Clients of Newark criminal advocate Nikki Carlisle recently enjoyed a successful week following her representation including representation of a defendant under a section 38 appointment.
Newark crime advocate Nikki Carlisle
Section 38 Appointment in domestic violence allegations
Nikki was appointed by the court to represent a defendant under section 38 Youth Justice and Criminal Evidence Act 1999. This procedure protects vulnerable witnesses from questioning by those said to have perpetrated offences against them.
In this case the person represented by Nikki faced allegations of common assault, criminal damage and resisting arrest.
The limitations of a section 38 appointment mean that Nikki was only appointed in relation to the allegations of common assault and criminal damage. These were the matters that the vulnerable witness would be giving evidence about.
Although Nikki owed a duty to the defendant he was not her client in the usual understanding of that term. As a result, Nikki’s involvement was limited.
she could only ask questions of the single witness in relation to the two charges
she was unable to question the officer about the remaining charge
she did not assist the defendant in giving his evidence in chief through questionin
the defendant did not have the benefit of her giving a closing address to the Magistrates.
Nikki was able to question the witness in some detail, exposing inconsistencies and parts of her account that simply didn’t make sense. No doubt in great part due to this questioning under the section 38 appointment he was found not guilty of both of these allegations.
The defendant was convicted of the allegation of resisting his arrest. It is impossible to speculate whether Nikki’s representation could have made a difference to that verdict as well.
This defendant had been given the opportunity to come into the office to provide instruction so that an application for legal aid could have been submitted. He did not keep that appointment. As a result our involvement was limited.
Had he applied for and been granted Magistrates’ Court legal aid then Nikki’s representation would have been free of charge to him and she could have undertaken all of the work in court set out above, as well as any other preparation needed by the case.
Acquittal following trial for domestic violence allegations
Later in the week, Nikki then represented a client under the Magistrates’ Court legal aid scheme. He faced two allegations of assault and one of theft, all within a domestic setting.
Again, Nikki’s questioning exposed important inconsistencies in the accounts that she had given to the police and the court. The assaults that she described did not agree with the injuries that she said she had received.
The witness also changed her account between making her first complaint and giving evidence in court and no satisfactory explanation was forthcoming.
The case was further complicated by comments that Nikki’s client made while giving evidence that the prosecution argued amounting to an attack on the character of the witness. As a result an application was made to have previous convictions of our client taken into account when a decision was made as to his guilt. Nikki successfully argued that this evidence should not be admitted.
Following Nikki’s closing speech to the court her client was found not guilty of all three allegations.
Shop theft allegations discontinued prior to trial
Nikki was due to represent another client at trial under the legal aid scheme. It involved two allegations of shop-lifting. The issue in the case was whether there had been a lawful identification of her client as the person responsible for the offending.
She had raised in writing the alleged breaches of the code of conduct relating to identification. She repeated the requests for disclosure that would demonstrate that the identification was lawful or a concession that it was not.
In the event, she received a notice of discontinuance. If would perhaps be fair to infer that the the identification procedure had not been conducted in accordance with the law.
Of course, without the benefit of Nikki’s advice and representation the prosecution might not have been put on notice that there were irregularities with the identification procedure. The outcome for her client might have been very different.
Contact one of our criminal law specialists
If you are arrested or know that the police wish to speak to you about a criminal offence then make sure you insist on your right to free and independent legal advice.
This was the response of VHS Fletchers to the consultation paper released by the Legal Aid Agency (LAA) following the notification on 25 October 2017 of the closure of Newark custody suite with effect from 6 November 2017. The suggestion was to merge the Newark duty solicitor scheme with the Mansfield scheme.
All Newark arrests from that date are taken to and processed at Mansfield Custody Suite. The residents of Newark had already lost one public resource, that being the ability of their police station to process prisoners. There was a very real risk that they would lose another – detainees receiving advice from solicitors local to Newark under the Newark duty solicitor scheme.
The consultation document invited responses to three alternative revisions to the Newark duty solicitor scheme and Mansfield scheme. Only one of those appeared to put first the needs of those from Newark who are arrested.
After the consultation document was published there were two important indications from the police that impacted upon the proposals:
Cases that were identified as Newark cases would continue to be charged and either bailed or held to appear at Nottingham Magistrates’ Court rather than Mansfield Magistrates’ Court.
The police would continue to contact the Newark Duty Solicitor Scheme in cases which are identified as “Newark arrests” and would ensure that the Duty Solicitor Call Centre (“DSCC”) was informed in all cases where the detainee was arrested for an offence committed in Newark.
