Tag Archives: sentence

News

An appeal to the Court of Appeal against a Crown Court sentence

It is possible to appeal against a Crown Court sentence to the Court of Appeal.  The appeal process can be complicated depending on the individual case, so this article can only ever outline the basics of the appeal process.

If you require advice in relation to your specific appeal then our contact information can be found here.

You should know the range of sentences likely in your case

In cases that we deal with on behalf of clients facing Crown Court proceedings we will have ensured that all of our clients are given an early indication of the likely sentence range.   This advice will include the potential sentence depending on whether there is a guilty plea or conviction after trial.

appeal against a crown court sentenceIn some cases we will be able to be relatively precise as to what might be expected.  In others cases, however, the range can be quite broad.  In some rare cases it can be ‘anyone’s guess’ only because the case is so unique.  Generally speaking, mainly where there are sentencing guidelines in place, we are very good at preparing our clients for the likely outcome.

Unfortunately, things do not always go to plan. For example, evidence may change during the case making it a lot more serious than originally thought.  Of course, some clients receive the benefit of the evidence changing in a way that favours them.  Sometimes the Judge may take a different view of the case, or, and this happens despite what appear to be clear sentencing guidelines, the Judge falls into error and makes a mistake when sentencing.

First steps in an appeal against a sentence

In all cases, following sentence, there should be clear advice on appeal. This will normally be given verbally, but you can have it in writing if you request that. In more complex cases it is usual for the advocate to set out in writing why an appeal is or is not appropriate.

If your Crown Court advocate is able to provide a positive advice on appeal, then you will have the opportunity to discuss that with us.  We will hen take the necessary next steps on your behalf.

In cases where an appeal is not thought to be viable, again we will provide full advice to ensure that you understand the reasons for this decision.

What are the grounds for appeal against a Crown Court sentence?

There is a margin of appreciation in sentencing.  This means that the Court of Appeal will not interfere merely because it would have chosen to sentence differently.

There are, perhaps surprisingly, thirteen distinct grounds for appeal.  They break down conveniently into two broad labels.  For the Court of Appeal to intervene the Crown Court sentence must be either

  • Wrong in principle; or,
  • Manifestly excessive

All appeals are considered initially by a Single Judge.  They will decide whether the case appears to have merit or not. If that Judge refuses leave to appeal on the basis that they believe the case is not properly arguable we will discuss the next steps with you.

If I am told not to appeal against a Crown Court sentence, can I ignore that advice?

A person can chose to ignore the advice received.  Any such decision should be discussed with us in advance because there are risks in proceeding with an appeal that is without merit.

The Court of Appeal can impose costs.  In some cases it will also make a ‘loss of time direction’.  This means that a release from prison at the end of any sentence will be delayed.  This is delay is often in the region of 14 to 42 days.

How long will the appeal take?

The length of time will depend on the complexity of the case and the listing requirements of the court.  Priority is also likely to be given to those facing shorter sentences that can be successfully appealed.  In some cases where a person has received a short prison sentence, there is a procedure to expedite an appeal.  In some cases, these can be heard within a few days.

Aside from such cases, appeals against a Crown Court sentence will be typically heard within six months of being lodged with the court.

Can I get bail pending an appeal against a Crown Court Sentence?

Bail is seldom granted in cases before the Court of Appeal.  The usual remedy to any injustice is for the Court to expedite the appeal hearing in cases where this approach is merited.

Where will the appeal be heard?

Most appeals are held at the Court of Appeal in London, although occasionally the court sits at regional Crown Court centres. If you are in custody, you will typically be present via video-link, or if on bail you can attend the hearing in person.

Court of Appeal judges will hear the case, and you will be represented by an advocate at the hearing. In some cases, the prosecution is also present, but not always.

When will I find out the result of my appeal?

In most cases, the result is announced at the end of the hearing. If complex issues are involved, then the decision might take a few weeks longer.

If I wasn’t represented by VHS Fletchers can you advise on appeal?

The simple answer is ‘Yes’.  We would be happy to discuss your case. In some cases, legal aid will be available for the provision of this advice.  This will be subject to a means and merits test.

Contact a Criminal Law Specialist

Whether you wish to discuss an appeal against a Crown Court sentence or wish any advice relating to any matter of criminal law then please contact your nearest office.

Alternatively, use the contact form below.

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News

Discharge for allowing premises to be used for cultivation of cannabis

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

No legal representation in police interview

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

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

Cultivation of cannabis valued at £15 000

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

Substantial personal mitigation

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

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

Powerful and persuasive advocacy

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

Instruct a Nottingham criminal defence solicitor

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

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

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

Alternatively, use the contact form below.

