As businesses prepare for Christmas, it is customary to inform clients of seasonal opening hours. For many, it will simply be a case of announcing the days on which the business will be closed, but for us, as criminal defence solicitors, the position is a little more complicated than that owing to the need for emergency legal advice.
We close our offices, but of course we don’t close down our emergency services.
Our offices across the East Midlands will be closed on the following dates:
24 December 2019
25 December 2019
26 December 2019
27 December 2018
31 December 2019
1 January 2020
Emergency legal advice
However, if you need emergency legal advice in relation to a criminal law related issued, at any time of the day or night, we have a team of people to assist.
For example, the Nottingham number is 0115 9599550. You will be able to speak to one of our on call solicitors.
The work of a criminal lawyer does not lend itself to regular working hours, nor is there any time, day or night when we are not available. We offer a level of accessibility that few other professionals can match, and we are immensely proud of that fact.
When arrested on Christmas Day, as some people inevitably will be, we will be there by their side to offer timely legal advice to protect their interests.
Even the criminal courts are open for business during at least part of the festive period, allowing for bail applications and other urgent court business. Again we will provide representation at those hearings.
And of course, those in prison can experience particular difficulties as they are reminded of families far away, also impacted by the trauma of custody.
We take this opportunity to wish all of you a peaceful and restful holiday season, but if for any reason you need us, we will be there at the end of the phone and in person.
Many different terms are used to describe legal professionals:
lawyers
solicitors
legal advisers
attorneys (an Americanism), or
a ‘brief’
There are countless others in common usage.
Unfortunately, these different terms can allow for some confusion. When viewing many legal websites a potential client could be forgiven for thinking that they are dealing with a qualified legal professional. The reality, however, might be that nothing could be further from the truth.
The distinction between a ‘real’ solicitor and anyone else is necessary.
As solicitors, we are highly qualified legal professionals. We are regulated by the Solicitors Regulation Authority (‘SRA’) and admitted, and accredited, by the Law Society.
Crucially, we are obliged to have insurance in place. This means that if anything does go wrong, our clients have full protection. There is also adherence to the highest ethical standards.
When dealing with other lawyers employed and supervised by solicitors these same protections apply.
Ironically, it is not always the case that unregulated people charge less by way of fees. As a result, clients can find that they not only receive an inferior service but it will often come at a higher price.
The title of “solicitor” is protected under section 21 of the Solicitors Act 1974:
“Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.”
Section 20 of the same Act states:
“No unqualified person is to act as a solicitor.”
An offence under section 20 carries up to 2 years imprisonment, and custodial sentences are the norm, underlying the seriousness of the matter.
Some areas of legal advice are ‘reserved activities’. This means that even if an ‘adviser’ is not pretending to be a solicitor, they are prohibited from acting in those matters.
The simple way around this confusion is always to check that you are dealing with a real solicitor.
You can check whether you are dealing with a real firm by using the SRA website. You can also ensure that any site visited is the actual web address for the firm concerned. The postal address, email and telephone numbers can also be checked. The copying of real websites is another problem at the moment.
Recently, the high profile prosecution of ex-police officer David Duckenfield relating to the Hillsborough tragedy ended without reaching a conclusion. A number of papers reported that there was a hung jury. So, what does that mean?
In an ideal world, a jury will reach a clear conclusion by either convicting or acquitting the defendant.
Where a case retains the original 12 jurors at least 10 must agree on the verdict. If the numbers fall short, for example, with 8 wanting to acquit and 4 wanting to convict, that will not be an acceptable verdict.
If the jury indicates that they will not be able to reach a verdict in accordance with the law then then that jury will need to be discharged.
In legal terms, this is often referred to as a hung jury.
What happens if there is a hung jury?
The prosecution can apply to have the defendant tried again. This will be the outcome in most cases.
The decision is one for the trial Judge who will consider whether or not it is in the interests of justice for a retrial to take place.
Typically, the court considers questions which include (but are not limited to) whether:
the alleged offence is sufficiently serious to justify a retrial
if re-convicted, the appellant would be likely to serve a significant period or further period in custody
the appellant’s age and health
the wishes of the victim of the alleged offence.
