Nottingham crime solicitor Stacey Mighty recently avoided a Newton Hearing for her client before the Magistrates’ Court. A Newton Hearing is a trial of the factual issues in a case.
This allows the court to decide how to sentence a person once they have entered a guilty plea. They arise where there is a difference between the prosecution and defence version of events that would make a difference to sentence.
An unsuccessful Newton Hearing from a defendant’s point of view can have unfortunate consequences. Not only will they be sentenced on facts that are more serious, the defendant will also lose credit for having argued an unsuccessful point.
Different accounts in assault allegation
Stacey’s client faced an allegation of assault. While he accepted that he had committed an assault, he maintained that he had shoved the victim rather than punched them.
The victim of the assault was no longer cooperating with the prosecution, but there remained an independent witness who maintained that they had seen a punch rather than a push. The prosecution argued that this difference in account would in turn make a difference to how our client was sentenced.
Newton hearing avoided
Stacey argued, however, that the version of events were not dissimilar and the issue of whether there was a punch or a push would make no real difference to sentence. The Magistrates agreed and as a result Stacey’s client obtained the following benefits:
he was sentenced on the basis of a push rather than a punch, and
he kept all of the credit provided by his guilty plea
As a result, Stacey mitigated and persuaded the Magistrates’ that the case was not serious enough for a community penalty. Instead her client was fined and ordered to pay compensation.
Contact Nottingham crime solicitor Stacey Mighty
Whether you face a police investigation or court proceedings then you will want to instruct a solicitor with expertise in the criminal law such as Stacey.
Please call her on 0115 9599550 or use the enquiry form below.
It is sometimes the case that a person will make a complaint but then think better of it and not make a formal statement to the police. In these circumstances it is perhaps more important that free legal advice is sought from a solicitor on the police station.
Witness changes mind about complaint
In this case the police had received a 999 call from our client’s girlfriend stating that she had been assaulted. He had grabbed at her and scratched her face.
It appears that she simply wanted Stacey’s client taking away from the scene as once he had been arrested and taken to the police station she declined to make a statement. The scratches had, however, been witnessed by the police.
No solicitor in interview
Our client was spoken to without a solicitor present in the police interview. As a result he did not have the benefit of the free independent advice and assistance that a criminal legal aid solicitor could have provided.
He made admissions to the offence which meant that the prosecution did not need a statement from his partner in order to proceed with the case. His position was aggravated by the fact that he had previous convictions for violence.
Early guilty plea
Stacey advised him to enter an early guilty plea to the charge. She was able to persuade the Magistrates that the assault was minor in nature and did not lead to serious injury. As a result, the court felt able to impose a conditional discharge in the circumstances of this case.
Our client was no doubt fortunate that when the matter came to court he chose to take advantage of the advice and representation that is available under the Magistrates’ Court legal aid scheme. Stacey presented the case in a way that allowed the Magistrates’ to take a lenient view.
Instruct a criminal legal aid solicitor
Whether you face a police investigation or proceedings before the Magistrates’ or Crown Court you will want to instruct an expert to help you prepare and present your case.
Under our criminal legal aid contract our advice and representation at the police station will always be free of charge to you.
If you are financially eligible the Legal Help scheme will allow us to undertake early preparation during the investigation stage, such as seeing witnesses or securing other evidence on your behalf.
The Magistrates’ Court legal aid scheme is means and merits tested. If you are granted legal aid then our services will be free.
Legal aid will always be granted for Crown Court cases subject to means. Dependent upon your circumstances, there may be a contribution from your income or capital. If you are found not guilty of the charges then the money will be returned to you and your representation will have been free.
Please call Stacey at our Derby office on 01332 546818. Alternatively use the contact form below if you wish to discuss your case.
Nottingham criminal duty solicitor Jameel Malik was recently instructed in a sentencing before a District Judge at Nottingham Magistrates’ Court. The case involved possession of a bladed article.
Possession of a Bladed Article
Jameel’s client was to be sentenced for possession of a bladed article. There had been an argument with a shopkeeper. This then led to our client arguing with his friend.
The second argument was witnessed by off duty police officers. When approached by officers, Jameel’s client then ran away. When detained and searched he was found to have a knife on him.
Breach of a Suspended Sentence
The offence put our client in breach of both a suspended sentence order and a conditional discharge. Despite this, Jameel was able to persuade the Magistrates that a probation report ought to be ordered and the case was adjourned for one to be repaired.
