Tag Archives: magistrates

The end of the ‘simple adjournment’?

In criminal practice and procedure, you might think that the humble adjournment is a relatively simple and straightforward matter, but you would be wrong.

A little like buses, they are never available when you want one.  However, when you don’t want a case delayed the court always appears happy to work against you.

In reality, the humble adjournment is now a complex process, and only a mastery of the relevant principles will ensure the best outcome for your case.

The wise advocate is armed with a detailed chronology and will be ready to deploy this information without notice on an unsuspecting opponent. All relevant facts will have been gathered and a detailed submission will ensure the best prospects of success.

On occasion, it will be down to a client to assist. If for example, you cannot attend court due to illness or another unexpected matter arising, your solicitors will ensure that you are aware of the detailed information that needs to be provided.

The case law in relation to adjournments is well known, or at least ought to be. In Crown Prosecution Service v Picton, the High Court detailed the factors that a court ought to focus on:

  • A decision whether to adjourn is a decision within the discretion of the trial court. An appellate court will interfere only if very clear grounds for doing so are shown.
  • Magistrates should pay great attention to the need for expedition in the prosecution of criminal proceedings; delays are scandalous; they bring the law into disrepute; summary justice should be speedy justice; an application for an adjournment should be rigorously scrutinised.
  • Where an adjournment is sought by the prosecution, magistrates must consider both the interest of the defendant in getting the matter dealt with, and the interest of the public that criminal charges should be adjudicated upon, and the guilty convicted as well as the innocent acquitted. With a more serious charge the public interest that there be a trial will carry greater weight.
  • Where an adjournment is sought by the accused, the magistrates must consider whether, if it is not granted, he will be able fully to present his defence and, if he will not be able to do so, the degree to which his ability to do so is compromised.
  • In considering the competing interests of the parties the magistrates should examine the likely consequences of the proposed adjournment, in particular its likely length, and the need to decide the facts while recollections are fresh.
  • The reason that the adjournment is required should be examined and, if it arises through the fault of the party asking for the adjournment, that is a factor against granting the adjournment, carrying weight in accordance with the gravity of the fault. If that party was not at fault, that may favour an adjournment. Likewise, if the party opposing the adjournment has been at fault, that will favour an adjournment.
  • The magistrates should take appropriate account of the history of the case, and whether there have been earlier adjournments and at whose request and why.
  • Lastly, of course the factors to be considered cannot be comprehensively stated but depend upon the particular circumstances of each case, and they will often overlap. The court’s duty is to do justice between the parties in the circumstances as they have arisen.

What could possibly go wrong with a simple adjournment?

In a recent case of Pari-Jones v Crown Prosecution Service the following facts emerged:

‘On the morning of the trial, the legal adviser to the Magistrates’ Court received two emails from the defence solicitor, which were written in Welsh and were translated and presented to the court. The first email was sent at 9.23am. The solicitor stated that he was acting for the defendant and that she was a lady approaching 80 years old. It was the first listing for trial, and the criminal damage related to a neighbour dispute.

The magistrates were told that the defendant was very concerned regarding the weather, because it was freezing around her house and the road, and she had no electricity. She was living by herself with no close family. The solicitor further wrote that he was stuck in his home, which was in Pwllheli, and that it was freezing hard. He said he was a distance away from the main road, which had been gritted, and although he could leave his house, he was not feeling comfortable in venturing out.’

Almost unbelievably the court refused the defence adjournment and the defendant was convicted in her absence. The magistrates’ admitted to having considered no case law at all!

The full judgement in this case can be found here.

So, what seems to be an unanswerable request for a simple adjournment, in the wrong hands, can go terribly wrong. That is why we train all of our advocates to never take an application for granted and ensure the best advocacy is always deployed on your behalf.

How we can assist

We have a team of highly trained and dedicated solicitors. Unfortunately you’ll see from the facts of the case set out above that the Magistrates don’t always do what to the bystander should be obvious.

If you face court proceedings we can make a real difference to the outcome of your criminal case.  Legal aid may well be available to fund your defence at court.

 You can find your nearest office here.

simple adjournment
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

Contact

Considering becoming a legal aid lawyer? Here is a typical week

legal aid lawyer
Chesterfield partner and crime solicitor David Gittins

Where possible, VHS Fletchers is a solicitors’ firm committed to encouraging those interested in joining the legal profession.  We welcome law students who are keen to find out what it is really like to be a criminal defence solicitor and legal aid lawyer.

Work placements can be hard to come by, but if you are local to one of our East Midlands offices then please contact us to see if we have space at one of them at a mutually convenient time.