If prosecutorial misconduct is alleged then other factors will come into play, analogous with whether it is an abuse of process to allow a retrial.
In most cases, the defence will not be able to properly resist the application. We would, however, always carefully consider all relevant factors and object if able to.
What happens if a second jury still cannot reach a verdict?
The usual practice in this scenario is for the prosecution to offer no evidence, although there are rare circumstances where a further retrial could take place.
It is a nightmare scenario that potentially any parent could face. A child returns home, late at night, in an agitated state.
He hurriedly tells you that he has been in a fight, it wasn’t his fault, but someone has been hurt, badly. Further details are not forthcoming, but he thinks the police will be coming to arrest him. Thinking fast, and in order to protect your child, you take his clothes and put them in the wash.
Before you can even think of assembling an alibi for him, the police have kicked down the door and found your son cowering in his bedroom. He is naked, and there are no clothes in sight.
The experienced officer knows just what to do, rushing through to the kitchen and unplugging the washing machine. It will later be taken away so that the contents, including the water, can be forensically tested.
Unsurprisingly your son is arrested, but what fate awaits you?
Assisting an offender or perverting the course of justice
How this story ends depends on precisely what the police discover, but it is often proved that a terrified parent has acted to protect their child.
The act of putting those clothes in the washing machine or providing a false alibi amount to attempts to pervert the course of justice.
In other scenarios family or friends might provide some safe harbour for a person fleeing the police. Again, this is a serious criminal offence if done knowingly.
In some cases, there might be a viable defence. You can be assured that we will find one if it exists. In other cases, the task is to mitigate by telling the story from the parental perspective. What do you think you would do in this scenario? Or more to the point what would you do if it became a reality?
We might not like to think so, but any one of us could be caught up in a nightmare like this.
All manner of people can find themselves caught up in the justice system. We don’t see criminals, we see people, with their own unique set of circumstances.
Contact a solicitor who is a criminal law specialist
If you are arrested or know that the police wish to speak to you about any offending arising our of a criminal investigation such as assisting an offender or perverting the course of justice then make sure you insist on your right to free and independent legal advice. As you can see, the courts will always take such offences seriously upon conviction.
Many people face very lengthy court proceedings, and it is therefore hardly unusual that on occasion a person may not be too ill to attend court.
Despite this fact, courts are sceptical of alleged illness. Unless the rules are followed in close detail, a defendant who does not attend faces the serious prospect of being arrested by the police and taken to court in custody. This may involve a stay in police cells over the weekend, so it is essential that you understand what you need to do.
Too ill to attend court? Let us know straight away.
The first step is to inform your solicitor as soon as you are able.
All of our office numbers can be called at any hour of the day or night. This will allow you to contact us before the office opens so that you can inform us what is happening.
In almost all cases, if you do not need to see a doctor, the court is unlikely to accept your illness as an excuse not to attend court.
It will, of course, depend on the exact circumstances. As a result it is essential to speak to us and obtain advice as to what is the best course of action.
A doctor will be able to issue you with a sick note. This is not, however, necessarily the end of the matter, and the opinion of a doctor does not bind a court.
Doctors have been issued with guidance concerning medical notes for court non-attendance, but a busy practitioner may very well miss the detail.
The Criminal Practice Direction sets out the following minimum requirements:
The date on which the medical practitioner examined you;
The exact nature of your ailments;
If it is not self-evident, why the ailment prevents you attending court;
An indication as to when you are likely to be able to attend court, or a date when the current certificate expires.
Circumstances where the court may find a medical certificate unsatisfactory include:
Where the certificate indicates that the defendant is unfit to attend work (rather than to attend court);
Where the nature of the defendant’s ailment (e.g. a broken arm) does not appear to be capable of preventing his attendance at court;
Where the defendant is certified as suffering from stress/anxiety/depression and there is no indication of the defendant recovering within a realistic timescale.
Contact your criminal law solicitor
You will have information from us about who your solicitor is. All of our office numbers will be answered out of hours to deal with emergencies like this.