Once the report had been prepared, Jameel was then able to argue that in this case it would not be just to activate the suspended sentence. He put forward the following:
the suspended sentence order was imposed for a different type of offence
it had been imposed five months earlier
in that time, his client had been working well with the probation service
The District Judge, who had read the pre-sentence report, was persuaded by Jameel’s arguments. The operation period in relation to the existing suspended sentence was extended by 6 months.
In relation to the offence of possession of a bladed article a new short suspended sentence was imposed.
No action was taken in relation to the conditional discharge.
Contact Nottingham Crime Solicitor Jameel Malik
Nottingham crime solicitor Jameel Malik
Whether you face a police investigation or court proceedings you will want to instruct a solicitor who will seek the best result for you in your circumstances. You can telephone Jameel on 0115 9599550. Alternatively you can use the form below.
Nottingham criminal legal aid solicitor Martin Hadley was instructed in a case alleging assault upon two staff members at a local hospital. Eventually the prosecution was persuaded that it was not in the public interest to continue with the prosecution. It was no doubt a shame that this sensible review did not take place sooner, bearing in mind the vulnerabilities of his client.
Police interview at home without a solicitor
Martin’s client had been interviewed by the police regarding these assaults. The interview was undertaken at the client’s home address and without the benefit of legal advice. Although such an interview technique might create the impression that the police are not taking the matter particularly seriously, the evidence gathered through interview carries just as much weight if gained at a police station in a formal interview.
Second legal aid solicitor instructed
This firm was first instructed by our client after another firm of solicitors had failed to secure free criminal legal aid for her. This resulted in an earlier trial being adjourned because the steps necessary in her defence had not been taken.
Martin took the time to speak with our client’s carer. He obtained instructions as to our client’s income and this allowed an application for legal aid. This was granted without difficulties. Unfortunately, owing to her health difficulties our client was unable to provide us with clear instructions regarding the criminal charges.
Eventually Martin received the papers relating to her case from the former solicitors. He read the papers and discovered that the allegations involved assaults on two nurses at the hospital. For understandable reasons, where a person is convicted, the courts will always take such matters seriously.
Argument that our client was acting lawfully
The nurses would give evidence that a doctor from the Mental Health Unit had asked for the client to be detained so that staff at the relevant ward could undertake a full mental health assessment. The nurses who were dealing with our client at the time did not have training on how to deal with patients with mental health difficulties.
Our client decided to leave the hospital. The staff attempted to restrain her and at that time she was said to have assaulted the nurses.
Upon a review of the file Martin decided to approach the case from two angles to try and secure the best result for his client. Firstly, he pointed out to the prosecution in correspondence that there was currently no evidence that the nurses had a power to detain his client under the Mental Health Act. Without such authority then it could be argued that his client was free to leave the hospital. This meant that any attempts to detain her would have amounted to unlawful force and so our client would be entitled to resist. This would mean that the alleged assaults were not unlawful.
Despite various requests by the prosecution, the hospital was never to release a copy of the order or the relevant notes relating to the incident. Delays in the trial being heard because of this.
How could it be in the public interest to proceed?
The issue of lawful authority being pursued so Martin’s second aim was to try and persuade the CPS to discontinue the proceedings. He argued that it would not be “in the interests of justice” to continue with the proceedings because of the circumstances.
The client was clearly suffering from an illness that required treatment at the time of the allegations. She had no recollection of the incident due to what was believed to have been a psychotic attack. This contention was backed up by the fact that the client was subsequently detained under the Mental Health Act following the incident.
Martin made lengthy representations to the prosecution because of these health issues. The health problems were continuing, and a further period of detention had followed under the Mental Health Act. Specific guidance from the prosecution and the National Health Service suggested individuals should not be prosecuted because of their illness.
Late decision by prosecution means that case dropped on day of trial
Despite this clear guidance and irrefutable medical evidence the prosecution would not make a final decision as to withdrawing the case. Fortunately, the prosecution discontinued the case on the day of the trial, although numerous attempts had been made to secure that outcome prior to the trial date.
Criminal Legal Aid in the Magistrates’ Court
We know how important it is to secure affordable representation if you face proceedings in the Magistrates’ Court. There is both a merits test and a means test but we will help you complete the forms. This is so that you have the best chance of passing both.
Even if an initial decision is made that you have too much income, we will provide you with advice about pursuing an exceptional hardship application to try and ensure that you receive free legal aid. This is because as a legal aid solicitor we specialise in this type of advice.
Instruct a Nottingham criminal legal aid solicitor
Nottingham criminal solicitor Martin Hadley
If you wish to instruct legal aid solicitor Martin Hadley then please telephone him on 0115 9599550. Alternatively, you can contact him using the form below.
