Tag Archives: not guilty

News

Robbery in a dwelling trial at Lincoln Crown Court

robbery in a dwelling
Nottingham solicitor advocate Lauren Fisher

Nottingham solicitor advocate Lauren Fisher recently represented a client before Lincoln Crown Court.  He was jointly charged with another with a single allegation of robbery in a dwelling.  Two other defendants were involved in the trial. One defendant had already pleaded guilty to his involvement in two robberies, and our client was jointly charged with one of those robberies.

This was in effect a re-trial, an earlier trial having been abandoned due to the prolonged bad weather.

Robbery in a dwelling house

The charge that affected Lauren’s client was one of robbery in a dwelling.  The prosecution case was that he, along with the co-accused, had attended the house of the victim.  A taser had been produced.  Demands were then made that a large sum of money be transferred using internet banking.  In the event only half the amount was transferred, but the victim was forced to contact the bank by telephone to authorise the transfer.

Afterwards, it was said that our client and the co-accused left the property together.

Lauren’s client accepted that he had been present at the incident.  He had given his friend, the co-accused, a lift to the address and gone in because his friend did not know how long he would be.  At not time had he seen a taser, or hear the noise of one being discharge.  He did not know that money was to be stolen.

Once in the property the co-accused locked the door.  Once he was locked in, our client was unable to leave.  He took no part in the robbery and was as frightened as the victim of the offence.

The issues for trial

The important issues in the case were:

  • did our client know about the other robbery on the indictment that also involved this victim?
  • had he seen the taser at the point of entry?
  • could the prosecution establish that our client had knowledge of what was to happen before we entered the address?
  • had he participated in the offence at all?

The case involved careful cross examination of a witness who had been subject to two frightening robberies, in particular the second incident that we were charged with.  It was not disputed that either robbery had taken place, just whether our client was involved in any way.

As it was a re-trial, part of the preparation involved listening to the earlier evidence recorded on the court DARTS system.  This would allow cross examination on any inconsistencies between the statements and that evidence, and any evidence given at this trial.

Careful cross examination by solicitor advocate

Through cross examination Lauren was able to confirm that it would not have been inevitable that her client would have seen the taser.  The victim was not sure at which point they had seen the taser.  He also changed his account as to whether our client had left the house or not.  He perhaps struggled, in the end, to point to anything that our client had done or challenge the suggestion that we were scared of what was going on.  There were inconsistencies in his evidence that could not be explained.

A persuasive closing speech

Lauren had to approach her closing speech carefully.  She did not suggest that the victim was lying. Instead, she highlighted that it was likely that the witness believed what he was saying, but was mistaken.  Although he had been a victim of a crime, the nature of the incident meant that he was easily confused about the detail.

The jury was directed towards the burden and standard of proof and how that related to all the evidence that had been heard.  Having heard all of the evidence and the speeches in the case, Lauren’s client was found not guilty.

This was fortunate for her client, as the starting point after trial for an offence of robbery in a dwelling house in circumstances such as these was thirteen years in prison.

Instruct VHS Fletchers in your Crown Court case

We use a combination of in-house solicitor advocates and barristers, as well as specialists from the independent bar, to ensure that you have the representation that you need for your Crown Court case.

We aim to provide continuity of representation with a litigator and advocate assigned to your case at an early stage.

You can read more here about why you might want to consider instructing us as your solicitor.

Follow this link to see how we prepare serious cases of sexual assault for trial at the Crown Court.

You can read some examples of cases successfully defended at trial by our solicitor advocates both here and here.

You can contact us through your nearest office.  Details can be found here.

Alternatively you can use the contact form below.

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News

Why was Ben Stokes found not guilty?

Who is Ben Stokes?

Ben Stokes is the England cricketer who was charged with affray and acquitted by a jury.

But the video showed him hitting someone?

It did, his defence was that he was acting in self-defence, you can hit someone and still be not guilty of an offence in certain circumstances.

