Tag Archives: legal aid

News

Fixed Fee Representation at Nottingham Magistrates’ Court

nottingham criminal solicitor
Nottingham crime solicitor Martin Hadley

Nottingham criminal solicitor Martin Hadley recently represented a client who was jointly charged with allegations of production of cannabis and possessing it with intent to supply before Nottingham Magistrates’ Court.

Despite a relevant history of previous offences and very strong evidence, he was able to persuade the prosecution to accept a lesser charge.  As a result, committal to the Crown Court for sentence and a likely prison sentence was avoided.  Further, he represented her under an affordable fixed fee agreement.

Production of Cannabis

The police visited the address of her and her partner, the co-accused.  When the address is searched, the police discover significant amounts of cannabis in the kitchen cupboards.  There also cannabis growing in the loft.

In interview Martin’s client had accepted that she knew about the cannabis grow, but denied that she had been involved with the actual production of the cannabis.  In effect, she was accepting that she had permitted her premises to be used by her partner for cultivation of cannabis.

Although representations were made at an early stage that this would be an appropriate charge, the prosecution did not accept the plea that was offered.  This was perhaps unsurprising as Martin’s client had two previous convictions for production of cannabis, one of which had resulted in confiscation proceedings.  She had also failed to comply with a community order previously imposed.

As a result, Martin had advised her to plead not guilty to production of cannabis and the matter was adjourned for trial.

Plea to an alternative charge

Martin attended trial to represent his client. He renewed the representations to the prosecutor in court and this time they were received more favourably.  His client was able to plead guilty to the alternative charge.

Bearing in mind her record, Martin was unable to provide any guarantees that she would escape a prison sentence.  His experience and judgement, however, led him to believe that the lesser charge in combination with her personal mitigation would allow her to keep her liberty.

After hearing all about the case and listening to Martin’s expert mitigation aimed at avoiding custody, the Magistrates’ felt able to impose a Community Order.  The only elements were residence combined with an 8 week electronically monitored curfew.

Fixed Fee Funding

Martin’s client was not entitled to legal aid.  Her income was just outside the entitlement threshold.  As an experienced criminal defence lawyer, Martin was able to estimate how much preparation would be involved in the preparation and presentation of the case and agree affordable fixed fee representation.

Contact a Nottingham Criminal Defence Lawyer

If you are to be interviewed by the police or face court proceedings then please contact Martin Hadley on 0115 9599550 or email him here. He will advise you as to how best to fund your case, whether that be through legal aid, a fixed fee or hourly rate.

News

Chesterfield Criminal Defence Solicitor Secures Suspended Sentence

chesterfield criminal defence solicitor
Chesterfield Crime Solicitor Serena Simpson

Chesterfield criminal defence solicitor Serena Simpson recently defended a client before Chesterfield Magistrates Court.  The charges were allegations of domestic violence directed to a former partner.

The offences included an allegation of assault occasioning actual bodily harm (ABH) where she had stabbed the victim to the arm and chest with a knife. In addition it was alleged that Serena’s client had followed the male and further assaulted him by punching him to the face.

Serena first met her client when she had been refused bail by the police.  She was detained in the cells to be put before the court for a remand to prison custody.

On meeting the client, Serena immediately realised that she was a vulnerable adult herself.  She provided a history of domestic violence directed against her by the complainant in this case.

Offence on Bail

Serena’s client admitted that due to this prolonged abuse she had picked up a knife and stabbed her violent partner.  She had then turned herself in to the police.  She accepted that while on police bail she had seen the victim.  Although he had followed her, she had slapped him to the face.  There was a further minor public order offence that was denied.

The Prosecution suggested an alternative version in respect of the second allegation.  It was claimed that Serena’s client had followed the victim and punched him rather than slapped him.

Newton Hearing Listed

Serena’s client pleaded guilty to both assaults.  As she disputed the extent of the allegations she put forward her account in a written ‘basis of plea’.  Her account was not accepted by the prosecution.  As the Court felt it would make a real difference to sentence the case was listed for a hearing to decide whether our client’s version of events was correct. This is a trial of issue or a ‘Newton Hearing’.