VHS Fletchers are also keen to encourage those interested in joining the legal profession and welcome law students keen to find out what it is really like to be a Criminal Defence Solicitor. Work placements can be hard to come by so for those unable to secure a placement below is a description of Chesterfield partner and Crime Solicitor David Gittins typical week.

Monday

David was in the office early meeting Natalie the work placement student to show her the sort of work undertaken by a legal aid lawyer.  They then walked over to Chesterfield Magistrates’ Court to represent a client who in the end failed to attend.

As a result, there was a lengthy wait before a warrant was issued, but David was able to use the time preparing for a later appointment to take instructions in relation to an upcoming trial.

It appears that the tone had been set for the day, and that client failed to keep his appointment.

David also undertook some preparation for his second appointment of the day.  This again related to a forthcoming trial at Chesterfield Magistrates’ Court.

This was a particularly important appointment as the trial was listed before the court for a prosecution application to let the Magistrates’ know about his client’s previous convictions.  David had hoped to discuss the convictions in detail to help him know how best to argue against the application.

This final client of the day also failed to attend his appointment.

Tuesday (day)

David was at Chesterfield Magistrates Court again on Tuesday.  This time he was acting as court duty solicitor.  This means that he would act as a legal aid lawyer for those defendants who hadn’t instructed a specific solicitor to act for them.

When David attended court he would not know the type of cases that he would be dealing with.  In the end he represented two clients who had attended on bail and one in the cells.

He returned to court in the afternoon to complete all of the cases,  including the representation of one defendant who had pleaded guilty to drink driving.

In between cases, David was able to discuss a case for the following day that needed the input of a consultant psychiatrist due to his client having difficulties with his mental health.

At the end of the normal working day, David saw a new client at the office who had been recommended to him.  He was able to take instructions and submit a legal aid application online.

Tuesday (night)

That night David was on call as one of the lawyers staffing the firm’s out of hours police station rota to provide emergency advice and assistance to those being interviewed under caution by the police.

Although it would no doubt be preferable to interview suspects during normal working hours, the police often think it appropriate to interview at any hour of the night.

Although legal aid lawyer David only represented a single suspect during this period he travelled to Chesterfield police station at 8.45pm to represent his client who was accused of assault.

Free advice was provided and the client was released under investigation whilst the Police continued to investigate the offence.

David returned home shortly before 1 am but had to be back at his desk the following morning to complete that day’s work.

legal aid lawyer
Chesterfield police station

Wednesday (day)

David returned to Court on Wednesday morning to successfully resist the bad character application being made by the prosecution.

He also represented the client with mental health difficulties in their absence as they were not well enough to attend court.  The case was adjourned to a future date.

On returning to the office David also spoke to the client that he had represented in the police station the previous night.  Although we do not carry out family work he was able to signpost her to a family solicitor who could help with the issues arising following her arrest and release.

David returned to Chesterfield Magistrates’ Court for the afternoon session.  He represented a client who was to be sentenced for a theft allegation.  Unfortunately, due to the delays at court, this case was not called on until 4.30pm despite a bail time of 1.45pm.

Wednesday (night)

David was again involved with our out of hours rota.  He was the coordinator for the scheme, which meant that he took the emergency calls from the Duty Solicitor Call Centre, police and clients or their families resulting from arrests.

Whilst David can complete this task from home with the use of his mobile phone, calls continue throughout the night.  David deployed his colleagues to the police station at 9.30pm and a little after midnight.

A spare room is always helpful when coordinating the rota.

Thursday

David, suffering from a lack of sleep, was back at Chesterfield Magistrates’ Court at 9.30am to represent a client who had previously pleaded guilty to assaulting his partner.  David successfully argued for a community order.

The rest of the day was spent by David completing work arising from cases he had dealt with that week and preparing files for future court dates.

Friday

David was again court duty solicitor at Chesterfield Magistrates’ Court.  He dealt with a client who faced an allegation of unlawful possession of a firearm.

Saturday

Magistrates’ Courts across the country also sit on a Saturday morning to deal with defendants who have been refused bail by the police.  Again we provide representation at these courts as part of our out of hours emergency rota.

David was represented two clients before Nottingham Magistrates’ Court.  The first client faced a very serious allegation of possession with intent to supply cannabis as part of an organised crime gang.  This client was remanded into custody having insufficient community ties to ensure attendance at future court dates for such a serious offence.  David was assisted by a Lithuanian interpreter in this case.

The second case was at the other end of the spectrum in terms of seriousness, although it was serious to his client.  David’s other client was simply charged with shop theft.  However, what should have been a simple matter was delayed by the police as the client was not brought through to the cells until his methadone could be located, leading to a wait of several hours.

Considering becoming a legal aid lawyer?

We are currently advertising for the post of trainee solicitor at our Chesterfield office.

There are plenty of articles on our website that show you the kind of work that you will undertake both before and after qualification.

