Tag Archives: magistrates

News

Police Assault – Not Guilty Verdict

Nottingham crime solicitor Louise Wright was recently instructed in a case alleging police assault at Nottingham Magistrates’ Court. After a full day of trial her client was found not guilty after careful application of the relevant law.

Alleged Police Assault

Police were called to an alleged domestic disturbance.  Upon arrival, a female is standing outside the  address with her children.  She stated that her ex-partner was inside the address, refusing to leave.  The police officers entered and spoke with the male who they claimed refused to leave the property.

police assault nottingham criminal solicitor
Nottingham Magistrates’ Court

The prosecution’s case was that our client was arrested for a breach of the peace.  He was said to have been initially compliant but upon being taken to the police car he began to resist.  This resulted in CS spray being used and her client being placed in leg restraints.

The officer sustained a cut to her hand during the incident.  As a result our client was further arrested for assaulting the officer in the execution of her duty.

Two Part Defence

The client’s defence had two parts:

  • that the officer had not arrested our client or explained why he was being taken against his will
  • that an arrest for breach of peace will only be lawful if the threat of the breach is imminent.

Louise argued that as the concept of a breach of the peace was loosely defined, the powers afforded to those who intend to stop or prevent a breach should be closely scrutinised by the courts to ensure that there has been no undue interference with respect of Article 5 rights.

The magistrates were referred to the leading authority of R v Howell [1982].  This defined what a breach of the peace was. Agitated or excited behaviour, not involving any injury, nor any verbal threat, cannot be a breach of the peace.

A more recent case of Hawkes v DPP [2006]  decided that language and an abusive aggressive manner might justify an arrest on the ground of an apprehended breach of the peace.  To be arrested for an actual breach of the peace there had to be an incident of violence. As a result, as in Louise’s case, verbal abuse and a refusal to get into the police car did not amount to such an incident.

Closing Speech

At the conclusion of the case, Louise argued before the Magistrates that there had been no breach of the peace.  As a result the officers did not have a power if arrest.  As a result, their purported arrest was unlawful and Louise’s client’s behaviour, by contrast, was both lawful and reasonable.  Additionally, there were inconsistencies in the police evidence that did not assist the prosecution’s case.

Having considered the evidence and the submissions the Magistrates found Louise’s client not guilty of the charge of police assault.  Her client felt that in all of the circumstances he had been wronged, and as a result he was extremely appreciative that Louise had undertaken the detailed analysis of the evidence and the issues that allowed the right verdict.

Contact Louise Wright

If you have a case that involves the need to challenge police evidence, such as police assault, then please contact Louise Wright on 0115 9599550 or email her here.

News

Drink Drive Sentencing in Mansfield

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.

drink drive criminal solicitor mansfield
Mansfield Magistrates’ Court

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.

News

Peer Review Confirms Our Client Focus

A Peer Review is a requirement of our contract with the Legal Aid Agency.  A random selection of files are made.  A reviewer will examine how we have dealt with client matters across all of our offices.  vhs fletchers peer reviewThis process is purely on the basis of the information recorded by our lawyers on the files supplied.

Our clients will know that we have worked very hard to ensure consistency of approach whether you see a solicitor at Nottingham, Derby, Chesterfield, Mansfield or Ilkeston.  We are pleased to be able to report that the reviewer agreed that we have been successful.

Following the random sampling, a number of positive aspects of our service were identified by the independent reviewer.

“Good Outcomes for Clients”

The adjudicator found evidence that we are “securing good outcomes for clients in all categories of work” – at the police station, Magistrates’ and Crown Courts.  These were evidenced by clients being refused charge, having the benefit of submissions of no case to answer or receiving sentences that were a significant departure from the published guidelines.

“Timely and Realistic Advice”

The reviewer noted that as a firm we ensured that our clients are “given timely and realistic advice about the strength of the evidence against them”.  We showed that this advice allowed clients to secure the maximum available credit for early guilty pleas.  Indications of culpability for lesser charges were given early, again maintaining credit when the Crown finally accepted the account given by our client.

“Pro-active”

“Pro-active steps were taken” to seek full instructions early in cases to allow the early drafting of, for example, a basis of plea, that was agreed with the prosecution prior to the first Crown Court hearing.  This allowed the client to be sentenced in a manner favourable to him.

“Readily Understandable Advice”

Our “clients were given clear and readily understandable advice about the strengths and weaknesses of the prosecution and defence cases and their prospects at trial”.  Our clients “were able to make fully informed decisions about their case”, with the advice given in plain English and clear, readily understandable terms.

“Actively Pursued Disclosure”

These strengths were combined with our “pro-active approach to the preparation and management of cases”.  It was observed that we “actively pursued outstanding disclosure issues” on behalf of clients, whether cases were at the Magistrates’ or Crown Court.  The strengths or weaknesses of the prosecution or defence cases were kept under constant review.

“Client Focussed Approach”

Our approach to managing client appointments, the provision of advice in person and in writing and our regular updates on cased “increased the prospects of our clients engaging in the preparation of their cases and provided further evidence of our client focussed approach”.