Serena successfully argued for bail for her client.  She then undertook the preparation for the contested hearing.  It became clear as the hearing the ex-partner did not want to attend court and give evidence.

Serena was keen to bring the case to an end as soon as possible as from meeting with her client it was clear that the ordeal of court proceedings was having an adverse effect on her.

Active Case Management

The case was listed for a case progression hearing at Serena’s request to ascertain whether the hearing was going to be effective in due course.  The prosecution was unable to make a decision until a week before the trial when it confirmed that a hearing was no longer sought and Serena’s client could be sentenced on her version of events.  Further, the public order allegation was dropped.

The case was not yet over, however.  Serena had to prepare for a difficult sentencing hearing as whatever the background her client had still admitted stabbing her ex-partner.

Starting Point of 18 Months?

Sentencing guidelines govern an allegation of ABH.  The prosecution argued that this case fell into the most serious band, and the starting point for any sentence ought to be 18 months imprisonment within a range of 1 to 3 years. Her case was likely to be committed to the Crown Court for sentence even with discount for plea.

Suspended Sentence

Serena provided mitigation to the court outlining the history of the relationship, including the violence directed at her client, and other elements of personal mitigation.  Serena persuaded the District Judge that the case did not fall into the top level of seriousness.  As a result, Serena’s client was able to receive a sentence of 16 weeks suspended for 2 years with a rehabilitation element.

The Judge made it clear that Serena’s mitigation had persuaded him to take this unusual course of action in a case involving knife crime.

Serena’s client was understandably delighted.

Legal Aid Funding

Our client had the benefit of legal aid.  This allowed her to instruct Chesterfield criminal defence solicitor Serena Simpson.  This advice and representation was free of charge to her.  Further information about funding can be found here.

Contact a Chesterfield Criminal Defence Solicitor

If you are investigated by the police or are at court you may wish to instruct Chesterfield criminal defence solicitors VHS Fletchers. Please telephone us at our Chesterfield office 01246 387999.

News

Parole Granted at First Request

Irene Tolley, Head of Prison Law Department, recently represented a client who wished to apply for parole.  He was serving a sentence made up as follows:

  • Attempt murder police office with firearm – 15 year sentence
  • Robbery – 7 years consecutive
  • Robbery – 7 years concurrent

This total sentence of twenty two years meant that Irene’s client remained a Category A prisoner throughout his sentence and had therefore been detained for thirteen years at high security establishments.

prison law solicitors vhs fletchers paroleIrene’s first involvement in his case was to make representations to his Category A status.  Her submissions in relation to this were immediately successful and he was downgraded to Category B in July.

His first parole hearing was heard a less than a month later.  Irene submitted an application for release on her client’s behalf.  Again, these representations were successful and Irene’s client has his release directed in October.

Such a decision was almost unprecedented.  Irene’s client had not spent any time in lower security prisons and had not completed any releases on temporary licence which would have helped assess suitability for release.

Client Doing Very Well

Irene has had contact with one of the Parole Board members since the decision was made.  Irene is pleased to be able to report that her client is doing very well.  He is in regular touch to update her on what he is up to – he has a job, works with both a High Court Judge and a professor in criminology at Cambridge, and travels the country giving presentations about his experiences.

Contact Irene about Parole

prison law parole hearings
Our Prison Law Services

If you or a family member need advice about parole or any other prison law matter then please contact Irene Tolley by telephone on 0115 9599550 or email her here.

She will be able to advise you as to whether legal aid funding remains available or whether you will need to take advantage of our affordable fixed fees.

 

News

Local Criminal Legal Aid Advice

VHS Fletchers Nottingham

We hold criminal legal aid contracts that allow us to continue representing our existing and new clients under the legal aid scheme from our offices in Nottingham, Derby, Chesterfield, Mansfield and Newark.

Our Newark Office

Our office in Newark demonstrates our commitment to providing advice and representation to local communities who in other ways have been let down by the justice system.

criminal legal aid Newark
VHS Fletchers Newark
derby criminal legal aid
VHS Fletchers Derby office

Newark no longer has a police station where suspects can be interviewed and the Magistrates’ Court closed several years ago.  Those appearing in court now have to travel over 20 miles to Nottingham Magistrates’ Court, while those arrested are taken to Mansfield police station, a similar distance.