Read more in our news section.

A legal aid lawyer will only gain the experience necessary to provide expert advice in the field of criminal law by being part of a busy practise.  We can offer that experience.

We look forward to hearing from you with either your request for work experience or application to be a trainee solicitor.

New report criticises defendants in Magistrates’ Court domestic violence cases

Dame Vera Baird QC, the Police and Crime Commissioner for Northumberland, has once more sought to bring issues of the prosecution of cases of domestic violence to the fore.

She has commissioned and published a report in which she denounces defendants who plead not guilty in cases alleging charges of domestic violence as ‘gaming the system’ in order to have cases dropped.

Magistrates refusal to grant CPS adjournment

The report maintains that defendants are using the period between plea and trial to intimidate partners into failing to attend court.  Once a witness doesn’t attend, it is claimed that the courts are all too quick to refuse adjournment requests, leaving the prosecution with no alternative but to offer no evidence, resulting in a not guilty verdict.

In 13 cases out 32 observed at one court centre, Magistrates refused an adjournment when the complainant failed to attend.  As a result, the cases were dismissed despite arguments to the contrary from the CPS.

Late change of plea

In 21 cases at one court centre, defendants entered a not-guilty plea and asked for a trial. On the various dates fixed, the observers noticed, 12 of them pleaded guilty as soon as the victim turned up and before they had given any evidence.

Criticism of defence practitioners

Defence solicitors also attract criticism.  Following a guilty plea or verdict, it is believed that they offer ‘irrelevant’ mitigation based on their client’s drunken state.

Of course, these complaints fail to acknowledge two important matters:

  • being drunk is an aggravating feature in sentencing guidelines rather than mitigation
  • whether a defendant was drunk may, however, allow the court to treat an isolated incident as being our of character

What is the real complaint?

In reality, the complaints within the report seem to relate to the following:

  • the failure to give proper training to Magistrates
  • a failure to properly fund support staff
  • under use by police and CPS of the charge of coercive or controlling behaviour
  • insufficient support of the complainant to ensure they attend to give evidence
  • failure by police or CPS to present full information in support of applications for restraining orders
  • evidential failings that impacted on the court process
  • courts not ordering Newton Hearing to decide a factual basis for sentence where certain parts of an incident are denied

All of these are capable of change subject to the necessary resources being provided.  The defence cannot be said to be responsible for any of them.  At first glance the analysis of the limited number of cases in the study does not acknowledge the legal considerations and framework that would apply in many of the cases.

Conclusions

The report is based on a limited number of cases in a single geographical region so the conclusions that could or should be drawn are perhaps limited.

While defendants can be confident that they may gain an advantage in pleading not guilty and having the matter listed for trial they will continue to do so.  Further, it is their right to test the evidence at trial.

The labelling of the entering of a not guilty plea as ‘gaming the system’ is unhelpful.  Some defendants will do so hoping to gain the advantage of a witness not attending, others (perhaps the majority) will plead not guilty because they have a defence to the charges brought.

We regularly provide advice and representation at contested domestic violence trials.  An example of such a trial can be found here.

Those defendants who in the end plead guilty will lose credit for a plea that could have been entered earlier and will find it extremely hard to argue that any genuine regret or remorse exists.  Sentencing for domestic violence allegations are governed by a specific guideline.

The police and the prosecution have the evidential tools at their disposal to build many cases without the need for a complainant to attend.  Some considerations relating to such cases can be found here.

The full report can be found here.

Instruct an expert in defending domestic violence allegations

Allegations of domestic violence are treated seriously by the courts.  They also need handling with sensitivity.  The law can be complex, particularly where the prosecution do not seek to rely on the complainant’s evidence.

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

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

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

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

defending domestic violence cases

The no comment interview – your right to silence

There is no magic to the phrase no comment.  It is simply a device for a suspect to indicate that they have no intention of answering police questions.  It allows the police to put questions and the interview to progress easily.  An alternative would be to stay mute for the duration of the interview, but that would only prolong matters!

Advice on your decision to answer no comment

The decision whether to answer police questions or make no comment replies in police interview can be a difficult one.  There are many different considerations to balance.  Since the changes brought in by the Criminal Justice and Public Order Act 1994 many more suspects are advised to answer police questions than previously.

This Act allows Magistrates’ or a jury to draw conclusions from a no comment interview in certain circumstances.  There are four conditions, including whether an accused failed to mention a fact later relied on in their defence and whether it was reasonable at the time for the accused to have mentioned this fact in interview or on charge.

Our advice is subject to legal privilege and cannot be disclosed

There is still, however, a place for the no comment interview but you are best advised to seek free and independent legal advice from a specialist solicitor or accredited police station representative before making the decision not to answer questions in police interview.  As we are entirely independent of the police any advice suggesting that you reply no comment to police questions will be in your best interests.