 

Why did the Crown Prosecution Service (CPS) charge him then?

It is not for the CPS to decide whether or not a person is guilty, its role is to assess whether there is a reasonable prospect of conviction, if there is sufficient evidence to proceed and it is in the public interest to do so.

In this case, the issue was for the court or jury to decide whether or not he was acting in self-defence or of another.

How does a jury make their decision?

Jurors are not allowed to discuss their deliberations with anyone outside of the jury room, so we can never know what discussions took place.

You can read more about how jury trials work here.

The Judge provided them with a “route to verdict” document which sets out the questions that the jury needed to ask themselves before coming to a verdict.

 

What was the “route to verdict”?

  1.  Did Ben Stokes use, or threaten violence towards another? If no, not guilty, if yes move to the next question.
  2. Did he genuinely believe that it was necessary to use or threaten that violence so as to defend himself and/or another?
  3.  If yes, was the force reasonable in the circumstances he perceived them to be? If it was, then the verdict is not guilty.
  4. If no, move to the next question.
  5. Was the conduct of all of them, taken together, such as would cause a person of reasonable firmness present at the scene to fear for his personal safety? If yes, the verdict is guilty, if no or it may not have been, the verdict is not guilty.

What is reasonable?

 The jury was given further guidance that only the use of reasonable force can be lawful.

A person who genuinely thinks he or another is about to be attacked may react on the spur of the moment. He cannot realistically be expected to weigh up precisely how much force he needs to use to defence himself or that other person.

If he has done what he honestly and instinctively thought was necessary, then that would be strong evidence that it was reasonable. On the other hand, using force out of all proportion to what he genuinely anticipated might happen to him or another, then that would be unreasonable.

 

How can our expert criminal solicitors help?

We will be able to give you advice as to the strength of the evidence in public order offences, the availability of defences and likely sentence upon conviction.  You will always be helped by seeking this advice at the earliest possible opportunity.

As a result, if you are arrested for a public order offence or know that the police wish to speak to you about an offence of then 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.

ben stokes not guilty
VHS Fletchers offices across the East Midlands

In this case, Ben Stokes elected to be dealt with at the Crown Court rather than the Magistrates’ Court, we can advise you on the options available to you and the consequences of those options.

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News

What is entrapment? Is it a defence?

Agent provocateur is French for “inciting agent”, an entrapment situation where a person is enticed, incited or encouraged into committing an offence that he would not have otherwise committed.

How does it relate to criminal law?

The police frequently use undercover police officers in relation to drugs offences. An officer becomes familiar with local drug users and suppliers, and evidence for supply-related offending is obtained.

If the officer asks the suspect for drugs is he an agent provocateur, is he an “inciting agent”?

Some people would try to argue he is and that they wouldn’t have committed the offence unless he had asked them. The difference is between the officer causing the offending and merely providing an opportunity for it to be committed with the officer rather than someone else.

What have the courts said, and is entrapment a defence?

Entrapment is not a defence, but it could be argued that the case should not be brought at all.

This would involve a consideration as to the degree of persuasion, the gravity of the offence. The question of exclusion of evidence may also arise.

In the case of Shannon it was said that if there is good reason to question the credibility of the evidence given, then the judge may conclude that the evidence should be excluded.

Two leading cases involved the supply of drugs to an undercover police officer. “L” argued that he had been lured into the supply.

The Court held that it would be acceptable if officers were to provide a person with an unexceptional opportunity to commit a crime and the person then freely took advantage of that opportunity.

The situation would be quite different and would be an abuse of process if officers instigated an offence by offering inducements and luring a person into a course of action he would not normally have followed.

In “G’s” case the actions of the officers, by contrast, were said to go beyond those of undercover agents as they instigated the offence, there was no evidence to suggest that without their intervention it would have been committed.

In a case involving an undercover journalist (Shannon v UK), it was said that an offender was not entrapped when he supplied drugs to the journalist as he had not been placed under any pressure to do so.

Do undercover officers have rules to follow?