Local Offices Serving Local Communities

VHS Fletchers has made the decision that we will be able to provide criminal advice and representation in the police station, Magistrates’ and Crown Courts while being based in the heart of the communities that we serve.

We will hopefully contribute to reducing the stress and anxiety that investigations and proceedings can bring by making it easy and affordable for our clients to visit their legal representatives in a local office.

This approach should also allow for our clients to receive continuity in terms of the advisers and solicitors they meet, which we know clients value.

Details of the lawyers that you will meet at each office can be found here.

chesterfield criminal legal aid
VHS Fletchers Chesterfield office

Contact Us to Discuss Criminal Legal Aid

If you face police investigation then advice and assistance at the police station will always be free under criminal legal aid.  Magistrates’ criminal legal aid is both means and merits tested, and means tested for the Crown Court.

You can read more about the different legal aid schemes here.

We can give you further advice at your local office.

Details of our offices can be found here.

east midlands criminal legal aid

Alternatively you can use the contact form below.

Contact

News

Legal Aid in the Crown Court

Legal Aid is available for defending Crown Court proceedings.  It will always be granted on the merits of the case, but is subject to a means test.  The legal aid certificate can be granted with or without a contribution from your monthly income.

Even if you do not have to pay an income contribution you might have sufficient capital to mean that money is collected from that capital at the conclusion of the case.  Although the monthly income level is set reasonably high, it can be that you will not qualify at all for Crown Court Legal Aid.

Bearing in mind the stress to you that defending proceedings will involve, we recognise that it is important that your defence is affordable.  As a result we will provide you with all of the alternatives available to you in the funding of your case.

An application for legal aid will have several benefits:

  • if you win your case any contributions you make will be returned to you
  • if you are not entitled to legal aid and win your case then you will be able to apply for a proportion of your fees to be repaid from central funds
  • it is likely to make your representation by litigator and advocate more affordable, particularly if the case involves the instruction of expert witnesses

The first step will be to submit an application for legal aid, having taken all of the information necessary for the legal aid means test to be undertaken.  Documentary evidence in support of your income and expenditure will need to be submitted to the Legal Aid Agency (LAA) in due course, but the initial decision will be made upon the basis of the fully completed form.

The initial response from the LAA will indicate whether or not a contribution will be required from your income.  Unfortunately, there will be no indication as to the level of any capital contribution.  This will be calculated at the conclusion of your case if you plead or are found guilty.

When you receive notification of any income contribution it might be that it may appear difficult to afford.  This is because the expenditure that is offset against your income is very limited.  At this stage we will help you decide whether you ought to accept the offer of legal aid.

We will be able to calculate the likely cost of the preparation and the advocacy involved in your case and in many cases will be able to undertake the work on a private basis, but with fees limited to the amount that we would recover from the Legal Aid Agency.

This might be particularly attractive where you know that you will be pleading guilty so will not be entitled to recover costs, your monthly contribution is high and the case is likely to take several months to conclude.

It might be less helpful in a denied matter involving a substantial amount of work and a lengthy trial.

We will take the time to discuss all of your options with you to allow you to make the right decision as to how best to fund your case.  If you have a case you wish to discuss then please contact your nearest office or email us here.

vhs fletchers legal aid logo

News

Mansfield Solicitors Receive Praise

Our Mansfield solicitors received individual items of positive feedback from clients they have represented within the last week.

Melanie Hoffman assisted a client at trial who was charged with Assault Occasioning Actual bodily harm.  The allegation arose out of a long-standing neighbour dispute, and was said to have been a prolonged assault resulting in a fracture.

The trial involved cross-examination of three prosecution witnesses, all of whom gave evidence that Mel’s client had assaulted the complainant in various ways.  Careful preparation meant that Mel was able to highlight all of the inconsistencies between these  witnesses.  Mel was also able to highlight to the Magistrates and the prosecutor that the injuries were not supportive of a charge of causing Actual Bodily Harm.