Any advice that we give to you and your instructions that allow us to give that advice are confidential and subject to legal privilege.  We can only disclose your instructions and our legal advice with your permission.

Your police station representative will always make a note of the instructions that you give, so even if you make ‘no comment’ replies they can give evidence to the court if necessary to show that you haven’t made up a defence once you are charged and papers are served.

Our advice will always be tailored to the circumstances of your case

 Our police station advisers know that each case will turn on its own facts.  Our advice will balance any risks and benefits to you of a no comment interview.  You will be fully advised of the advantages and disadvantages of such a course of action to allow you to make a final decision.

Opportunity for a confidential consultation about the evidence

Before providing advice allowing you to make that decision your legal representative will always seek a confidential discussion with you about the evidence. That will allow them to take your instructions in private and give you advice.  It could be that the police choose not to provide the private facilities necessary.  That in itself could mean that a full discussion of the allegations is not possible and a no comment interview would be advised.

Your police station solicitor will be alive to factors that might affect whether you should answer questions – these could include youth, mental vulnerability, a hearing or speaking disability, poor command of language, a severe nervous state or other condition.

What if I am guilty of the allegation?

 It may be that although you are guilty of the offence the police may not have enough evidence to put before a court to convict you without your admission. There might be concerns about the level of disclosure of evidence from the police which could suggest that the evidence to convict you simply isn’t there. As a suspect is ‘innocent until proven guilty’ you are perfectly within your rights to choose not to answer questions.

Alternatively, it might be that the police do not know the full extent of your offending and answering questions would make matters far worse for you.  Again, this would be a valid reason for replying no comment to police questions in interview.

As the caution only talks about inferences rather than any benefit of an early admission, the Court of Appeal has stated that you cannot lose discount for early guilty plea on the basis of a no comment interview.

Our free and independent legal advice will balance these considerations against other concerns that you might have.

If you admit the offences in police interview then you will have the benefit of demonstrating remorse for your offending.  True remorse can significantly reduce any sentence that you receive.  The greatest demonstration of remorse might be the strongest evidence it is genuine.

Alternatively, an early admission might mean that a prosecution can be avoided and you can be diverted from the court system.  To receive a caution or a restorative justice disposal an admission will normally be required from you.

What if I have a defence to the charge?  Shouldn’t I tell the police?

There may be a number of reasons why you would choose not to answer questions if you are innocent of the charge.  For example

  • You may know who the true culprit is but not want to name them
  • Your defence might involve admissions to some other damaging or embarrassing conduct but that is not illegal
  • We are unable to fully advise you as the police have not given us enough information about your case
  • The case is too complex or old to provide an immediate response

Other factors that might be relevant could include:

  • Your state of mind at the time of interview. Perhaps you were suggestible or in a state of shock?
  • You might be easily confused and liable to make mistakes in your account
  • There is a need to refer to information that isn’t to hand in police interview to check an alibi
  • We identify that there is some other good reason why you might not come over well in police interview

Our specialist police station advice will include whether there is a good reason for making no comment in interview, including whether a prepared statement should be used instead to control the manner in which the police are told about your defence.

We will advise you as to whether there are likely to be issues of admissibility at court relating to such matters as comment that you have made to the police upon arrest or any informal identification that might mean you should exercise your right to silence.

Always seek our free and independent legal advice in police interview

As you can see there are many factors that affect a decision whether to answer questions in police interview or answer no comment to any questions put.  It is vital that you seek our advice which is free of charge before you commit to a decision that could provide the evidence to secure a conviction or lead to problems in any future court case.

A number of other benefits to seeking legal advice can be found here.

We provide nationwide advice and assistance in the police station from our offices across the East Midlands.  You can find your nearest office here.  Our expert representation is available 24 hours a day, 7 days a week.

no comment
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

Contact

Successful week at Chesterfield Magistrates’ Court for Denney Lau

Clients of Chesterfield crime solicitor Denney Lau have had a successful week before Chesterfield Magistrates’ Court.

Successful exceptional hardship argument

Denney’s client was guilty of failing to notify the details of a driver when required to do so by the police.  Unfortunately he already had ten penalty points on his driving licence.  As a result, the minimum of six penalty points that would be imposed for the new offence would make him liable for a disqualification for a minimum of six months under the totting up procedure.

To avoid this, Denney successfully argued before the Chesterfield Magistrates’ Court that his client would suffer exceptional hardship if he was to be disqualified.  Although any disqualification is likely to lead to hardship, in this case our client would not only lose his employment as a driver but also his home.  He would be unable to continue with the additional responsibilities that he had for his grandchildren.