Newark police station
It followed from these indications that Mansfield custody suite was able to and intended to identify cases that had historically been dealt with at Newark police station. As a result, they would be able to direct those who seek the advice of a duty solicitor to a firm local to Newark.
The proposed options for changes to the scheme could be summarised as follows:
That the Newark Police Station Duty Scheme was merged with the Mansfield Police Station Duty Scheme with effect from 1 January 2018 with members of an extended Mansfield scheme covering both Mansfield and Newark police stations.
That the Newark Police Station Scheme was retained as a separate scheme and Duty Solicitors on the Newark rota would be directed by the DSCC to attend at Mansfield police station.
Newark Police Station Scheme retained as a separate scheme and firms post 1 January 2018 could elect to join either the Mansfield police station duty rota or standalone Newark scheme (if retained under option 2)
The LAA indicated that they preferred option 1. The reason given was that options 2 and 3 were reliant upon the police being able to identify to the DSCC “Newark cases”. A more cynical view might be that the LAA and DSCC would have one less scheme to administer under option 1, resulting in an inevitable reduction in administration costs.
Fortunately, since the consultation document was published, the police set out their intention to continue to identify Newark cases at the point of arrest and charge.
As a result, there appeared to be no requirement for option 1 to be adopted unless there were ulterior motives on behalf of the LAA.
VHS Fletchers supported Option 2 for the following reasons:
This firm’s investment in Newark
When new legal aid contracts were to be awarded this firm chose to apply for a contract for a new Newark office. The closure of Newark custody suite was not anticipated.
Newark duty solicitor Ian Carter
The office is staffed with two crime solicitors local to Newark – Ian Carter and Barbara McDonnell. We have since recruited a further Newark based lawyer – Legal Executive Advocate Nikki Carlisle – signalling a clear indication to continue to develop our business there.
Of course, we are in business. The rationale behind the investment that we make in training and recruitment of duty solicitors is that they provide access to new work through the duty solicitor rotas. Option 3 supports those firms who, like us, have chosen to locate their offices in Newark in order to provide legal aid services to that particular community.
Newark deserves its own duty solicitor rota
Newark-on-Trent is the largest urban area within the Newark and Sherwood District. It has a population of just over 37 000 residents. Of the three firms in Newark that currently undertaking criminal Legal Aid work, only our firm has office both in Mansfield and Newark.
Should Option 1 have been adopted, Newark residents who are detained at Mansfield police station may very well be represented by a duty solicitor from a firm who only has an office in Mansfield. It is understandable that suspects will usually choose to have continuity of representation. This might be either whilst they remain on police bail, under investigation or following charge when the matter appears at court.
Prohibitive journey times
However, in seeking continuity, such clients would face a journey of 20 miles simply to see their solicitor to give instructions and take advice. By car that journey takes between 40 and 50 minutes. By public transport this time rises to 1 hour and 30 minutes for a single journey.
The same situation would of course have arisen in relation to residents of Mansfield who were represented by a duty solicitor who only had an office in Newark. It is true that many of those that require the services of criminal legal aid solicitors are vulnerable themselves and on a low income that would make such a journey very difficult.
It was our view that it was both unreasonable and unconscionable to expect those being investigated for criminal offences to have a return journey of three hours simply to see their solicitor. This stress and expense would be imposed on top of the emotional burden that the investigation of proceedings impose on any individual.
Local legal aid solicitors should be supported
Newark duty solicitor Barbara McDonnell
Option 2 supports those criminal legal aid firms who have chosen to locate their offices in Newark. This is in order to provide legal aid services to that community. It would mean that the arrangements within Option 2 could commence immediately following the closure of the Newark Custody Suite. Newark based firms would not have to suffer the inevitable financial hardship of not having access to Duty Solicitor work for a period of two months.
Such a decision might be seen as supportive of a legal aid provider base that it is acknowledged is financially fragile.
Perverse consequences of merging two duty schemes
The perverse consequences of Option 1 would have been to permit automatic access to Newark residents requesting the duty solicitor to firms solely based in Mansfield. Access to such Mansfield residents would have been granted to firms solely based in Newark.
Whilst some firms may have seen there to be a financial advantage in having a place on a merged duty scheme following the closure of Newark custody suite, this would have been to ignore the needs of local Newark residents. Financial advantage should never be allowed to outweigh the impact on those we represent and assist who are often ill-equipped to represent themselves.