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News

Prison sentence avoided for breach of a suspended sentence order

Chesterfield Crime Solicitor Kevin Tomlinson had to use all of his experience and persuasive advocacy to ensure that his client did not receive a prison sentence after his breach of a suspended sentence order.

Kevin’s client was charged with nine offences.  Five of these were committed whilst he was subject to a suspended sentence order.  The law is such that if an offence is committed during the lifetime of a suspended sentence a court must activate the suspended sentence.   The only opportunity a person will have to avoid this is where it is successfully argued that it would be unjust to do so.

It was perhaps the case that in the circumstances that Kevin’s client found himself in, custody would seem inevitable.  In the event, Kevin  managed to achieve for his client what at first seemed impossible.

Allegations in breach of a suspended sentence order

Kevin’s client had been arrested in relation to a number of thefts from shops.  Perhaps unsurprisingly Kevin’s client was a drug user.  The offences were committed over a period of time, but he was interviewed about them by the police in a single interview.

In interview, Kevin’s client accepted each offence.  Because of his record the police had kept him for court on a Saturday morning.  Kevin represented him when he pleaded guilty to all of the offences.

The court had insufficient information to allow our client to be sentenced at a Saturday court.  As a result the case was adjourned until later in the week for the sentencing hearing.  Unfortunately, our client was remanded into prison to await sentence.

The sentencing hearing

At the sentencing hearing, Kevin set about securing information to put before the court in a bid to convince them that it would be unjust to send his client to prison for breach of a suspended sentence and the new offences.

Kevin took all the information that he would need to provide the court with detailed personal mitigation.  He took the time not to rush through this important part of the process, resisting pressure from the court for the case to be called on.

After taking these instructions, Kevin’s next port of call was the probation service.  The probation staff confirmed that our client was progressing well on his suspended sentence order in terms of trying to tackle his drug use.

As a result, Kevin had enough helpful information to allow him to argue that his client should not receive an immediate prison sentence but should be given a further chance.  This was a credible argument even though there was a breach of a suspended sentence order.

Prison sentence avoided

Kevin’s client was due to be sentenced before the resident District Judge at Chesterfield Magistrates’ Court.  Following the prosecution opening and some information from the probation service, Kevin then addressed the Judge.

He argued at length on behalf of his client.  Kevin relied upon the reasons behind the offending, some personal mitigation, the good progress under the order and the short period spend in prison before sentence.  In conclusion he asked the Judge to decide that it would be unjust to impose the sentence for breach of a suspended sentence order.

After listening to this mitigation the District Judge agreed with Kevin.  He decided to impose a sentence which allowed our to retain his freedom.  Kevin’s client was understandably delighted with the outcome and relieved to not face a custodial sentence.

Free legal aid funding in the Magistrates’ Court

Our client had the benefit of legal aid. for these hearings in the Magistrates’ Court.   This means that our advice and representation of him was free of charge to him.

Instruct a Chesterfield criminal defence solicitor

breach of a suspended sentence order
Chesterfield Crime Solicitor Kevin Tomlinson

If you find yourself being investigated by the police or facing court proceedings then please contact us immediately.  Our office number 0246 283000 is answered 24 hours a day, 7 days a week to ensure that you receive emergency free and independent legal advice if you are being interviewed by the police.

Advice and assistance in police interview will always be free of charge to you.  If you case proceeds to either the Magistrates’ or Crown Court then we will give you the best advice as to whether you are entitled to legal aid or alternative ways of funding your case.

Alternatively you can contact us using the form below.

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Plea to drug offences results in suspended sentence

drug offences solcitor advocate legal representation
Derby criminal solicitor advocate William Bennett

Derby solicitor advocate William Bennett and senior crown court litigator Sarah Lees-Collier worked together to secure a favourable sentence for their client before Nottingham Crown Court who faced serious drug offences.

Negotiation secured a favourable basis of plea and sentence.

Crown court trial for serious drug offences

Our client faced trial with four others for drug offences.  She was charged with conspiracy to supply cannabis.  A large amount of cannabis had been found in three houses and the boot of a car.  All defendants were connected by a family relationship.

Specifically, our client was said to have helped with the growing of the cannabis as well as the onward supply.  Although our client accepted growing cannabis she maintained that this was for her own use.  It was medicinal as she suffered from severe arthritis.  Sarah obtained a medical report from her doctor to back up this assertion.

Unfortunately, the prosecution was not prepared to accept what she had said.  They  maintained that she had a key role in what was a substantial conspiracy.  The case was listed for a ten day trial for all defendants including our client.