Our client was relived that he was able to keep his driving licence although it now had sixteen penalty points upon it.

Not guilty of driving whilst disqualified

Two days later, Denney represented another client who was standing trial at Chesterfield Magistrates’ Court in relation to an allegation of driving whilst disqualified.

A police officer had intelligence suggesting that our client had been using a particular vehicle whilst disqualified and therefore without insurance.  The police saw the vehicle.  There was a pursuit and when the vehicle came to a halt three people ran away from the vehicle.

The officer claimed that he was sure that the driver of the vehicle was Denney’s client.  This was disputed at trial.

Challenging police evidence can often be difficult.  It is the case that Magistrates are often more persuaded by the evidence of an officer than by that of a defendant.  Denney conducted his own research into the credibility of the officer in question.  He found that the officer had appeared before the police disciplinary panel for misconduct recently.  That misconduct was that he had deliberately made a wrong entry onto the Police National Computer.  As a result the officer had received a warning about his conduct.

In order to have this information before the court, Denney had to make a successful bad character application.  Aside from cross-examining the officer about the disciplinary finding, Denney also asked him detailed questions about the difficult circumstances of the identification.

After considering the evidence in the case the magistrates found our client not guilty of the offences.

Denied shop theft allegation

Four days after that a different client stood trial at Chesterfield Magistrates’ Court in relation to an allegation of shop theft.  In this case a store manager claimed that he had witnessed a theft, identified our client from CCTV and then given chase before our client left the scene in a vehicle.

Our client had, unfortunately, chosen not to take advantage of our free and independent advice in police interview.  He had, however, stated that he did not recall being involved in such an incident.

In preparation for what could be a difficult trial Denney closely examined the CCTV footage.  He discovered that the offender’s face could not be seen.  As a result, this cast doubt on the identification made by the store manager.

In his closing speech, Denney argued that the Magistrates needed to examine closely the circumstances in which the identification was made.   Mistakes can be made in recognition of close relatives and friends can sometimes made be made.

Again, having heard Denney’s argument and considered the evidence the court found his client not guilty.

Seek our representation before Chesterfield Magistrates’ Court

chesterfield magistrates' court
Chesterfield crime solicitor Denney Lau

You can ensure that you are represented by Chesterfield crime solicitor Denney Lau by phoning 01246 387999 and making an appointment to see him.  Contact him in advance of any police interview or court appearance and if he is available then he will be with you, or make arrangements for one of his experienced colleagues to attend instead.

Alternatively you can use the contact form below.

Contact

What will happen if you don’t pay your court fine

In the crown court, while a fine is not the most common punishment meted out, when they are imposed they tend to be very large.  Before the Magistrates, any court fine imposed will still be a substantial share of weekly income.

Do I have to pay the court fine all at once?

Sometimes a court will order full payment (and may give a period of time for this to be completed), but in many cases, the court can order that you pay in instalments, usually weekly or monthly.

You will not be given time to pay your court fine (and therefore may be sent to prison forthwith if a fine isn’t paid) if:

  • in the case of an offence punishable by imprisonment, you appear to the judge to have sufficient means to pay forthwith;
  • it appears to the judge that you are unlikely to remain long enough at a place of abode in the UK to enable the payment of the fine to be enforced by other methods; or
  • on the occasion when the fine is imposed, the judge sentences you to an immediate prison sentence, custody for life, or detention in a young offender institution for that or another offence, or so sentences you for an offence in addition to forfeiting his recognisance, or you are already serving a sentence of custody for life or a term of imprisonment or detention.

Setting a default period

Section 139 of the Powers of Criminal Courts (Sentencing) Act 2000 requires a court to fix a period of imprisonment in default.

Imprisonment in default is an extra term of imprisonment that you might receive if a fine is not paid:

“…the purpose of ordering a sentence of imprisonment in default is designed to ensure, so far as possible, that the defendant found to have realisable assets in the amount […] ordered, should pay that amount and should obtain no advantage by refusing to do so. That authority stems not only from previous cases but also from the statutory provisions themselves.” (R v Smith [2009] EWCA Crim 344).

The maximum term is dependent on the size of the fine imposed:

An amount not exceeding £200 7 days
An amount exceeding £200 but not exceeding £500 14 days
An amount exceeding £500 but not exceeding £1,000 28 days
An amount exceeding £1,000 but not exceeding £2,500 45 days
An amount exceeding £2,500 but not exceeding £5,000 3 months
An amount exceeding £5,000 but not exceeding £10,000 6 months
An amount exceeding £10,000 but not exceeding £20,000 12 months
An amount exceeding £20,000 but not exceeding £50,000 18 months
An amount exceeding £50,000 but not exceeding £100,000 2 years
An amount exceeding £100,000 but not exceeding £250,000 3 years
An amount exceeding £250,000 but not exceeding £1 million 5 years
An amount exceeding £1 million 10 years

Will a court always set the maximum term in default?