On this basis, Options 2 and 3 would have been unattractive and unacceptable to clients where the duty solicitor may or may not have been based geographically convenient to them.
An increase in LAA costs?
Newark Legal Executive Advocate Nikki Carlisle
The LAA will have to budget for increased travel claims from Newark firms to Mansfield custody suite following the closure of Newark custody suite. An additional consequence might have been that the LAA had to fund more instances of advice and assistance in the police station.
It seemed likely that clients, once they discovered where their duty solicitor was based, would want to transfer to a local firm. Where the duty solicitor had been instructed a second fee may be properly claimable by the second local firm nearer to a suspects home address.
Clients to choose for themselves
Following the closure of Newark custody suite, if clients wish to choose a geographically distant firm then that must be a matter for them. To have a geographically distant firm inflicted upon them was a separate matter to be avoided where possible. The risk of a reduction in access to justice was apparent to all who considered the issue. The problem would be avoided by the adoption of Option 2.
Outcome of the Legal Aid Agency Consultation into the Newark Duty Solicitor scheme
The majority view of those who responded to the consultation was that the Newark Police Station Scheme be retained as a separate scheme. This is to be adopted by the Legal Aid Agency.
Duty solicitors on the Newark duty solicitor scheme will continue to be directed by the Duty Solicitor Call Centre (DSCC) to attend Mansfield Police Station upon the identification of a Newark detainee.
The police have confirmed that they will send out a further instruction to all the staff at Mansfield to make sure that they correctly identify with the DSCC suspects who fall under the Newark scheme. Although errors may occur, the police will actively monitor the position.
As a result, the Legal Aid Agency will issue a Newark rota for the period from January to March 2018. This will be subject to additional monitoring and review in late January or early February 2018 to consider if any changes are needed from April 2018 for the following six month rota.
Instruct a Newark crime solicitor
Despite the closure of Newark custody suite, the best way to ensure that you instruct a solicitor local to you if you are a Newark resident is to make sure you ask for VHS Fletchers if you are arrested and detained by the police.
If you know the police want to speak to you, contact us and we will be able to make the necessary arrangements for you to be interviewed.
Should you face proceedings at either the Magistrates’ or Crown Court then we will see you at our Newark office to take your instructions and give you expert advice.
This is the response of VHS Fletchers to the consultation paper released by the Legal Aid Agency (LAA) following the notification on 25 October 2017 of the closure of Newark custody suite with effect from 6 November 2017.
All Newark arrests from that date will be taken to and processed at Mansfield Custody Suite. The residents of Newark have already lost one public resource, that being the ability of the police station to process prisoners. There is a very real risk that they will lose another – detainees receiving advice from solicitors local to Newark.
The consultation document invites responses to three alternative revisions to the Newark and Mansfield Police Station Duty Solicitor Schemes. Only one of those appears to put the needs of those from Newark who are arrested first.
Since the consultation document was published there have been two important indications from the police which impact upon the proposals:
Cases that are identified as Newark cases will continue to be charged and either bailed or held to appear at Nottingham Magistrates’ Court rather than Mansfield Magistrates’ Court.
The police will continue to contact the Newark Duty Solicitor Scheme in cases which are identified as “Newark arrests” and will ensure that the Duty Solicitor Call Centre (“DSCC”) is informed in all cases where the detainee was arrested for an offence committed in Newark.
It follows from these indications that Mansfield custody suite is able to and intends to identify cases that have historically been dealt with at Newark police station. As a result, they should be able to direct those who seek the advice of a duty solicitor to a firm local to Newark.
The proposed options for changes to the scheme can be summarised as follows:
That the Newark Police Station Duty Scheme is merged with the Mansfield Police Station Duty Scheme with effect from 1 January 2018 with members of an extended Mansfield scheme covering both Mansfield and Newark police stations.
That the Newark Police Station Scheme is retained as a separate scheme and Duty Solicitors on the Newark rota will be directed by the DSCC to attend at Mansfield police station.
Newark Police Station Scheme retained as a separate scheme and firms post 1 January 2018 can elect to join either the Mansfield police station duty rota or standalone Newark scheme (if retained under option 2)
The LAA have helpfully indicated that they prefer option 1. The reason given is that options 2 and 3 are reliant upon the police being able to identify to the DSCC “Newark cases”. A more cynical view might be that the LAA and DSCC would have one less scheme to administer under option 1, resulting in an inevitable reduction in administration costs.