On the morning of trial there was movement on behalf of both our client and the prosecution.  She was prepared to accept involvement on the basis that her house had been used to grow the cannabis.  her route into cannabis use and this offending remained the same – her illness.

As a result of these negotiations the court was able to sentence our client far more leniently that would otherwise have been the case.  Despite her late plea, William persuaded the judge to impose a sentence of only four months but suspend it.  As a result, as long as our client complies with the community element of the order and does not commit further offences then she will not have to serve the sentence.

Basis of plea and sentencing guidelines

drug offences crown representation
Crown court litigator Sarah Lees-Collier

The basis upon which our clients are sentenced will always be very important.  This is particularly true in cases involving drug supply as the sentencing guidelines can be particularly unforgiving.

For example, whether you have a significant or leading role in a relatively small scale operation supplying cannabis can make a difference of three years to the starting point for sentence.

In this particular case, because of the guidelines, the starting point for the judge in considering sentence would have been twelve months.  Bearing in mind the lateness of the plea, William was able to persuade the judge to reduce the sentence dramatically to the sentence finally imposed.

Contact our specialist crown court team

We have Crown Court specialists based at all of our offices across the East Midlands.  Find your nearest office here.  We will provide you with the most cost effective way to fund your Crown Court representation, whether that is privately or through legal aid.

drug offences legal representation
VHS Fletchers offices across the East Midlands

Alternatively, you can contact us using the form below.

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Remorse, regret and credit for your guilty plea

In matters being investigated by the police or before the criminal courts it is sometimes the case that a simple act of contrition, genuinely felt and communicated, can alter a case outcome significantly.

For example, a timely admission and expression of sorrow can make the difference between a formal resolution, such as caution or charge or persuade the police to consider an out of court community resolution.

Credit for your guilty plea will attract the automatic discount on sentence, but it is a demonstration of genuine regret and remorse that may make all the difference.

Remorse might open the door to restorative justice

Restorative justice is now a popular out of court disposal.  Such a resolution is preferable to almost all other outcomes when guilt is not in doubt. Research shows that the process can benefit both the victim and the offender.

Other out of court disposals such as driver awareness courses can also have an impact on an offender.  This will particularly be the case where a defendant is willing to address their behaviour.  Few participants will leave the course undisturbed by the graphic images of a child hit by a speeding vehicle.

In court, it can sway a bench in some cases to impose a more lenient punishment, so because of this we always work with clients to ensure mitigation is advanced adequately at all stages.

Of course, sorry in itself might not mean much, what are you sorry for?  Is it for being caught?  Or is it because you find yourself before a court?  Could it be more than that and therefore does it amount to genuine remorse?

Genuine remorse and sentencing guidelines

This is an important question in sentencing terms because ‘genuine remorse’ is a mitigating factor in almost all sentencing guidelines and can make a substantial difference to the outcome.

The Oxford English Dictionary defines remorse as being:

‘A feeling of compunction, or of deep regret and repentance for a sin or wrong committed.’

A court will, however, be looking only for genuine remorse, and it is far from being a scientific exercise.

What does the Sentencing Council have to say?

The Sentencing Council commented on this as follows:

“This factor appears in all Sentencing Council guidelines and is one that sentencers are adept at assessing. Sentencers sitting in court on a daily basis are alive to the ease with which ‘sorry’ can be said but not meant. Evidence obtained during the course of interviews with judges (during the consultation process) confirmed the way in which judges carry out this assessment; often the judges used phrases in conversation with us such as ‘genuinely remorseful’, ‘genuine remorse’ and ‘true remorse’. This confirms the Council’s view that the consideration of remorse is nuanced, and that all the circumstances of the case will be considered by the sentencing in deciding whether any expressed remorse is in fact genuine.”

Not just credit for your guilty plea

In a recent lecture, a High Court Judge offered up these examples to illustrate genuine remorse:

• Deliberate withdrawal from an on-going criminal enterprise.

• Removing oneself from criminal associates or the sources of temptation.

• Behaviour immediately after the offence such as obtaining medical aid.

• Voluntary surrender and confession to the police.

• Efforts to reform by way of, e.g. drug-rehabilitation or alcohol withdrawal programmes.

• Return to education.

• Assistance to the authorities in combating crime.

• Voluntary restitution, payment of compensation without order from the court or restoring damaged property.

Less objective examples (but commonly seen) include:

• Expressions of remorse in police interviews after arrest.

• The impression of genuine remorse given to a probation officer, psychiatrist or psychologist when being interviewed for the purpose of preparing a report for the court before sentencing.

• Letters of apology written by offenders to victims or the court

How can we assist? Contact a criminal defence lawyer now.