Nottingham crime solicitor Alex Chapman represented a client before Nottingham Magistrates’ Court for allegations of fraud. This was a DWP prosecution. The particular circumstances were such that he was able to persuade the prosecution that it was not in the public interest to continue with the prosecution. His client therefore kept her good name.
DWP Prosecution alleges £17 000 fraud
The allegations faced were charged under the Fraud Act 2006. The offence were based on a fraudulent claim for benefits between 2011 and 2013. The case was serious because there had been an over payment of benefits of approximately £17 000.
Alex’s client had been interviewed by the DWP, Shortly afterwards she had been offered a job abroad so left the country. She was summonsed to attend court in 2014 but was unable to attend the court dates. As a result the Magistrates’ Court had no alternative but to issue a warrant for her immediate arrest.
Despite failing to attend court our client had done her best to put herself in a favourable position. She had paid off the debt in its entirety while in work although this had taken her two years to achieve. She also made contact with the court to fix a date to surrender to the warrant.
All of the money repaid by our client
It was at this point that we were instructed and she informed us of the date. Once Alex was involved he gave her advice as to the likely sentence for this offending. As this was a prosecution under the Fraud Act 2006, the position was immediately more serious than had it been a prosecution for over-claiming benefit. The position was aggravated because of the allegation that the claim had been fraudulent from the outset. The Magistrates’ were likely to commit the matter for sentence upon a guilty plea because of this, and custody was likely.
Representations lead to withdrawal of DWP prosecution
At court Alex took the opportunity to speak with the prosecutor. His discussions were designed to see whether the prosecution could be persuaded to abandon the prosecution as not being in the public interest. This would be because:
his client was of good character
all of the over-paid benefits had been repaid
the offending was several years old
the chances of re-offending appeared slight
the fact that she lives abroad would mean that community elements of any sentence could not be imposed
Alex’s representations were successful so proceedings were withdrawn. As a result, all the attendant risks for his client vanished and she kept her good name.
Affordable fixed fee representation
Alex’s client was not financially eligible for free advice and representation before the Magistrates’ Court. As an alternative he was able to provide her with a fixed fee cost of his representation. She could budget for these costs because of this.
Positive Client Feedback
Perhaps unsurprisingly, bearing in mind the result that Alex achieved on behalf of his client, she was prompted to provide the following feedback:
“Words cannot describe how thankful I am to you. It’s an incredible feeling and I appreciate your help and support. ”
“I would like you to bear in mind that if at any point in your career you require a client reference, you will always have my positive feedback on your fantastic work.”
Contact a criminal solicitor in Nottingham
Whether you face an interview under caution with an investigator or a DWP prosecution before the Magistrates’ or Crown Court you will want to instruct an experienced criminal solicitor. If you do so you will have the confidence that they will know what can best be achieved on your behalf in the circumstances that you face.
Please do not hesitate to contact us on 0115 9599550. You can also use the contact form below.
Nottingham crime solicitor Lauren Fisher represented her client at Nottingham Magistrates’ Court who was charged with assault. After she properly identified that the issue in the case was identification evidence, the prosecution did not manage to secure the evidence that her client was responsible in time for trial. Not guilty verdicts followed.
The allegation
A member of the public had seen two males being assaulted so went to their aid. Both males are drunk and in company with a female. One of the males then becomes aggressive and pushes the female before attempting to hit the person who had been helping them.
Although the male walks away with the female he is followed by the member of the public. He is then seen to kick the female and swing her around by her bag. He calls the police because of his concerns.
When the police arrive, no complaint is made by the female. Lauren’s client is in a group of three males by this time. He is spoken to by the police and taken home, but then received a notification that he had to attend court.
No identification evidence…
Lauren advises him on the statements received. There is not a statement from anybody identifying him as the person who either swung for the member of the public or kicked the female. He enters not guilty pleas. Lauren makes it clear on the case management form that identification will be the issue in the case.
…and still no identification evidence
Despite this, the prosecution serve no additional evidence until the morning of trial. This is in an additional statement from the eye witness stating that he had pointed out the male to the police. There was, however, no corresponding statement from the police officer confirming that if was Lauren’s client who was identified.
The prosecutor had to therefore make an application to adjourn the trial to try and put right this evidential problem. The was opposed by Lauren, bearing in mind the time the Crown had had to secure any evidence. The Magistrates’ decided that it was not in the interests of justice to grant the prosecution the adjournment. As a result the prosecution had no alternative but to offer no evidence. The charges were dismissed and Lauren’s client was found not guilty.