There is an Undercover Operations Code of Practice issued jointly by all UK police authorities and HM Customs and Excise.

Contact one of our criminal law solicitors to discuss issues of entrapment.

We are experts at assessing evidence and putting forward legal arguments. We can advise you as to whether entrapment applies to your case or not.

As a result, if you are arrested or know that the police wish to speak to you about an offence of then 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.

racially aggravated
VHS Fletchers offices across the East Midlands

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News

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.

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News

Police evidence of disorderly conduct rejected leading to not guilty verdict

disorderly conduct
Newark criminal advocate Nikki Carlisle

Newark criminal advocate Nikki Carlisle was instructed to defend an allegation of disorderly conduct before Nottingham Magistrates’ Court.  The trial was listed before a district judge.

Police officers change evidence in disorderly conduct trial

Two police officers gave evidence on behalf of the prosecution.  In their original witness statements they had both described Niki’s client as shouting and swearing in the street.  They described a number of other members of the public being present.  Their view was that his behaviour would have upset these people.  The officers went further to state that they were also distressed by the behaviour because he had been verbally abusive to them.

In a somewhat curious development, when the first officer came to give evidence he was unable to remember anything said or done by Nikki’s client.  This surprising turn put Nikki’s client in a much better position.

disorderly conduct

The second police officer, however, departed from his statement by saying that the behaviour was far worse than originally described.  He stated that our client had been aggressive and that he had been subject to “the worst verbal abuse that he had ever received in his life”.

The officer went on to give examples of the kind of the things our client had said to him.  Nikki was able to play the bodycam footage that had been provided to us during disclosure.  This showed that the defendant was not saying any of the things the officer had spoken of in evidence.

Bodycam footage undermines police evidence

Instead, it showed the second officer being sarcastic towards our client, goading him and then using what was clearly excessive force to arrest him.  This included spraying him in the face with CS gas.

Despite this clear evidence, the officer tried to explain the difficulties away.  He maintained that the abuse must simply not have been picked up by the body worn camera microphone.  He claimed that our client had been resisting arrest and that he was in fear of violence.

Nikki addressed the District Judge in relation to two substantial points:

  • whatever the Judge made of the alleged conduct, he should not infer that members of the public would have felt harassed, alarmed or distressed without evidence of that
  • the only person claiming to have been so affected by the behaviour was the second officer who could not be called a truthful witness.

The District Judge found our client not guilty of disorderly conduct.  The judge went as far as to comment on the unnecessary use of CS gas in this case.  Our client is pursuing a police complaint.

disorderly conduct

Why instruct an criminal defence solicitor?

This case demonstrates a number of reasons why you ought to instruct a solicitor to defend criminal proceedings on your behalf.  Although this was a minor matter when compared to many other offences, it was of great importance to our client.

disorderly conductDespite the nature of the offence we were successful in applying for legal aid funding to ensure his free representation in the Magistrates’ Court.  You can read more about legal aid here.

We were able to ensure that all relevant evidence was disclosed, including the important body worn camera footage.  Some recently publicised problems with disclosure can be found here.

Finally, we will ask questions on your behalf and make arguments based on the law and the facts to the courts.

Whether your case involves disorderly The reasons why you might want to think about instructing us in your criminal case can be found here.

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We represent clients across the country from our offices in the East Midlands.  You can find the details of your nearest office here.  Alternatively you can use the contact form below.

disorderly conduct

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News

Not guilty verdict after Paedophile hunters fail to produce evidence

Chesterfield Crown Court litigator Ruth Campbell and Nottingham Solicitor Advocate Andrew Wesley were recently instructed in another case involving a prosecution dependent on evidence provided by paedophile hunters.  An outline of a previous case that failed due to problems with such evidence can be found here.

There client had an unusual defence to put forward.  He had logged into an adult chatroom.  He believed that any conversations he had online, and later on other social media threads, was with a person pretending to be a child for the purposes of a sexual fantasy.