It is our job when representing clients to ensure that the best case is put forward.  You will want this to go beyond the usual mitigation offered by the credit for your guilty plea.  This should involve other aspects of your character that might shine a light on your true self.

People make mistakes, sometimes serious ones, but rarely does that alone define the real person.  We believe that carefully presented mitigation makes a real difference to the outcome of criminal cases.

We are experienced in approaching family, friends, employers and other community figures for reference letters on your behalf.  The information that we request will make sure we build on the credit for your guilty plea because of this experience.

credit for your guilty plea
Our offices across the East Midlands

Please contact your nearest office here or alternatively use the contact form below.

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Animal cruelty offences – the proposed increase in sentences

Proposed increase in sentences available for animal cruelty offences

The government has recently announced that it is planning to introduce legislation which will increase the maximum custodial sentence for animal cruelty offences under the Animal Welfare Act 2006.

The current limit is one of six months’ imprisonment.  The new proposals would raise this to five years. This would bring England and Wales into line with other countries’ policies on animal cruelty.  It would also correct an issue of proportionality in relation to penalties available for other offences.

Offences covered by the Act

The Animal Welfare Act 2006 makes all of the following a criminal offence:

  • causing animals unnecessary suffering (whether intentionally or not)
  • improperly docking dogs’ tails
  • causing unnecessary mutilation
  • administering unauthorised poisons or drugs
  • participating in the organisation or facilitation of animal fights
  • failing a duty of care to particular animals.

The Act adopts a wide definition of ‘animal’.  It includes any “vertebrate other than man.”

 

Current sentencing policy

The Act allows for a range of penalties.  These range from absolute discharges to custodial sentences of up to six months in length. The statistics on sentences imposed upon people convicted of animal cruelty in 2015 are revealing. In that year, 933 people were convicted of offences under the Animal Welfare Act.

A breakdown of that total shows the following distribution of the penalties for animal cruelty offences:

Penalty                                                          Number of people

Immediate custodial sentence                     91
Suspended sentence                                          202
Community sentence                                        341
Fine                                                                              177
Conditional discharge                                       100
Absolute discharge                                              3
Other                                                                            20

The RSPCA has investigated the custodial element of that breakdown further. Only three people received the maximum sentence of six months’ imprisonment. Those who received four-month sentences included, it is argued, offenders who gained credit for a guilty plea having committed an offence that potentially warranted a six-month sentence.

Why some say that increase is necessary

The view of the Government and various animal rights organisations is that a disconnect exists between these punishments and the  animal cruelty offences themselves.  Recent cases which have prompted this change include a man who purchased a number of puppies for the sole purpose of killing them by beating, choking and stabbing. The current sentences available to the courts are unable to do justice to such instances of cruelty.

The reforms are also supported by the manifest disparity between penalties for animal cruelty offences in England and Wales and those in other jurisdictions.

For example, the maximum sentences for animal cruelty in Germany and Northern Ireland are three years and five years respectively.

 

The argument is further strengthened by looking at the maximum sentences attached to other crimes. Fly tipping, for example, carries a maximum sentence of five years’ imprisonment. The same sentence is also the limit for abstracting electricity. Many would argue that the damage and requisite mind-set involved in animal cruelty offences should mean the maximum penalty should at least be to that of these other crimes.

The new guidelines and their context

The Government is planning to produce a draft of the new legislation towards the end of the year. The main provision will be the increase in the maximum sentence for animal cruelty from six months’ imprisonment to five years. People who commit the most serious crimes against animals, such as the example reported above, may then face a prison sentence which is measured in years.  It will be comparable to a conviction for an offence such as assault occasioning actual bodily harm.

This policy change follows a previous related announcement on the proposed use of CCTV cameras in slaughterhouses. The timing of both proposals represents an attempt to change the UK’s reputation for animal welfare as it leaves the European Union.

Contact one of our solicitors – we are here to help

Animal welfare legislation is complex and can lead to a prison sentence.   It therefore makes sense to instruct an expert if you are under investigation or facing court proceedings.

We will be able to provide you with free and independent legal advice at any interview under caution.  If charged we will provide you with the expert advice and representation that you will need to ensure the best outcome for you at court.

You can find details of your nearest office here.  Alternatively you can use the contact form below.

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Mansfield motoring law solicitor secures suspended sentence for client

Mansfield motoring law solicitor Emma Cornell persuaded Magistrates to impose a sentence that dealt with the issues underlying her client’s offending.

An inevitable prison sentence?

Emma first met her client in the cells at Mansfield Magistrates’ Court.  He had been kept by the police for a remand into custody.  This was because he faced new charges of drink driving and driving whilst disqualified.