Contact a Nottingham Criminal Law Solicitor
Nottingham crime solicitor Lauren Fisher
Whether you face a police investigation or Magistrates’ or Crown Court proceedings you will wish to instruct a specialist criminal defence lawyer with an eye for detail who will fight your case. This can be particularly important in cases involving identification evidence. The identification might be by eye witnesses, from CCTV or from forensic evidence so the legal approach will be different in each case.
Nottingham crime solicitor Lauren Fisher recently represented a client at a Magistrates’ Court trial. The case was an emotive one because it was alleged that he had assaulted his young son by dragging him from one room to another.
Police attended at the address later in the day following a report by the mother that Lauren’s client was preventing her from leaving the address. This informs police that she saw our client drag the child by his feet earlier in the day. The child confirmed this at the time and there was a visible injury.
Young witness support defence account
The child provided a video statement. Although the child was originally a witness for the prosecution, a review of the video evidence showed that the account given was inconsistent with that of the adult witness.
This final account supported what Lauren’s client said about the incident – the child had been playing with a knife so our client intervened, took the knife and dragged the child away by the hand. As a result there was no unlawful assault.
Lauren took the unusual step of serving this interview on the prosecution so that she could invite the Crown to agree the evidence. As an alternative a hearsay application was served because nobody with care of the child was prepared to allow the child to come to court. Lauren shared the view that the child should not need to be present at court.
Prosecution failure to comply with duty of disclosure
The day before the trial the prosecution had the case listed for a Case Management Hearing. The Crown had failed to comply with its duty of disclosure. Agreement is sought to adjourn the trial in the absence of Magistrates but Lauren did not agree. Her client did not wish further delay in the case so the case was adjourned to the trial date.
On the morning of the trial the prosecution still do not have the information it needed so a further application to adjourn is made. Lauren insisted that the prosecution present a proper chronology of how the Crown had dealt with disclosure.
When the Crown presented the chronology it was clear that the reviewing lawyer had requested information that undermined the credibility of the remaining witness. The lawyer had made the request time and again but it had been ignored by the police.
Eventually the police confirmed that there was such information but still did not pass it to the prosecution but it was not available for the trial.
Prosecution adjournment opposed
The prosecution adjournment was sought on the basis of the public interest in a charge of this nature being heard properly. Lauren opposed the adjournment on the following grounds:
there was the likelihood from the outset that the witness was not telling the truth
the child involved confirmed there had been no offence committed
the proceedings were causing problems for her client before the family court
summary justice should mean speedy justice so the prosecution and police should not be allowed to ignore the rules
A not guilty verdict was recorded
The District Judge considered the representations and refused the adjournment request. As a result the prosecution were not in a position to proceed and offered no evidence. A not guilty verdict was entered.
Instruct a criminal law specialist
Nottingham crime solicitor Lauren Fisher
Whether you face police investigation, Magistrates’ Court trial or Crown Court proceedings you will want to instruct a specialist in criminal law who will spend their time trying to secure the best result for you.
If you wish to instruct Nottingham criminal defence solicitor Lauren Fisher then you can telephone her on 0115 9599550 or contact her using the form below.
Nottingham crime solicitor Alex Chapman represented a client at Nottingham Magistrates’ Court. The allegations arose out of an alleged road rage incident.
The case proceeded to trial and after witnesses had been called Alex addressed the Magistrates on the evidence. Our client was found not guilty.
The Allegation
It was said to be a road rage incident. The complainant and Alex’s client were said to have pulled over in their vehicles. They then got out of their cars and confronted one another.
The complainant told the Court that our client punched him twice without provocation. Alex’s client denied punching the complainant in his police interview. Instead he said that he did have to push him backwards to defend himself. This was only after the complainant had tried to punch him first.
Command of the evidence allowed focused questions
Alex’s command of the evidence allowed him to cross-examined the complainant in detail. In particular he asked him about several comments he had made to the police in his statement. He had not repeated them in court.
For example, he had stated that when he got out of his car his ‘blood was up’. He accepted that he had been swearing at our client. The complainant also said that he practised mixed-martial-arts. A belief had been expressed that he could have ‘wiped the floor’ with our client if he had wanted.
These comments were capable of raising a doubt as to who was the aggressor. The Magistrates might be suspicious of the complainant’s motives for withholding this information.
The complainant’s wife gave evidence as well. Under careful cross examination Alex brought out a number of discrepancies. The effect of this was to cast substantial doubt over the Prosecution case.
Our clients was a victim of road rage
Alex’s client gave evidence. He explained that his wife, mother-in-law and two young children were present at the scene. The Court was told Court that the Complainant had been acting extremely aggressively. The complainant swung a punch at him first so he had little choice but to push him away.
