continuity of representation at the police station. This would mean that Serena would be working late but had no way to predict when she would finish. There was also the obvious impact on her family life as she wouldn’t be home until late. Any plans she had were cancelled.
Serena provided police station representation to her client into the late evening before returning home. She continued to be in communication with the police until later that night. The following morning she received an early call early requesting her immediate return to the police station for further interviews.
After many hours at the police station Serena’s client was released without charge. There was no cost to him as police station representation is free to anyone being interviewed in the police station.
Finally, Serena was able to return to the tasks she had planned two days earlier, whilst waiting to see which client with what offence would next need her assistance.
Contact us for dedicated police station representation
All of our staff strive to offer the best service to our clients. This is illustrated by the steps Serena took so that she could provide police station representation throughout this case.
Our 24 hour emergency service means that if you require legal advice on any criminal matter, whatever the time of day or night, and seek a solicitor who provides you with the client care that you need then please telephone your local office to speak to a criminal defence lawyer.
Chesterfield Crime Solicitors VHS Fletchers can be called on 01246 283000. Alternatively you can contact any of our solicitors using the form below.
Nottingham crime solicitor Alex Chapman secured an acquittal for a client facing a charge of driving with excess alcohol. The trial was heard before Nottingham Magistrates’ Court.
The issue at trial was the correctness of the identification. A police officer out on patrol saw a vehicle driving with a faulty brake light so the officer drove alongside the vehicle and spoke to the driver.
In response, the driver then drove away around a corner at speed. This aroused the police officer’s suspicions so he followed the vehicle. By the time he caught up with the vehicle a few seconds later, the vehicle was stationary. There was now nobody in the driver’s seat.
Defending a charge of excess alcohol
One male was stood outside the vehicle. Two males were sat on the backseat. The police officer believed that he immediately recognised our client, one of the back seat passengers, as the driver of the vehicle. Because of this he asked him to provide a roadside breath test, which he failed. As a result he was arrested for driving with excess alcohol.
Alex’s client, a Polish national, insisted throughout that the officer had made a mistake. He claimed that one of the other males had been the driver.
The only issue in the case was the correctness of the identification. In order to convict the Magistrates would have to be sure that the officer had not made a mistake. If there was a reasonable doubt as to that, then Alex’s client would be found not guilty.
As a result, Alex directed all of his cross examination to showing that the necessary doubt was present. The officer admitted that he had spoken to the driver for less than three seconds. He accepted that it was dark at the time. Although there was street lighting, the driver was sat inside car. The interior light was not on so the inside of the car was in darkness.
Can you be ‘1 million per cent’ sure?
Alex showed the officer a photograph of his client’s friend. He had been the other male sat in the backseat at the time of the arrest. The photograph was taken on the night in question. The officer conceded that they looked very similar. He could not be moved, however, on the correctness of the identification. He continued to maintain that he was “one million percent sure” that Alex’s client had been the driver.
Our client gave evidence along with his friend. His friend’s evidence was that he had been the driver. He stated that he had been taking the car for a test drive and panicked when he saw the police because he did not have insurance. He acknowledged that he knew he was admitting an offence himself but told the court he could not let his friend be wrongly convicted.
The third male who had been outside the car was the owner of the vehicle. He also attended to give evidence and support our client’s case.
Turnbull Guidelines and Identification
The quality of identification as well as the weight to be placed upon it is governed by the case of R -v- Turnbull. Alex directed his closing speech to the Magistrates to dealing with these issues. Although the officer himself was sure of the correctness of his identification, a convincing witness can still be mistaken. Alex argued that in all of the circumstances the officer could have made a mistake.
This argument was supported by his client’s full cooperation and consistent denials of responsibility. His account was also corroborated by two other witnesses.
The Magistrates found that despite the police officer’s confidence, they could not be sure of the correctness of the identification. Alex’s client was found not guilty of excess alcohol. Because of this he was not subject to the driving disqualification that would have followed a conviction.
Legal aid available
Despite being in work, Alex’s client was able to receive legal aid to ensure his free representation before the Magistrates’ Court. This was particularly important in his case as he required the assistance of an interpreter. Had there not been legal aid, he would have had to fund not only the case but interpreter’s fees himself when he gave instructions.
We will always investigate your entitlement to legal aid so that you receive affordable advice.
Contact a Nottingham criminal defence solicitor
If you are under investigation by the police or face court proceedings you will want to instruct an expert. Call our Nottingham office on 0115 9599550 or contact us using the form below.
Although the arrest was for a low value shop lifting, Ian’s client had previous cautions for theft. She had also previously been convicted and sentenced at court.
As a result, the police would usually make the decision that such a client should be charged and put before Nottingham Magistrates’ Court.
Representations avoid court proceedings
As Ian’s client had chosen to have a solicitor in the police station, Ian was able to speak with the sergeant at Newark police station who was to make the decision. He was able to persuade the officer that although his client had a record, the convictions were limited. His client had been out of trouble for eight months. All of the previous offending had been when she was a youth. This was her first offence as an adult.
The sergeant was persuaded that he could take a lenient view on this occasion. He agreed to give her a first adult caution. As her previous conviction was now spent, she would not have a record that would necessarily hold her back in her search for employment.
Free Police Station Representation
VHS Fletchers hold a contract with the government to provide advice and representation in the police station. The advice is not dependent on your earnings. The advice is therefore free of charge to everyone under the police station legal aid scheme. It will not cost you anything to instruct a solicitor to help you secure a favourable outcome if interviewed by the police.
Contact a Newark Criminal Solicitor for Newark Police Station
If you are being investigated by the police or face court proceedings then please contact Newark criminal defence lawyer Ian Carter on or email him here. If you face police investigation or criminal proceedings elsewhere then you can find your local office here.
Newark crime solicitor Barbara McDonnell recently represented a client in a voluntary police interview. It was a somewhat unusual case. She negotiated an outcome that all parties were happy with. her client had the benefit of free advice and representation.
Barbara’s client worked as an escort. It was alleged that she had stolen a lap top from a vulnerable man in a care home.
Voluntary Police Interview
When the police tell a suspect that they want to speak to them voluntarily this is likely to create the wrong impression. The conversation is still a police interview. It will be an interview under caution. It is likely to be recorded. The information that the police gain in interview can be used against a suspect in court.
Barbara’s client requested that we be present in interview. As this was an interview under caution the advice and representation would be free of charge due to criminal legal aid. As a result, Barbara was able to give her advice and protect her interests during interview.
Our client received advice and answered all questions put to her. She maintained that she was not guilty of theft as she had simply forgotten that she still had the laptop. At the point she had noticed she had it she would have returned it. Unfortunately, she had dropped the lap top and it could no longer be used.
Police take no further action
Barbara’s client was worried about the case going to court. She didn’t want anyone to know she had been working as an escort. As a result she had been prepared to admit to a theft and receive a caution. In the event, because of Barbara’s advice, she was able to offer to pay the victim the cost of a new laptop. The police took no further action against her.
Contact a Newark Criminal Solicitor
This case highlights the importance of instructing a solicitor in a case from the outset. It remains important even where you may have committed an offence. We can help you to secure the best possible outcome for you in the circumstances. We are contracted with the government so we can provide free police station advice.
If you are due to be interviewed by the police or have a case before court then please contact Newark criminal defence solicitor Barbara McDonnell or email her here.
You will not have to travel out of Ilkeston to give instructions to our local solicitors which we believe will be more convenient to you.