His instructions were that a full record of each conversation would support his account.  As a result, immediately following his not guilty plea, specific enquiries were made of the prosecution.

Evidence required from paedophile hunters’ phones

In order to establish the evidence that could lead to our client’s acquittal the following information was requested:

  •  full threads of the messaging from the adult site taken from the paedophile hunters’ phones
  • similar threads from other messaging apps used to communicate, again from their phones
  • the profiles that the hunters were using on the adult site
  • our client’s profile

It appears often the case that the police are content to rely upon screenshots given to them by the paedophile hunters.  As a result, the prosecution is dependent upon evidence that may be incomplete.  It a client intends to advance a defence it is vital that these enquiries are made immediately.

The witnesses also maintained that our client had made a confession that had been filmed and streamed.  The footage located online was only partial and did not contain a confession.  That material was also sought.

The prosecution asked for the case to be brought into the list several months before the trial date.  This was because, as a result of our enquiries, they had look at the case and intended to offer no evidence.  This was because the prosecution had been unable to secure the evidence that we had requested and as a result could not check its veracity or accuracy.

The evidence had not been preserved by the witnesses themselves, and was no longer available.  A software corruption had also occurred which mean that the phones could not be properly interrogated now.  Finally, there was no footage said to contain a confession to the offence.

Paedophile hunters ‘need to be aware of the rules’

The Judge hearing the case observed that in terms of case numbers, prosecutions dependent upon evidence from paedophile hunters was a ‘growth area’.  Although a large proportion of these cases result in a guilty plea, particularly where charges are backed up with a video of a meeting.

He went on, however, to express a real concern about the nature of the ‘investigators’, accepting that this was in many cases a ‘loose’ use of the term.  The Judge expressed concerns that they operated outside any statutory scheme of evidence preservation and disclosure.  If they were to continue in such cases, his view was that they ought to be made aware of the rules.  If they do not consider and comply with the rules, they won’t be a help and their conduct will lead to more cases with difficulties such as this one.

Contact a Crown Court litigation specialist

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

It may be that you face potential proceedings based on evidence provided by paedophile hunters, or another serious allegation.  If so, you will wish to instruct a Crown Court litigation and advocacy team that will takes steps at an early stage of proceedings to advance your case where necessary.

Ruth is based at our new Chesterfield office.  You can find the contact details here.  Alternatively you can use the contact form below.  If one of our other offices is closer to you then please contact the one most convenient to you for an appointment.

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News

Detailed cross examination secures not guilty verdicts at Nottingham Crown Court

Senior Crown Court Litigator Sarah Lees-Collier was recently instructed in the case of a 65 year old defendant charged with serious sexual offences involving his foster or adopted daughters.  The case involved careful and detailed cross examination.

The allegations were almost exclusively historic sexual offences, with the complainants giving very similar accounts of offending.  All of the offences were denied.

expert cross examination
Vanessa Marshall QC

Sarah had chosen to instruct experienced counsel Vanessa Marshall from 7 Bedford Row Chambers, known for her eye to detail and exhaustive analysis and preparation of such cases.  During the currency of this case Ms Marshall discovered that she had been successful in her application to be Queen’s Counsel.

Expert cross examination of four complainants

Here, all four complainants had the benefit of special measures permitting them to give evidence behind screens.  Cross examination was expertly conducted in relation to a great deal of material including social care records.  A substantial amount of material was not disclosed until the trial had started.

Counsel insisted on sufficient time to be able to consider this additional material and plan her expert cross examination accordingly.  One of the witnesses was extremely volatile under questioning.

The detailed preparation meant that we were able to show that the witnesses had told some lies that were relevant to the case.  For example, one of the complainants had no choice but to accept that she had previously made false allegations about another carer.  The defence identified, within the unused material, reasons why further false allegations might have been made.

Counsel had to treat the witnesses with care.  It was clear that whatever the reality of the allegations they were now making, they had had a difficult early life.