The period in default will depend on the amount of the court fine and where it falls within the banding. So, a fine of £55,000 would probably attract a default period nearer 18 months than two years. But this is not an arithmetical exercise.

What happens if I do not pay my court fine?

If you wilfully refuse to pay the fine, and all other enforcement options have been exhausted, you will be ordered to serve the default term in prison.

It is therefore very important that you make contact with your solicitor if your financial circumstances change and you are unable to pay a financial penalty. It is always better to try and resolve difficulties earlier than wait for enforcement proceedings to commence.

I would sooner serve the time than pay the fine, is that possible?

Yes, and no!

If you do not pay, then you will go to prison. The court will, however, always try to secure enforcement first.  Imprisonment is not a free choice.  Note also that in relation to some financial penalties, such as confiscation, imprisonment in default does not extinguish the requirement to pay.

 How we can assist

The law concerning non-payment of fines and other financial penalties can be complicated so this article is intended to give only a very brief overview of the issues involved.

Legal aid can be available in certain cases of default where your liberty is at risk.

If you have any concerns about payment of your court fine or wish to discuss any other aspect of your case then please contact your nearest office.  Details can be found here.  Alternatively you can use the contact form below.

payment of court fine

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Why choose VHS Fletchers as your solicitor?

For many people, facing the prospect of criminal investigation or proceedings is a daunting prospect.  It is one that can often inflict a heavy toll not just on themselves, but also on their loved ones.

As a result it will be essential that a suspect or defendant ensure that proper professional support mechanisms are in place at an early stage through a considered choice of solicitor.

Seek early legal advice for your criminal case

It is never too early to involve VHS Fletchers in your case, even at the point you are first aware that the police wish to speak to you.

We are always surprised at just how many people put seeking legal advice off until a late stage in an investigation.  People might be concerned about the potential cost of a solicitor.  As a result, we constantly try to publicise the fact that legal advice will be free in police interview.  Other people think that having a solicitor in police interview might be seen as an admission of guilt. It isn’t.   An even greater number of suspects may believe that the problem will simply go away.  This may be true in some cases, but in many it does not.

We dispel some of the myths and give some benefits about having a solicitor if interviewed by the police here.

VHS Fletchers – The right solicitor for you

It is a trite observation to state that you will want to choose the ‘right’ solicitor for you.  We hope that will be VHS Fletchers.

If your case depends on legal aid funding and you believe that you have made the wrong choice of solicitor, this may not be easily remedied.  A firm might not be entitled to an additional payment if you change between visits to the police station.

Once proceedings have started, courts will need a good justification to transfer legal aid to another firm.  Any reason will go need to go beyond a desire to change.

If, however, you are unhappy with your existing representation then the sooner any transfer to VHS Fletchers is resolved, the better.

How do you decide whether VHS Fletchers are the right solicitors for you?

transfer legal aidWe hope that there is plenty of information about this firm and its staff on this website to allow you to make an informed decision.  You will be able to explore the wealth of experience that this firm can bring to your case, and perhaps find examples of how we have dealt with cases similar to yours.

Once you have made contact with us, you will be able to see the manner in which we will deal with your case.

We will ensure that your initial enquiry is dealt with promptly.  We aim to make contact with your lawyer easy, and if they are not available immediately there will be other solicitors or paralegals on hand to deal with urgent queries.

Our lawyers appreciate that along with your legal problems is the potential for a number of personal difficulties.  Our staff demonstrate the key skills of empathy and understanding, recognising that these are critical skills and essential to excellent communication.

Clear advice about what to expect at every stage

We know that the law and procedure relating to your case can be complex.  As a result, at the end of meeting with you we will make it clear to you what is likely to happen next and the time frame.

As a result we are confident that you will leave any meetings reassured and comfortable, understanding the advice that has been given and what will happen next.  We aim to deal with any concerns you have immediately, in order to resolve any understandable anxieties.

If you are unhappy with your current solicitor can you transfer legal aid?

In the first instance, you should raise your concerns as soon as they arise.  This ensures the best chance of resolving them. Often concerns arise due to misunderstandings.  These can be quickly and easily remedied.

If concerns remain then consult the firm’s complaints procedure and escalate the matter to more senior staff.

If you cannot resolve matters to your satisfaction or believe that the relationship is beyond repair, then it is essential to contact VHS Fletchers without delay to see whether you can transfer legal aid.

How can we assist?

We do not encourage potential clients to seek a transfer of legal aid and representation lightly.  This will only arise where a client’s needs are not being properly addressed.  Then we will support a transfer of legal aid.