Fortunately, since the consultation document was published, the police have set out their intention to continue to identify Newark cases at the point of arrest and charge.
As a result, there appears to be no requirement for option 1 to be adopted unless there are ulterior motives on behalf of the LAA.
VHS Fletchers supports Option 2 for the following reasons:
This firm’s investment in Newark
Newark crime solicitor Ian Carter
When new legal aid contracts were to be awarded this firm chose to apply for a contract for a new Newark office. The closure of Newark custody suite was not anticipated. The office is staffed with two crime solicitors local to Newark – Ian Carter and Barbara McDonnell. We have since recruited a further Newark based lawyer – Legal Executive Advocate Nikki Carlisle – signalling a clear indication to continue to develop our business there.
Of course, we are in business. The rationale behind the investment that we make in training and recruitment of duty solicitors is that they provide access to new work through the duty solicitor rotas. Option 3 supports those firms who, like us, have chosen to locate their offices in Newark in order to provide legal aid services to that particular community.
Newark deserves its own duty solicitor rota
Newark legal executive advocate Nikki Carlisle
Newark-on-Trent is the largest urban area within the Newark and Sherwood District. It has a population of just over 37 000 residents. Of the three firms in Newark that currently undertaking criminal Legal Aid work, only our firm has office both in Mansfield and Newark.
Should Option 1 be adopted, Newark residents who are detained at Mansfield police station may very well be represented by a duty solicitor from a firm who only has an office in Mansfield. It is understandable that suspects will usually choose to have continuity of representation. This might be either whilst they remain on police bail, under investigation or following charge when the matter appears at court.
Prohibitive journey times
However, in seeking continuity, such clients would face a journey of 20 miles simply to see their solicitor to give instructions and take advice. By car that journey takes between 40 and 50 minutes. By public transport this time rises to 1 hour and 30 minutes for a single journey.
The same situation will of course arise in relation to residents of Mansfield who are represented by a duty solicitor who only has an office in Newark. It is true that many of those that require the services of criminal legal aid solicitors are vulnerable themselves and on a low income that would make such a journey very difficult.
It is our view that it is both unreasonable and unconscionable to expect those being investigated for criminal offences to have a return journey of three hours simply to see their solicitor. This stress and expense would be imposed on top of the emotional burden that the investigation of proceedings impose on any individual.
Local legal aid solicitors should be supported
Newark crime solicitor Barbara McDonnell
Option 2 supports those criminal legal aid firms who have chosen to locate their offices in Newark. This is in order to provide legal aid services to that community. It would mean that the arrangements within Option 2 could commence immediately following the closure of the Newark Custody Suite. Newark based firms would not have to suffer the inevitable financial hardship of not having access to Duty Solicitor work for a period of two months.
Such a decision would be seen as supportive of a legal aid provider base that it is acknowledged is financially fragile.
Perverse consequences of merging two duty schemes
The perverse consequences of Option 1 would be to permit automatic access to Newark residents requesting the duty solicitor to firms solely based in Mansfield. Access to such Mansfield residents would be granted to firms solely based in Newark.
Whilst some firms may see there is a financial advantage in having a place on a merged duty scheme following the closure of Newark custody suite, this would be to ignore the needs of local Newark residents. Financial advantage should never be allowed to outweigh the impact on those we represent and assist who are often ill-equipped to represent themselves.
On this basis, Options 2 and 3 would be unattractive and unacceptable to clients where the duty solicitor may or may not be based geographically convenient to them.
An increase in LAA costs?
The LAA will have to budget for increased travel claims from Newark firms to Mansfield custody suite following the closure of Newark custody suite. An additional consequence is likely to be that the LAA has to fund more instances of advice and assistance in the police station. It seems likely that clients, once they discover where their duty solicitor is based, will want to transfer to a local firm. Where the duty solicitor has been instructed a second fee may be properly claimable by the second local firm nearer to a suspects home address
Clients to choose for themselves
Following the closure of Newark custody suite, if clients wish to choose a geographically distant firm then that must be a matter for them. To have a geographically distant firm inflicted upon them is a separate matter that should be avoided where possible. The risk of a reduction in access to justice must be apparent to all who consider the issue. The problem would be avoided by the adoption of Option 2.
Instruct a Newark crime solicitor
VHS Fletchers criminal solicitors – Newark office
Despite the closure of Newark custody suite, the best way to ensure that you instruct a solicitor local to you if you are a Newark resident is to make sure you ask for VHS Fletchers if you are arrested and detained by the police. We offer free and independent legal advice on 01636 614013, 24 hours a day, 7 days a week, 52 weeks of the year.