Unfortunately, these charges were his eighth relating to excess alcohol and third for driving whilst disqualified.  He had received prison sentences for all of his more recent offences.

The seriousness of these offences was aggravated by his history of offending and because he was driving in breach of a court order.

Breaking the cycle of offending?

Sometimes it is right for a court to try and break a cycle of offending.  In this particular case it was clear that Emma’s client had a problem with alcohol.  When in drink he made poor choices and this led to the offending that kept on bringing him back to court.

The maximum sentence that could be imposed in his case was one of six months imprisonment, even for the combination of offences.  As he had pleaded guilty at the first opportunity the sentence was likely to be less than the maximum, even bearing in mind his record.

This meant that he would serve less that 3 months in prison.  He would not receive any assistance while in custody to address his problems.  It seemed unlikely that any meaningful work would be done by probation under licence following his release.

An alcohol treatment requirement

The Magistrates were therefore presented with a stark choice.  Emma persuaded them that there was a better option than a simple prison sentence.  These sentences had failed to work in the past in terms of deterrence or rehabilitation.

After hearing Emma’s persuasive mitigation the Magistrates adopted the probation recommendation.  This was for a suspended sentence coupled with an alcohol treatment requirement.  The aim is to reduce or eliminate a person’s dependency upon alcohol.  This is made possible by the help of specialist agencies working in the community.

Positive client feedback

mansfield motoring law solicitorEmma’s client knew how close he had been to receiving a further prison sentence.  As a result he took the time to write a card and buy flowers to reflect the work Emma carried out on his behalf.  While such thanks is not expected, it is always gratefully received.

Contact Mansfield motoring law solicitor Emma Cornell

mansfield motoring law solicitor emma cornell
Mansfield road traffic solicitor Emma Cornell

Whether you need advice on a police investigation or documentation that you have received from the court then you will wish to contact Mansfield motoring law solicitor Emma.

She will advise you on whether you have a potential defence or whether, for example, special reasons or exceptional exist to avoid a driving disqualification.

Please call her on 01623 675816 or use the contact form below.

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Risks of Newton Hearing avoided for client

newton hearing derby magistrates court
Derby crime solicitor Stacey Mighty

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.

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Nottingham criminal legal aid solicitor secures conditional discharge for assault

nottingham criminal legal aid solicitor VHS Fletchers
Nottingham crime solicitor Stacey Mighty

Derby criminal legal aid solicitor Stacey Mighty recently represented a client charged with an assault in a domestic setting.

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

nottingham criminal legal aid solicitor VHS FletchersWhether 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.

You can read a number of reasons to have our free and independent advice in police interview here.

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.

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Drugs into prison – sentencing at Sheffield Crown Court

drugs into prison sentencing
Derby criminal solicitor advocate William Bennett

Derby criminal solicitor advocate William Bennett recently represented a client appearing before Sheffield Crown Court who had taken drugs into prison.

The substantial and powerful mitigation that William was able to put forward permitted the judge to depart from what would have usually been substantial sentence of immediate imprisonment.

 

Drugs into Prison

William’s client had taken both cannabis and anabolic steroids into a prison.  He intended to supply a serving prisoner.  The drugs were for onward supply in the prison.

At the time of the offence, our client had been a heroin addict.  As a result he had placed himself in a position where he was vulnerable to pressure from his dealer.  This was why he had committed the offence in the first place.

Powerful mitigation from client’s decision to change

William’s client had used the delay between initial arrest and sentence to good effect.  He had managed to become drug free and secure employment.  His guilty plea in this case was further evidence of a commitment to change.  He had been undertaking weekly drug tests for a six month period.  He received favourable reports from his work and was a doting father to his son.  A letter provided by his former partner was able to confirm this.

The Learned Judge was unable to suspend sentence because of strong guidance from the Court of Appeal as to the need for deterrent sentences in such cases.  He did, however, reduce the sentence dramatically from what was expected.  William’s client received a sentence of only ten weeks, meaning that he was likely to be released having served a little over three weeks in prison.

‘All that could be said’

The case is a good example of an experienced Judge being able to show leniency in a case where an experienced solicitor advocate has said “all that could be said”  for a realistic defendant.  In this case, our client, while recognising that custody was inevitable, had demonstrated that he was committed to rehabilitation and his family.

Contact a Criminal Defence Lawyer

We provide advice and representation at the police station, Magistrates’ and Crown Courts across the country.  We have six offices based in the East Midlands.  If you face police investigation or criminal proceedings then you can find your local office here.

If you wish to contact William Bennett then please telephone him on 01332 546818 or email him here.