But, you do get only one chance to get it right.

Contact VHS Fletchers solicitors for expert advice in criminal matters

We care passionately about the service we give to every client, so if the time has come to switch solicitors and transfer legal aid, get in touch, and we can provide further advice on the procedure and whether you have grounds for a transfer.

For a confidential and private consultation, please contact the office most convenient to you or use the contact form below.

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End of an era as Chesterfield solicitors move offices

On Thursday 22 March 2018 a chapter ends as Chesterfield solicitors VHS Fletchers move from Marsden Chambers in to new offices across town at 5 Beetwell.

Chesterfield solicitors have provided representation in criminal cases from that office for many many years.  Prior to VHS Fletchers beginning to practice from that address, Banner Jones solicitors provided criminal advice and representation.

chesterfield solicitors vhs fletchers
VHS Fletchers old offices at Marsden Chambers

Perhaps two of the most immediately recognisable names to have praticed from Marsden Chambers are Chesterfield solicitors Robert Banner and Peter Jones.  Robert specialised in criminal representation for 12 years beginning in 1976 before moving into the field of employment law.  Peter qualified in 1980, and now specialises in family law, having built a successful criminal practice over a number of years.  He continued to represent clients in the criminal field until VHS Fletchers began to provide criminal advice.

Jonathan Taaffe trained as a solicitor at Banner Jones, working from the Marsden Sreet office from 1983. He resigned from the partnership in 2010 and is now a full time District Judge sitting in Derbyshire.

Chesterfield solicitor Denney Lau
Chesterfield crime solicitor Denney Lau

In 2007, newly qualified solicitor Denney Lau joined the Marsden Street office.  He worked there for a little over three years before leaving to join a competitor.  He returned to the building where his career started in 2017, but now for VHS Fletchers.  He was reunited with old colleagues Kevin Tomlinson, Ruth Campbell and Rob Lowe, as well as the text book on representing suspects in the police station that he used to obtain his police station accreditation.

chesterfield solicitor kevin tomlinson
Chesterfield crime solicitor Kevin Tomlinson

In 2009, Chesterfield crime solicitor Kevin Tomlinson joined the offices at Marsden Chambers.  He had been a partner at Kieran Clarke Green solicitors for a number of years.  That firm had decided to give up their criminal contract with the Legal Aid Agency, so Kevin was able to bring his significant following of criminal clients to a new firm.

chesterfield police station representation Rob lowe
Police station accredited representative Rob Lowe

Similarly, in 2010, Banner Jones recruited local sole practitioner Bob Bashforth who had operated as a sole practitioner in Chesterfield for 12 years before joining the firm. He retired in 2016 after continuing for a short period with VHS Fletchers.  Bob now lives in Devon.

In April 2015, VHS Fletchers took over the Banner Jones criminal department and continued to operate from Marsden Chambers.  This was in a direct response to government plans to consolidate the

Chesterfield criminal defence solicitor Ben Strelley
Chesterfield crime solicitor Ben Strelley

market.  These plans, including a flawed tender process, later collapsed but VHS Fletchers have continued to develop the department and are now a well known name in the area.

Since then, in 2016, we have successfully recruited crime solicitor Ben Strelley.  Although working in Sheffield before his move, he lives locally, and has brought an expertise in all areas of criminal law to the firm as well as a desire to achieve the best for all of his clients.

chesterfield crown court litigator Ruth Campbell
Chesterfield Crown Court litigator Ruth Campbell

Of the current line-up, accredited police station representative Rob Lowe is the longest serving employee based at the Marsden Street office.  He began work for Banner Jones in 1999.  He was soon joined by Crown Court Litigator Ruth Campbell.

chesterfield crime solicitor David Gittins
Chesterfield partner and crime solicitor David Gittins

Chesterfield crime solicitor and partner David Gittins and criminal solicitor Gavin Haigh complete the team providing specialist legal advice to those arrested and detained at Chesterfield police station, Chesterfield Magistrates’ Court or Derby Crown Court, as well as places much further afield.

Contact Chesterfield solicitors specialising in crime

Our new address and phone number can be found here from 21 March 2018.  Alternatively you can use the contact form below.

VHS Fletchers has a contract with the Legal Aid Agency.  This means that any advice and representation that we provide in the police station will be free of charge to you.

We will always advise you as to your entitlement to legal aid to ensure that representation before either the Magistrates’ or Crown Courts is affordable to you.

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How to Discharge a Restraining Order

A great many people are subject to restraining orders made under the Protection From Harassment Act 1997.  The orders are designed to protect people from harassment and are commonly made in so-called ‘domestic violence’ cases.  Advice is not given by the court at the time about how to discharge a restraining order.