As a result, although the client was found guilty of an allegation of common assault, he was found not guilty of the more serious charge.  Despite having had a trial, Melanie put forward mitigation that allowed the Magistrates to deal with her client by way of a financial penalty only.

Her client was very pleased as he provided a prompt and full testimonial , stating that Mel was ‘outstanding in Court today’.  He went on to say that of other Mansfield solicitors she was ‘the best solicitor I have ever come across’, maintaining that she was ‘tremendous’, fighting for him in court and secured ‘the best result’.

Separately, solicitor Tim Haines represented a client for a drink drive charge.  She was 3 1/2 times the legal limit to drive, and her driving resulted in a road traffic accident with a stationary car, leading to her own car being written off. Tim’s client had never appeared in court before.

Guidance for sentence in such cases is now easy to find.  The sentencing guidelines can be found here.  Tim’s client had researched the position and was understandably worried about the likelihood of a prison sentence.

Tim spent the time with the client that was needed to ensure she provided him with all of the mitigation relevant to her case.  It became clear that she was particularly vulnerable, and the offence reflected a culmination of various malign factors in her life.

Tim was able to ensure that the Magistrates fully understood the careful mitigation he put forward, and how if affected culpability and the likelihood of re-offending.  In the event, rather than receive a starting point sentence of 12 weeks’ custody, the court dealt with Tim’s client by way of a community order with a rehabilitation element only.  The inevitable disqualification could be reduced if the client undertook the relevant course.

Another prompt testimonial reflects well on Tim’s people skills as well as his advocacy – ‘I wanted to thank you for your support at court this morning. I realise you spend a lot of time in that environment but for me it was a first and last. You helped me through an extremely nerve-racking situation with professionalism and compassion and I wouldn’t hesitate to recommend you to any other person I know should they find themselves in a similar situation. Thank you again.’

Neither client was  financially eligible for Magistrates’ Court legal aid.  Both were able, however,  to afford to be represented by our Mansfield solicitors who made a difference to their cases by way of an agreed and affordable fixed fee.

Options for funding your case can be found here.

If you wish advice and representation for any criminal matter please contact your nearest office.  Mel can be contacted by email here and Tim can be contacted here.

VHS Fletchers Mansfield Office

News

CPS Evidence Investigated

Crown Prosecution Service – CPS – allegations involving charges where, upon conviction, a client is expected to receive a prison sentence of more than six months are regularly allocated to the Crown Court to be dealt with.  Bearing in mind the pressures on the court system this can lead to a long delay between charge and trial, on top of any delay between arrest and first appearance at the Magistrates’ Court.

We recognise that these delays can be a worry to all of our clients, but we try to mitigate this by showing that we are using this time to effectively prepare the defence case.  Our firm has a team of specialist Crown Court Litigators who deal with these serious cases.

Early preparation will always involve taking a client’s full instructions on the evidence.  It may involve taking statements from additional witnesses, seeking character evidence or pursuing expert reports.

A recent case shows how it may be unwise to take prosecution expert evidence at face value, particularly when it is in the form of medical ‘evidence’ in an abbreviated prosecution file.

Ruth Campbell,  a senior Crown Court litigator based in our Chesterfield Office, represented a client accused of assaulting his partner.   The allegation was one of s20 Offences Against the Person Act 1864, or grievous boldily harm.

The alleged victim claimed that she had suffered a broken arm as a result of an unlawful assault.  Ruth’s client maintained that he had only ever acted in self-defence.  Instead he maintained that he himself had been the victim of an attack by his partner.  He claimed that she had lunged at him with a knife and he had twisted her arm to protect himself.  He did not believe that  his actions could have caused her to suffer a broken arm.

As a result, and at an early stage, it was suggested to the prosecution that the injury was not consistent with the description of the incident as set out by the complainant.  This contention was set out in the client’s defence statement leading the Judge, when our client entered a not guilty plea, to request that the CPS serve additional medical evidence to clarify the position.