Our client’s wife also attended to give evidence, Although extremely nervous, she gave an account entirely consistent with that of her husband.
Burden and standard of proof
In order to convict our client the Magistrates’ had to be sure of his guilt. He did not have to prove anything. Alex addressed the Magistrates in his closing speech. Discrepancies in the Prosecution case were highlighted to the Court. Alex reminded the bench of the level of aggression expressed by the complainant in his original police statement.
It appeared that the complainant had been unable to contain his own bravado when he had spoken to the police officer. This revealed the truth of the incident.
In the circumstances Alex’s client had little reason to have punched the complainant without provocation as described.
On considering all of the evidence the Magistrates decided that Alex’s client was not guilty.
Free legal aid funding
Alex’s client was financially eligible for legal aid to ensure his free representation before the Magistrates’ Court.
Contact a Nottingham criminal defence lawyer
If you are under investigation by the police or face court proceedings then you will want to seek expert advice and representation in your case.
The trial here was at Nottingham Magistrates’ Court. Alex’s client lived in the Chesterfield area. Alex was able to see him at our Chesterfield office to prepare his case. This prevented a lengthy, expensive and inconvenient journey for him and his family. We will always seek to prepare your case in the most convenient manner for you.
Derby criminal solicitor Nick Wright recently dealt with a client before Derby Magistrates’ Court. She faced an allegation of racially aggravated assault. Following a two day trial she was found not guilty.
Nick initially dealt with his client as duty solicitor. Having met him, he applied for legal aid and she chose to continue to instruct him at trial.
A strong prosecution case
The prosecution case was apparently strong . Four prosecution witnesses were called, each of them maintaining that Nick’s client was guilty of the offence.
All of the witnesses said that Nick’s client grabbed the complainant’s clothing, punched him and made reference to his nationality. A claim was made that he’d been bullying our client’s daughter.
Racially aggravated assault allegation fabricated
Our client claimed that the allegation of assault was made up. The complainant had been bullying the son, and this allegation was part of that. No racist language was used.
Fortunately, Nick was able to call his client’s teenage son and another person present to back up this account. Owing to the son’s age, Nick successfully applied for Special Measures so that he could give evidence from behind a screen.
Although she provided helpful information, the other witness was reluctant to attend. As it was crucial that all relevant and helpful evidence be before the court, Nick applied for a witness summons that compelled the witness to attend court.
Such active preparation by your criminal defence lawyer is crucial if you wish your best case to be before the Magistrates.
Contact a Derby Criminal Solicitor
If you are being investigated by the police or face court proceedings then please contact Derby criminal defence lawyer Nick Wright on 01332 546818 or email him here. If you face proceedings elsewhere then you can find your local office here.
Mansfield crime solicitor Tim Haines recently dealt with a drink drive sentence for a client who was nearly four times the legal limit to drive. Careful mitigation permitted the client to avoid what appeared to be an inevitable prison sentence.
Four Times the Drink Drive Limit
The background to the allegations was that Tim’s client had called an ambulance for his friend who had become unwell. Unfortunately he chose to follow the ambulance in his own vehicle. He was stopped by the police in the hospital grounds. He provided a sample of 139 in breath at this time, following it up with a sample of 136 in breath at the police station. The legal limit is 35.
Credit for Guilty Plea
On taking instructions, Tim advised the client as to the strength of the evidence and credit for a guilty plea. As a result, the client entered a timely guilty plea. He abandoned an intention to argue that his drink had been spiked. The level of reading would, in effect, prohibit the success of such an argument.
The reading meant that the Magistrates would be considering a custodial sentence, but this was also our client’s second conviction for drink driving within 5 years. His previous case had been dealt with by way of a community order due to that high reading.
He had been disqualified from driving for a significant period but had successfully completed the drink drivers rehabilitation course thereby reducing that driving ban imposed by a quarter.
Although a prison sentence could easily have been justified for the current offence on the basis of current sentencing guidelines, bearing in mind the reading and the previous recent conviction, Tim was able to persuade the court to impose a suspended term of imprisonment with rehabilitation requirements attached.
Detailed and Careful Mitigation
Following the mitigation put by Tim, the Magistrates stressed that they had drawn back from an immediate prison sentence due to the detailed and careful mitigation advanced by Tim. This recognised that the sentencing process should combine both punishment and the rehabilitation of offenders.
Tim’s client was understandably relieved following the sentencing hearing.
Contact Tim Haines
If you face criminal investigations or proceedings then please contact Tim Haines immediately on 01623 675816 or email him here.. He will advise you as to how best to proceed in order to secure the best result for you, whether at the police station, Magistrates’ or Crown Courts.