Earlier this year, Channel 4 found, after analysing Freedom of Information request responses from 29 out of 43 police forces, that the number of police-recorded offenders aged under 18 committing homicides using a knife or sharp instrument rose by 77% from 26 to 46 from 2016 to 2018.
This includes a new Knife Crime Prevention Order, or a ‘Knife Asbo’, as it is already being called.
What is a Knife Crime Prevention Order?
It is proposed that anyone aged 12 or over can be subject to a knife crime prevention order if:
they are found to be carrying, without good reason, a bladed article in a public place (including a school) twice in a period of two years, and
the court believes it is necessary to impose and order to protect the public or prevent the young person from committing a crime with a bladed article.
Applications for knife protection orders can only be made by chief police officers, or the chief constable of the British Transport Police or the Ministry of Defence Police.
Before making the application, if the defendant is under the age of 18, the relevant person must consult with the Youth Offending Team for the area that the young person lives in.
The Knife Crime Prevention Order can require that a person:
is in a particular place on specified days or between particular times
reports to a specified individual on specified days and times
participates in specific activities.
It can also prohibit the person from:
being in particular places
being with particular people
taking part in specified activities
using or having specified articles with them
using the internet to facilitate or encourage crimes using bladed articles.
A Knife crime prevention order would last between six months and two years. Breach of the order would result in:
on summary conviction, imprisonment for a term not exceeding six months, a fine or to both
on conviction on indictment, imprisonment for a term not exceeding two years, a fine or to both
Will knife crime prevention orders work?
A great many people, including the Magistrates’ Association, have expressed doubts as to whether these new orders will do anything to address the complex root problems of offending.
Instruct a criminal law specialist
The lawyers at VHS Fletchers continuously monitor new develops in criminal law, as even government proposals can sometimes trigger changes in judicial behaviour when it comes to bail and sentencing. It is our job to ensure the law that is in force now is appropriately applied.
We also play a vital role in challenging the boundaries of new legislation and will be keeping a close watch on these draconian knife crime prevention orders to ensure that justice is appropriately done in all cases.
If you are arrested or know that the police wish to speak to you about any offending involving a weapon then make sure you insist on your right to free and independent legal advice. The courts will always take such offences seriously upon conviction.
Football is one of the most popular sports in England and Wales to both play and watch on a weekly basis. On occasions, however, the mix of alcohol and heightened emotions can lead to a loss of control. This means that what should be a fun day out can turning into the possibility of a fan being banned from all football matches for a minimum 3 years period as well as a possible prison sentence following any football related disorder.
Only this month Chesterfield football law solicitor David Gittins, a football fan himself, represented a 58 year old client who had not been convicted since the mid-80’s. On this occasion he was before the court for football related offence. Notwithstanding the extremely serious allegation David was able to ensure his client kept his freedom and limited the conditions on the inevitable football banning order that the police applied for.
Football related disorder
Chesterfield Town had hosted Wrexham FC in a Vanarama National League match game. The match was categorised by the Police as “B”. This meant that there was a potential for disorder. Both before and after the match there were problems caused by a small number of fans. This included a serious incident in a pub close to the Proact Stadium.
The pub was designated for “home supporters only”. However, a number of Wrexham fans gained entry. This resulted in what the police describe as a ‘hostile environment’. During the disorder David’s client threw a pint glass that he had been holding directly towards the Wrexham fans. Thankfully nobody was caused injury.
Our client then left the pub, but not before he picked up a Police “spotter” video camera and took it with him.
The police investigation
After the match Derbyshire Police trawled CCTV relating to the incident. A number of arrests were made. Our client was interviewed and subsequently received a letter through the post informing him that he had been charged with threatening behaviour. This postal requisition gave him the date that he was required to attend court.
It was only at this point that David was instructed to assist. Had our client chose to seek our free and independent legal advice in police interview, we would have been aware of the full circumstances of the allegations much sooner and begun to prepare his case at an early stage.