If you know the police want to speak to you, contact us and we will be able to make the necessary arrangements for you to be interviewed.
Should you face proceedings at either the Magistrates’ or Crown Court then we will see you at our Newark office to take your instructions and give you expert advice.
Please use the contact form below if you wish to email your enquiry.
Nottingham and Newark crime solicitor Lauren Manuel recently gave free police station advice to a client at Newark police station. She showed that just because a person may have committed an offence it doesn’t mean that they should be prosecuted at court.
The client had been contacted by the police to voluntarily attend the police station. The police wanted to speak to her about an allegation of assault. This was said to have taken place at a seaside amusement park. The person said to be assaulted was a security guard.
The Allegation
The boyfriend of our client had been causing trouble at the park. Security staff were trying to throw him out because he was drunk and behaving in a disorderly manner. Whilst they struggled with him, Lauren’s client rang the police to complain about the way the staff were treating her boyfriend. It was claimed that she hit one of the security staff on the head with her phone. As a result of the attack the security guard received an inch long cut to his head. He needed hospital treatment.
Free Police Station Advice
When the police tell a suspect that they want to speak to them voluntarily this is likely to create the wrong impression. The conversation is still a police interview. It will be an interview under caution. It is likely to be recorded. The information that the police gain in interview can be used against a suspect in court.
Lauren’s client realised that she was in a potentially serious situation. She contacted Lauren to tell her about the interview and make arrangements for her to attend with her. Lauren would be able to give her advice and protect her interests during interview. Further, because this was an interview by the police under caution the advice and representation would be free of charge.
When Lauren attended for the interview, it was clear that the evidence against the client was strong. The police had CCTV evidence so she could be clearly identified. They had also traced the call to the police as coming from a mobile phone registered to her.
The nature of the interview meant that any charge would be Assault Occasioning Actual Bodily Harm. If convicted at court she could well have faced a custodial sentence.
Restorative Justice Negotiated
Lauren’s client was a single mother with two small children so was obviously very scared at facing the prospect of a prison sentence. She admitted hitting the security guard although she had not intended to cause him such a serious injury. She was extremely sorry for what she had done, and wanted to apologise to the victim.
As a result, Lauren advised the client to give her account to the police in interview. It would be an opportunity to offer an apology and put forward her genuine remorse.
Lauren was then able to make representations to the police that the matter be considered for a restorative justice disposal. These representations were successful so the prosecution was avoided. The matter was dealt with by her client writing a letter of apology to the victim.
Contact a Newark Criminal Solicitor
This case highlights the importance of instructing a solicitor in a case from the outset. It remains important even where you may have committed an offence. We can help you to secure the best possible outcome for you in the circumstances. We are contracted with the government to provide free police station advice.
Lauren splits her time between our Nottingham and Newark offices. If you are due to be interviewed by the police or have a case before court then please contact her on 0115 9599550 or 01636 614013. To send a message to her directly email her here.
We hold criminal legal aid contracts that allow us to continue representing our existing and new clients under the legal aid scheme from our offices in Nottingham, Derby, Chesterfield, Mansfield and Newark.
Our Newark Office
Our office in Newark demonstrates our commitment to providing advice and representation to local communities who in other ways have been let down by the justice system.
VHS Fletchers NewarkVHS Fletchers Derby office
Newark no longer has a police station where suspects can be interviewed and the Magistrates’ Court closed several years ago. Those appearing in court now have to travel over 20 miles to Nottingham Magistrates’ Court, while those arrested are taken to Mansfield police station, a similar distance.
Local Offices Serving Local Communities
VHS Fletchers has made the decision that we will be able to provide criminal advice and representation in the police station, Magistrates’ and Crown Courts while being based in the heart of the communities that we serve.
We will hopefully contribute to reducing the stress and anxiety that investigations and proceedings can bring by making it easy and affordable for our clients to visit their legal representatives in a local office.
This approach should also allow for our clients to receive continuity in terms of the advisers and solicitors they meet, which we know clients value.
If you face police investigation then advice and assistance at the police station will always be free under criminal legal aid. Magistrates’ criminal legal aid is both means and merits tested, and means tested for the Crown Court.
This defendant had been given the opportunity to come into the office to provide instruction so that an application for legal aid could have been submitted. He did not keep that appointment. As a result our involvement was limited.