Of course, life moves on.  It is quite common for old relationships to become re-established. If this should happen before a successful application is made to discharge a restraining order, the person subject to the order is at serious risk of committing a criminal offence.  The offence of breaching a restraining order carries a maximum sentence of 5 years imprisonment.

In other cases a restraining order may have, for example, geographic restrictions that are no longer appropriate.

Whatever the reason, there is a procedure to vary or discharge the order.

Is legal aid available to discharge a restraining order?

Legal aid may be available to a person subject to the order, dependant on a full assessment.

We also offer a competitively priced private client service.

Who makes the application to discharge the order?

The Act says that:

‘The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.’

This is important as it allows the person who is protected by the order to support or even initiate, any application to vary or discharge.

What are the criteria for discharge of the order?

There aren’t any statutory criteria for the court to apply, but case law sets out the following approach:

‘The only question on an application or further application, under section 5(4) of the Protection from Harassment Act 1997, to discharge [or vary] a restraining order made under that section, was whether something had changed so that the continuance of the order was neither necessary nor appropriate.’

It follows therefore that there really must be a compelling case to persuade the court to change its mind based on a change in circumstances.

Where the person protected by the order supports the discharge, the application is much stronger.  In this context the Court of Appeal has observed:

‘This is not a jurisdiction which can be used to prevent an adult from deciding who she wants to live with.  Although any person considering this case would consider that [HJ] is at serious risk of violence from the appellant, she has the right to live with him if she chooses.  It is to be hoped that she is genuinely aware of the risk she is running in doing that, but ultimately she is an adult and free to take those decisions for herself.  The law does not presently permit the criminal court to act to protect victims of domestic violence against the consequences of decisions of this kind which they freely make. Because of our level of concern for her safety, we caused the police to contact her very recently before this case was heard so that her wishes could be ascertained.  She told them unambiguously that she wants this order revoked.’

How we can assist with your application

Firstly we will take your instructions and advise you as to the chances of a successful variation of discharge of your restraining order.

If the application is to be made, we will meticulously prepare an evidence bundle and submissions for the court and present these on your behalf.

If we represented you in the original hearing then we will already have the information relating to your case.  If another firm of solicitors dealt with your case then we will be able to contact them to seek the papers relating to that case.

Please contact the office most convenient to you.  Alternatively you can use the contact form below.

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Discharge for allowing premises to be used for cultivation of cannabis

Nottingham crime solicitor Nick Walsh represented a client appearing before Nottingham Magistrates’ Court charged with permitting her premises to be used for the cultivation of cannabis.

No legal representation in police interview

She had not chosen to seek free and independent legal advice in her interview with the police.  She had made admissions to the offence and had told the police that she had been promised payment by those growing the cannabis.

At the time of the offence, Nick’s client was 19 years old and had never been in trouble with the police or the courts.

Cultivation of cannabis valued at £15 000

The prosecution valued the cannabis as having a resale value in small deals of £15 000.  The sentencing guidelines relevant to this offence of permitting her premises to be used for the cultivation of cannabis suggested that the starting point for the court when considering sentence was a prison sentence of 12 months.  Although our client could expect a reduction for the fact that she had not been in trouble before and because of her early admissions the court would still be considering custody.

Substantial personal mitigation

Nick spent the time needed to discover that his client had substantial personal mitigation.  She had been put under pressure to allow an ex partner to grow cannabis in the loft.  She believed that there were only five plants.  When she found out the true scale of the operation she became very frightened.  She had considered telling her dad.  However, she had been threatened that if she did both she and her child would be in danger.

She was also told that if the drugs were lost as a result of her actions then she would incur a drug debt to the value of the drugs.   Once the police had seized the drugs our client left her home and was homeless.  Despite this, she had gone on to complete her college course and found a job.

Powerful and persuasive advocacy

Through Nick’s persuasive advocacy, the court felt able to depart significantly from the sentencing guideline.  Instead of a prison sentence, or a suspended sentence order or community order, the court imposed a conditional discharge for two years.  This means that unless she commits a further offence during that period she will not be punished for allowing her premises to be used for the cultivation of cannabis.

Instruct a Nottingham criminal defence solicitor

If you know that you are to be interviewed by the police, either by appointment or following arrest, always make sure that you ask for a VHS Fletchers criminal lawyer to represent you.  Our advice is independent of the police and always free of charge.  You can read more about the benefits of having legal advice here.

Legal aid is available for your representation before both the Magistrates’ and Crown Court.  We will advise you on whether you will be entitled and if not investigate other ways of funding your case.

Contact us on 0115 9599550 24 hours a day, 7 days a week for police station advice.  Contact us during office hours for an appointment to see one of our criminal defence lawyers.

Alternatively, use the contact form below.

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