Once legal aid was granted, David spent several hours watching the CCTV in the case. He analysed the evidence in full before advising his client on the strength of the evidence against him.
Early guilty plea to football related disorder
David attended Court with his client who entered a guilty plea. This would secure him maximum credit on sentence. A probation report was prepared. Our client was a risk of a sentence of imprisonment. The starting point for offending in these circumstances is 12 weeks in prison.
After hearing detailed and structured mitigation from David, the court decided that his client would be able to keep his freedom. He received a suspended prison sentence of 3 weeks.
Inevitable Football Banning Order
The police in this case applied for a football banning order. Unusually the police asked that as well as the usual terms banning attendance at all FA matches, there also be a large exclusion zone on match days. This would have prevented our client from entering an area around the Proact Stadium for 4 hours before and 6 hours after each home game.
David was able to persuade the Magistrates’ that such additional conditions were unnecessary.
Contact one of our football law solicitors
If you are arrested or know that the police wish to speak to you about football related disorder then make sure you insist on your right to free and independent legal advice.
It doesn’t matter if you support a Football team that is winning trophies each year, or a team simply trying to avoid relegation. The exhilaration of a last minute equaliser, or if you are really lucky a last minute winner, is simply indescribable.
Unfortunately, that 30 seconds of exhilaration could be cut short if your actions result in you being drawn to the attention of the police if your celebrations have gone too far.
For those who didn’t follow Chesterfield Town closely during the 2018-2019 league season, it is fair to say it wasn’t its finest year.
In this particular match, Chesterfield had gone 3-0 down to the away team after only 45 minutes. Slowly the Spireites found their feet and clawed back two goals before time added on.
In the 93rd minute Will Evans scored an equaliser to square the game and complete the comeback.
Like many of the 4123 fans in attendance our client, a Chesterfield Town fan, was elated with the goal. So overwhelmed was he by the turnaround he ran on to the pitch with others to celebrate with the Chesterfield Town players.
After the Match
The police were in attendance at the game and had recorded the celebrations of the fans. They subsequently contacted our client to arrange a voluntary interview. He had the good sense to contact Ben for his expert free and independent legal advice in this interview.
The allegation our client faced was that he had committed an offence under sections 4 and 5 of the Football (Offences) Act 1991 by entering the field of play. Although it is possible for a suspect to raise a defence, they must have lawful authority or excuse to be on the pitch, and must prove that this is the case.
Guilty plea at Chesterfield Magistrates’ Court
Chesterfield football law solicitor Ben Strelley
Football law solicitor Ben Strelley attended court with his client. He was unable to put forward a defence to the charge so pleaded guilty at the first possible opportunity. This would afford him full credit for his plea.
Although this offence would not usually attract a prison sentence, our client had committed this offence during the currency of a suspended sentence order. This means that there was a real risk that this offence would trigger the activation of the suspended sentence. To avoid this, Ben would have to argue successfully that to activate the sentence would be unjust.
Ben spent the time necessary with his client to be able to provide detailed, structured personal mitigation on behalf of his client. This resulted in his client avoiding what might have seemed an inevitable prison sentence. Instead the suspended sentence was varied and he was ordered to undertake 40 hours of additional unpaid work as well as a fine for the new offence.
A football banning order was also imposed. Sometimes it is impossible to mount a successful opposition to these applications! Nonetheless, our client was delighted with the outcome and the fact that he had kept his freedom due to Ben’s expert advice and representation.
Expert representation for a football related offence
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
For many a day trip to see a football match with friends is about more than the match itself. The journey, banter, songs, food and drink are as important as the match itself in making the day memorable. Sometimes, however, a combination of these factors can lead to our clients coming to the attention of the police. This is where our football law solicitors can help.
Chesterfield crime solicitor Kevin Tomlinson
However just because you are guilty of a crime on a day when you attended a football match does not mean that it is a football related offence. Such an argument might mean that you can avoid a football banning order with the help of our football law solicitors.
The order would ban you from attending all football matches in the UK for a minimum period of three years so their effects are far reaching.