Contact Us

vhs fletchers locations
Our Offices

VHS Fletchers have offices across the East Midlands.  We offer representation in criminal cases from the police station through to the Court of Appeal.  Independent reviews of the quality of our advice such as these can give you confidence in instructing this firm to represent you.

Please find you nearest office here, or email us here.  We look forward to hearing from you.

News

Feedback from Nottingham Clients

We have started to analyse the client feedback for the Nottingham office, and are again pleased by the positive comments about the individual lawyers and the firm generally.  Although we could not set out all of the positve comments for all of the solicitors, a few comments properly reflect the general tone of those who replied to our request for client feedback.

One client commenting about a Magistrates’ Court case handled by Nick Walsh said ‘I found VHS solicitors more helpful than others.  The solicitor I have is very good at his job.  Very satisfied with the help and information throughout my case’.

Another commented that Nick was ‘understanding, non-judgemental and invaluable in [his] compassion’.  Further clients said of him ‘used previously in a case, brilliant service both times’ and ‘you took time to listen’.

Finbarr Hennessey, a Magistrates’ Court Advocate known for making extra efforts on behalf of his clients,  is described in similar terms by a number of clients – ‘The solicitor I have is very good at his job’, ‘A1 Service thank you’ and ‘Finbarr Hennessy is an excellent solicitor and needs no improvement’.

It is all the more pleasing to note that, despite moving firms to us when Campion & Co solicitors stopped undertaking criminal work that his clients found their way to us and continue to receive the high level of service from Finbarr that they had grown used to.

Senior Crown Court Litigator Caine Ward deals with a high volume of the most serious of cases where the stakes, in terms of outcome, are particularly high.  A similar theme is revealed within the answers to our requests for client feedback – ‘You took the time to listen to us’ and ‘you listen to people and take time to understand even when people get mad’.

Caine is described as ‘Professional, courteous, informative and friendly’ and providing ‘great service, great experience and very professional and friendly’.  As a result another client stated ‘I have recommended people to you’.  The latter is perhaps the greatest compliment, that a client has been pleased with the level of service received and referred others to us.

Derek Brown deals with clients in the police station and before the Magistrates’ Court.  He is described as being ‘comfortable to talk to and very supportive under the circumstances’.  He ‘couldn’t get better’ and ‘helped me understand what was happening’.

In one particular case, Derek was unfortunately unable to provide the usual continuity of representation, but the client view was that the firm offered a ‘good legal team, it was a very good service’.

Finally, Julia Haywood has received feedback that would be unsurprising for all clients that met her.  One client said ‘I thought you were fantastic from day one.  You were very supportive to my family before and after sentence’.  Another mentioned that he was ‘treated with respect and dignity at all times’.

Further clients found Julia ‘helpful and understanding’ and a solicitor who provided ‘a professional service’.

Additional client feedback can be found here and here.

VHS Fletchers would hope that all of these comments demonstrate that we are a firm that you can trust with any matters relating to criminal defence.  If you wish to speak with one of our experienced lawyers please contact your nearest office here or contact us by email here.

VHS Fletchers Nottingham

News

Client Feedback for Chesterfield

We are beginning the process of analysing the client feedback questionnaires that we have received over the last 6 months and will have the full analysis soon.  The comments will soon appear on a testimonials page, but we have taken the view that testimonials should be current and regularly updated.

Client satisfaction is important to us, and of course key to securing of repeat business or referrals onwards to family, friends or associates.

As a result, at the beginning of the process, it is gratifying to note some of the Feedback for the Chesterfield office.  Kevin Tomlinson is described by one client as doing ‘the best for me as I’m sure you do others’.  He describes contact being very easy to make, and previous dealing meant that the client and his family ‘knew we would get good service’.  He offered a ‘big thank you’ for Kevin’s support and honesty.

A second client commented that Kevin provided a ‘courteous, professional service, [feeling] fully represented in a fair and honest way to obtain the best outcome’.  This client has chosen Kevin as advocate on the basis of a favourable review from a neighbour.

Rob Lowe represents clients in the police station.  A client who had chosen to use our firm following an internet search had this to say about Rob – ‘Your help was very good and informative…I have only good comments to make about your service’.

A client who met Rob when he asked for the Duty Solicitor gave the following client feedback:  ‘Rob Lowe was excellent in advising me on everything’ and would be certain to recommend him to others.

David Gittins has only been working in Chesterfield for 15 months and as a result wouldn’t be known to clients who had previously dealt with the criminal department of Banner Jones solicitors who previously undertook criminal work from this office.  As a result, it is pleasing to here that a client of Banner Jones made the following comment about David – ‘Your service to me was excellent and the outcome was better than expected.  Thank you.’

Another client who used David through ‘word of mouth’ described ‘a very good service with no hassle’.

A Crown Court client made full use of the questionnaire to praise Ruth Campbell for the work that she and his in-house barrister Steve Gosnell  undertook on his behalf.  He describes the service as ‘excellent in all areas’ and described how he felt he was treated fairly and that the barrister ‘…was always direct and very professional’.  He was pleased that he had the benefit of legal aid that was free to him, and he extended thanks to everyone involved.

Prospective clients will soon be able to read more client feedback once we have updated the website, in order to be assured of the high level of quality advice and representation that this firm provides across all five offices and nationwide.
VHS Fletchers Chesterfield office