Our client was of good character.  As a result, character evidence was gathered.  A number of witnesses attended court to speak as to his character in the trial.

Although the the trial lasted for five weeks, the defence was compelling.  As a result, our client was found not guilty of all charges with the jury deliberating for just under three hours.

Our client was, of course, particularly pleased and relieved.

Contact a Crown Court litigation specialist

cross examination historic sexual abuse
Crown Court litigator Sarah Lees Collier

If you face proceedings before the Crown Court, whether you intend to plead guilty or fight your case at trial, you will want to instruct an expert Crown Court litigator.

You can contact your nearest office here.  To instruct Sarah Lees-Collier she can contacted on 0115 9599550 or using the contact form below.

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The Psychoactive Substances Act 2016 – no laughing matter?

‘Laughing gas’ is more properly known as Nitrous Oxide.  It was recently back in the news following a Court of Appeal ruling that the substance is controlled by the Psychoactive Substances Act 2016.

The Act makes it an offence to possess psychoactive substances with intent to supply.  In a certain number of limited cases, just possession a psychoactive substance alone is also an offence.

The appeals came about because of some cases reported in August 2017.  In those case, Judges had ruled that laughing gas remained exempt from control under the Act.

The issue for the appeal was whether Nitrous Oxide was a ‘medicinal product’.  If it was, then the offence could not have been committed.

In the four cases before the Court of Appeal, two appellants had been convicted after trial.  The remaining two had pleaded guilty.

Following the hearing of the appeals the court ruled:

‘We are satisfied that in the circumstances of these cases the nitrous oxide in question could not be categorised as a medicinal product and therefore was not an exempted substance. In our judgment, the matter is clear on existing authority.’

So, is the matter settled?

The key words in the judgment are ‘…in the circumstances of these cases.’

So, to answer this question you need to understand a little more about the purposes of the Psychoactive Substances Act 2016. The Act applies to substances by reference to their effects.  As a result there isn’t a list made up of substances and their individual chemical composition.  The law is drafted to only criminalise their supply for the purpose of recreational drugs.

The argument has been put that because Nitrous Oxide is undoubtedly used for medical purposes, it would fall squarely within the medicinal products exemption in the Psychoactive Substances Act 2016.

The prosecution must prove an important ingredient of the offence.  This is that any defendant in question intended to supply the substance for consumption for its psychoactive effects rather than for medicinal purposes.

As a result, liability under the Psychoactive Substances Act 2016 does not depend solely on the chemical composition or the effect of the substance, but also on the intent of the person possessing it.

In one of the appeals, the court held:

‘…the purpose for which it was intended to supply the canisters was purely recreational with nothing whatsoever to do with health. This last feature coupled with the fact that the gas was intended to be used in circumstances which were not beneficial to health, indeed import some risk to health, was sufficient to take it outside the definition of medicinal product whatever label may have been on the boxes in which the canisters were originally packed.’

This case by case approach entails the possibility that different products with precisely the same chemical composition may fall within or outside the definition of medicinal product.  This will depend on the circumstances of the individual case before the court.

Seek expert criminal advice if you are investigated for offences under the Psychoactive Substances Act 2016

These cases illustrate how complex the criminal law can be.  Headlines in newspapers or online can be confusing, particularly when even the courts can come to different conclusions on the same set of facts.  In cases such as this there will be differences of scientific opinion.  It also takes some time for an appeal court to clarify the law.

In relation to Nitrous Oxide, it may be that further appeals will follow which may again alter the interpretation of the law.

If you are being investigated for any drug allegation then you will want expert advice from a criminal law specialist who is up to date with the current law.  Please contact your nearest office to discuss your case.

psychoactive substances act 2016
VHS Fletchers crime and regulatory solicitors offices across the East Midlands

Our independent advice and assistance in a police interview under caution will always be free of charge to you, whether you are under arrest or being interviewed voluntarily, whether you are in a police station or at your home address.

You can find a number of other reasons why you should seek our legal advice here.

You can also contact us using the form below.