Our client was later on a train travelling from Birmingham to Derby coming home from the game. A complaint was made that he was engaging in disorderly conduct. Police officers became involved and he was described as being drunk and shouting and swearing. It amounted to an offence contrary to Section 5 Public Order Act 1986.
Receipt of a postal requisition
The police did not arrest our client at the time but later tried to arrange a voluntary interview but our client chose not to cooperate. As a result, he simply received a postal requisition notifying him of a court date.
The case was to be heard at Sheffield Magistrates’ Court and he instructed Kevin, a keen football fan himself, to assist.
Guilty plea at Sheffield Magistrates’ Court
Kevin’s client accepted that he was guilty of the offence. As a result, in order to take advantage of the credit available, he pleaded guilty. Mitigation was put forward to persuade the Magistrates’ to impose a conditional discharge. This meant that our client would only be punished if he committed a fresh offence within the next 12 months.
In summary, if the application was successful, Kevin’s client would not have been able to attend any FA football match in the UK for three years. As a result, it is important to instruct expert football law solicitors contest any application.
In order to impose a football banning Order it must be shown that the criminal offence was “football related.” Kevin studied the evidence in the case closely and applied the case law to the circumstances of the case.
He was able to successfully argue that there was no link between the offence his client had pleaded guilty to and the football match his client had been to. As the court agreed with his argument no order was made. Kevin’s client was delighted and could continue to attend football matches without restriction.
Contact one of our football law solicitors
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
A recent case dealt with before Lincoln Crown Court alleged to involved football related violence demonstrated the ability of the expert team at VHS Fletchers to work together to secure an excellent outcome for our clients.
The case involved our team representing four clients who were part of a brawl on Lincoln High Street on the day that Lincoln City played Chesterfield Town. An important question was to be whether this was football related violence or not?
The circumstances of the offending
Police were called towards the end of the afternoon to a large fight taking place on Lincoln High Street. Around 20 males were fighting using street furniture, chairs and even metal crowd gates as weapons. These items were being thrown between the opposing parties without consideration for those not involved. Shoppers included the elderly and children who were forced to flee the violence.
How were our clients identified?
After the incident the police took steps to try and identify those involved in the offending. Lincolnshire police ask their Derbyshire colleagues to view CCTV footage and photographs. There were also national press releases. As a result, seven of those involved were prosecuted for the incident.
VHS Fletchers were instructed by four of those involved in the violence. They received our expert legal advice on both the charge of violent disorder and the football banning order applications that might follow.
Charges of violent disorder
All of the defendants were originally charged with an allegation of violent disorder. This offence carries a maximum sentence of five years in prison. Prison is usually inevitable for this charge, even on a guilty plea.
Once the case was transferred to Lincoln Crown Court we began negotiations with the prosecution to see whether a lesser charge of affray would be acceptable. These discussions were successful and as a result charges of affray were substituted instead. Although serious, the maximum sentence for affray is one of three years.
Our clients had always accepted that they were in the wrong, but it was important that they faced the correct charge and one that allowed an opportunity to avoid an immediate custodial sentence. Once the charges were amended, all four of our clients pleaded guilty.
The evidence provided was overwhelming and therefore each client was advised to enter a guilty plea knowing that there was a substantial risk of a custodial sentence.
Once we advanced mitigation on behalf of our clients, the Crown Court judge imposed a suspended prison sentence with unpaid work and financial penalties.
Had the application been successful our clients would not have been able to attend any FA match in the UK for a minimum of 3 years with additional conditions attached.
A pre-condition for imposing a football banning order is that this offence be football related violence. Having studied the evidence closely, and knowing the relevant case law in great detail, our team led by solicitor advocate Kevin Tomlinson drafted legal argument to serve on the court and prosecution.
Not football related violence
This showed through the evidence that there was no link between this offence and the football match. Instead, our clients had been in Lincoln coincidentally and had no tickets for the match or intention to go. As a result, affray was not football related violence.
The court agreed and refused the application made by the prosecution in relation to all of our clients. Our clients were understandably delighted as they could attend football matches without restriction if they wished.
Contact one of our Football law specialists
If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.