When these enquiries were concluded the additional evidence obtained demonstrated that the injury could not have been caused as alleged and showed that the complainant was not telling the truth.  As this was evidence obtained by the CPS, it was accepted that the prosecution had no option but to drop the charge and a formal not guilty verdict was entered.

Experience meant that Ruth was able to listen to the client’s instructions, consider the evidence and know that the injury did not appear to support the facts as set out by the complainant.  A potentially serious injury is not decisive evidence of a client’s guilt.

At VHS Fletchers your case will be dealt with by an appropriately qualified lawyer who will respect your instructions and prepare your case accordingly.

This client had the additional benefit of receiving legal aid which means that ultimately his case was free of charge to him.  We will always investigate the most cost effective way for you to fight your case.

If you have any criminal matter which you wish to discuss with one of our team please contact your nearest office.  If you wish to contact Ruth directly then telephone her on 01246 283000 or email her.

VHS Fletchers Chesterfield

News

Police Interview Representation

A police interview as a suspect in a criminal investigation will be a daunting experience, even when you know that you are not guilty of the allegation being put.

Most people may not know what their rights are in this situation. o you have to speak to the police and answer questions? What happens if you don’t? What information do the police have to disclose before interview? What will happen if I don’t answer questions?

The image of what amounts to a formal police interview is now being blurred as police forces across the country are being encouraged to interview suspects by consent outside the police station.  This can often be in a person’s own home.  Although the aim is to make the process less time consuming for the police, voluntarily interviews  in these circumstance have the potential effect of making those interviewed take the process less seriously, and the safeguards that are present in the custody suite on arrest are removed.

At a police station a person being interviewed voluntarily or under arrest may well think the instruction of a solicitor wise.  The importance of legal advice if interviewed in your own home will be just as important.

What is said, or not said, in police interview will direct the course of the investigation and will have a significant effect on any Crown Prosecution Service review of the evidence.  The final importance of any decision made to answer police questions may not be fully appreciated by a suspect until a matter proceeds to court and trial.

The importance of legal advice is illustrated by a recent case.  The client was advised dealt by our experienced accredited police station representative Rob Lowe who is based at our Chesterfield Office.

Rob attended Chesterfield Police Station to deal with a client who had been arrested for allegedly breaching a court restraining order. This type of offence can be taken very seriously by the court, with a maximum sentence of 5 years imprisonment for a single offence.

As the client was represented at interview, Rob was able to speak to the interviewing officer to obtain the details of the allegation.  Such disclosure is not often given to an unrepresented suspect.  Brief detail revealed that Rob’s client was said to have sent text messages to the victim and attended an address where he was not allowed to be in breach of the court order.

Rob was not satisfied with that limited information  and was able to press the officer further about the evidence. The officer conceded that neither the alleged victim or the occupant of the address had confirmed in a statement that any offences had been committed.  No mobile phone records existed to support the allegations either.

Rob then had the chance to speak to our client and take his instructions before advising him about his obligations in the police station and the strength of the evidence against him. In this case there was no admissible evidence that could be placed before a Court.

Rob was able to advise the client that in the absence of admissible evidence there would be no case for him to answer.  As a result, the client was able, with confidence, to refuse to answer police questions.  The advice was proved to be correct when the police chose to take no further action in relation to the allegation.

There are several advantages to seeking legal advice wherever the police interview:

  • you have the benefit of an independent solicitor representing only your best interests
  • this advice and representation will be free of charge under the legal aid scheme with our firm
  • you are far more likely to receive disclosure of the evidence against you
  • you have an opportunity to see an expert opinion of that evidence
  • you have the benefit of ordering your thoughts and responses to police questions prior to interview if you have chosen to answer
  • alternatively, you can be confident in any refusal to answer the questions following full advice

This firm operates an emergency call out scheme 24 hours a day, 365 days of the year to provide representation in police interview.

  • If the police contact you to speak to them please call us immediately.
  •  If they arrive at your address and want to speak to you there and then insist on our attendance.
  • If you find yourself in the police station awaiting interview make sure you ask for us.

Our representation in all of those circumstances will be free of charge to you.

Contact us immediately.

chesterfield police station