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Body-Worn Cameras and the Police – What Effect do they Have?

Modern Policing – Lights, Camera, Action

Police forces across England and Wales are preparing for a rollout of ‘Body-worn Cameras’ or Bodycams.  The government has announced that prison officers will shortly be assisted by this new technology as well.

What are Body-worn Cameras?

Body-worn cameras (BWCs) are small recording devices, very similar to a GoPro, which allows for constant audio and video recording in an unobtrusive manner.

The evidence from these cameras can be used to support a prosecution.  Some argue that with officers and others aware that their actions could be caught on camera it should result in a positive effect on the behaviour of both the public and the police.

Is behaviour calmed when a camera is present?

It might be generally accepted that we behave better when being watched.  For example, we are less likely to speed past a roadside camera or get involved in unlawful activity if we know we are being observed by CCTV.

In 2011, researchers at Newcastle University posted pictures of a pair of male eyes and the caption, “Cycle Thieves: We Are Watching You.” Bike thefts decreased by 62 percent in those locations.  They remained the same elsewhere.

A study in Rialto, California (USA) in 2012 appeared to show dramatic changes in police behaviour as well following the use of body-worn cameras. Complaints against police officers were down 90% compared to the previous year. Some critics, however, have been sceptical of this study.  In part this was because only fifty-four officers participated.

That caution did not result in a slowdown of the deployment of body-worn cameras.  By 2015 95% of US large police departments had deployed BWC or had committed to doing so.

Now, police forces in England and Wales are following suit.

Latest research

The Rialto findings seemed to accord with common sense, but a new eighteen month study of more than 2000 police officers in Washington (USA) was published on 20th October.  This disclosed ‘almost no effect’ on police officer behaviour.

Are BWCs a waste of money then?

This is a controversial question, and there may be many reasons for the Washington findings.

Other arguable benefits of BWCs are:

  • Detecting rogue officer behaviour after the event
  • Accurate recording of evidence
  • Building community trust in the police

Another new study will be published in the November 2017 issue of the Policing journal.  In this research 249 people were interviewed.  They had had recent encounters with officers wearing cameras. Those who were aware of the cameras perceived the encounters as more “just” than those who were not.

Conclusion

It would appear that the jury remains out as to the effect of Body-Worn Cameras by the police.  Supporters claim that there are definite benefits for both the police and the public.  Detractors cite privacy concerns, sizeable public expenditure to fund the cameras and a lack of evidence to support their continued deployment.

What is clear to us is that we see the evidential worth of cameras in an increasing number of cases. Such evidence must, however, be analysed carefully.  It would be wrong to believe that ‘the camera never lies’. We often find that video evidence is taken out of context.  It can be distorted.  On occasions when it might be thought to be helpful to the defence it can go missing.

Contact a criminal defence specialist to discuss these issues

We have recent experience of dealing with cases where the footage from Body-worn cameras was decisive in putting forward our clients’ defences.

In this case, a jury was only out considering its verdict for five minutes before deciding that our client was not guilty.

Here, the footage was helpful in persuading the prosecution that the final account given by the complainant should not be relied upon.  The case was dropped.

If you face criminal proceedings you will want to instruct a criminal defence lawyer who will ensure that evidence such as bodycam footage is analysed and deployed effectively in your defence.

police body-worn cameras legal advice

We have offices across the East Midlands in Nottingham, Derby, Chesterfield, Mansfield, Ilkeston and Newark.  All of our office numbers can be telephoned 24 hours a day 7 days a week to ensure free and independent legal advice is given to those detained in a police station.

Alternatively you can use the form below to make contact.

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News

Successful defence of taxi driver facing sexual assault allegation

Nottingham solicitor advocate Andrew Wesley and Senior Crown Court litigator Lisa Sawyer were instructed in the defence of a taxi driver facing trial for a sexual assault before Nottingham Crown Court.

 

Careful preparation and dialogue with the prosecutor resolved the case in our client’s behaviour.

An allegation of sexual assault

Andrew’s client was in a serious position.  Although the taxi driver was of good character, the CCTV in his cab was not working on the night of the incident.  Further, there was his DNA on the chest of the complainant in the case.

The allegation had been made within minutes of the incident taking place.  The complainant had phoned 999.  She was clearly distressed during the call.  She had repeated the allegation when officers came to her address, and made three separate written statements in support of the case.

The complainant maintained that during a taxi journey our client had continuously quizzed her about her tattoos and piercings.  At the end of the journey he had pulled up her top and underwear and sexually assaulted her.  She attended court for the trial fully willing to give evidence.

Free and independent police station advice

Our client had made the sensible choice of seeking legal advice prior to his police interview.  Crime solicitor Jameel Malik was present in both sets of police interview to provide advice and assistance.

Jameel advised that his client answer the questions put to him by the police.  He did so confirming:

  • there had been no inappropriate questions
  • the complainant had pulled up her own top
  • she was drunk
  • it was she who had then pulled him onto her chest
  • she had given him her  real mobile phone number

He was charged with the offence at the conclusion of the investigation.  The case was allocated to the Crown Court for trial.

An investigation of the evidence

Our client would gain a benefit in proceedings if there was evidence in support of his case.  At first glance the evidence against him would appear very strong.

As the case developed, however, and as additional material was served a very different picture began to emerge.

The DNA evidence had been presented by the police as being decisive in our client’s case.  Further examination showed that, hidden in the detail, was confirmation that the evidence could also be explained by the account that our client had given in interview.

In interview, he had explained the nature of the conversation he had during the journey.  It was innocuous, but the detail he gave meant that the answers could only have come from the complainant.  This began to undermine the account she had given.

Helpful bodycam footage

Bodycam footage showed what the complainant was wearing.  It showed that tattoos on her legs would not have been obvious.  This undermined her suggestion that our client had immediately seen these tattoos and made comment.  Further, the footage showed that he would not have been able to see tattoos on her chest.  This was important as she had said that he had mentioned them and asked to see them.

Listening to the entirety of the bodycam footage revealed that the complainant agreed that she had searched her bag for money as described by our client.  Although it was hard to hear, she also told police that it was she who had lifted her top to show her tattoo.  This was exactly what our client had said in interview.

Key evidence stored in our client’s mobile phone

An insistence on an inspection of our client’s mobile phone also showed that he was telling the truth about how he came to have the complainant’s phone number.  There was no evidence in the call list that she had given him a false number that he had tried to ring.  Instead, the log showed that she had called him and he had saved her number in his phone using her name.  Again, he had said this in his police interview.

This information was only revealed through a detailed examination of the unused material in the case as well as the exhibits.  Transcripts of the 999 calls and bodycam footage were prepared to go before the jury.

No evidence offered so a not guilty verdict

Ultimately, when the problems and inconsistencies with the prosecution witness were set out to prosecuting counsel on the day of trial there was no real alternative but for the Crown to offer no evidence.  There was no longer a realistic prospect of conviction once there was full consideration of all of the available material.

Crown Court legal aid to fund defence of taxi driver

legal aid funded defence of a taxi driverOur contract with the government permits us to provide representation at the Magistrates’ and Crown Courts under the criminal legal aid scheme.  The description of how we dealt with the preparation of this case no doubt shows you that even when, such as in this case, a client has the benefit of legal aid we still provide our usual high quality service.

Although those there will be a few cases where a client in not financially eligible for Crown Court legal aid, these will be few and far between.

Information about how Crown Court legal aid works can be found here.

Contact a lawyer expert in Crown Court defence

We offer Crown Court representation from each of our offices in the East Midlands so please choose the office most convenient to you.

Some information about how we would defend a case of sexual assault can be found here.

crown court defence sexual assault solicitor

All of our office phone numbers are answered 24 hours a day, 7 days a week to provide emergency advice and representation to those detained by the police.  Please do not hesitate to call.

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