Tag Archives: solicitor

News

Chesterfield Criminal Solicitor – No Case to Answer

Chesterfield criminal Solicitor David Gittins recently used all of his court experience to successfully argue at trial that there was no case for his client to answer.  This would mean that all charges would be dismissed.  As a result his client would be not guilty of the offences. Previous criminal behaviour need not mean that a person is inevitably guilty of new offences.

The Allegation

David’s client had been arrested and charged with an allegation of criminal damage. The background was one of anti-social behaviour directed towards a neighbour.  A restraining order had been put in place as a result.

The complainant, as well as having the protection of a court order, had also put up CCTV .  This was specifically to cover a passageway between the two properties.

chesterfield criminal solicitorThe allegation was that David’s client had damaged this camera.  Although the damage was not caught on the camera, and there were no eye-witnesses, the prosecution had chosen to bring the case to court.  The case was brought on the basis of our client’s poor behaviour in the past and because he was in the area at the time the camera was damaged.

Although David’s client had denied the offence in police interview, he appeared to accept causing damage by catching himself on some low hanging wires in the dark.  He himself had called the police the following day to give that account.

The Trial

chesterfield criminal solicitor
Chesterfield Magistrates’ Court

David had seen his client to take instructions and provide advice on on several occasions before the trial date.  David had also taken the time to visit the property.  He took photographs to allow the Magistrates to fully understand the scene.

These instructions allowed David to develop a case plan ensuring that he knew what evidence was required from the witness to secure an acquittal for his client.

At trial the owner of the CCTV attended and gave evidence about the its location and how and when it was fixed to the wall.  During his evidence the witness accepted “it was possible” that some of the wires may have dropped. David knew this answer was key. Previously in discussions with the prosecution,  it was claimed that there were no such wires.

The witness gave evidence for the prosecution for over 30 mins. David then questioned the witness himself, although he chose to only a small number of questions.  This questioning only lasted three minutes.

chesterfield criminal solicitorAfter the prosecution case had finished, David made an application that the case ought to be dismissed.  This was because there was simply no evidence upon which his client could be convicted.  The prosecution witness had confirmed what his client had said about loose wires.  There was no eye witness testimony to the incident.  As a result there was no evidence to challenge his account.

The Magistrates retired and returned a short while later accepting David’s argument and dismissing the case.

His  client was delighted as he was subject to a Suspended Sentence Order so any conviction would have almost certainly resulted in a prison sentence.

Criminal legal aid in the Magistrates’ Court 

Chesterfield criminal solicitor david gittinsLegal aid is available for advice and representation before the Magistrates’ Court.  It is dependent upon our clients satisfying the legal aid agency of the merits of their cases and that they qualify on their means.

In this case, David’s client had the benefit of legal aid which means that his representation was free of charge to our client.

Instruct a Chesterfield criminal solicitor

criminal damage not guilty verdict
Chesterfield partner and crime solicitor David Gittins

Whether you find yourself under investigation by the police, or facing proceedings before the Magistrates’ or Crown Court, you will want to instruct a specialist Chesterfield criminal solicitor to present and argue your case.  We will give you a clear idea of what needs to be achieved and how it can be will benefit you.

There are many reasons to take advantage of our free and independent legal advice in police interview.  You can read about those here.

If you wish to instruct Chesterfield criminal solicitor David then please telephone him on 01246 387999 or contact him using the form below.  Details of your nearest office can be found here.

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News

Lack of identification evidence leads to not guilty verdict

identification evidence nottingham crime solicitor
Nottingham Magistrates’ Court

Nottingham crime solicitor Lauren Fisher represented her client at Nottingham Magistrates’ Court who was charged with assault. After she properly identified that the issue in the case was identification evidence, the prosecution did not manage to secure the evidence that her client was responsible  in time for trial.  Not guilty verdicts followed.

The allegation

A member of the public had seen two males being assaulted so went to their aid.  Both males are drunk and in company with a female.  One of the males then becomes aggressive and pushes the female before attempting to hit the person who had been helping them.

Although the male walks away with the female he is followed by the member of the public.  He is then seen to kick the female and swing her around by her bag.  He calls the police because of his concerns.

When the police arrive, no complaint is made by the female.  Lauren’s client is in a group of three males by this time.  He is spoken to by the police and taken home, but then received a notification that he had to attend court.

No identification evidence…

Lauren advises him on the statements received.  There is not a statement from anybody identifying him as the person who either swung for the member of the public or kicked the female.  He enters not guilty pleas.  Lauren makes it clear on the case management form that identification will be the issue in the case.

…and still no identification evidence

Despite this, the prosecution serve no additional evidence until the morning of trial.  This is in an additional statement from the eye witness stating that he had pointed out the male to the police.  There was, however, no corresponding statement from the police officer confirming that if was Lauren’s client who was identified.

The prosecutor had to therefore make an application to adjourn the trial to try and put right this evidential problem.  The was opposed by Lauren, bearing in mind the time the Crown had had to secure any evidence.  The Magistrates’ decided that it was not in the interests of justice to grant the prosecution the adjournment.  As a result the prosecution had no alternative but to offer no evidence.  The charges were dismissed and Lauren’s client was found not guilty.

Contact a Nottingham Criminal Law Solicitor

identification evidence nottingham crime solicitor
Nottingham crime solicitor Lauren Fisher

Whether you face a police investigation or Magistrates’ or Crown Court proceedings you will wish to instruct a specialist criminal defence lawyer with an eye for detail who will fight your case.  This can be particularly important in cases involving identification evidence.  The identification might be by eye witnesses, from CCTV or from forensic evidence so the legal approach will be different in each case.

If you wish to instruct Lauren Fisher then please telephone her on 0115 9599550 or use the contact form below.  Alternatively, you can find you nearest office here.

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News

Legal Aid Granted After Exceptional Hardship Application

Nottingham crime solicitor Lauren Fisher  pursued an exceptional hardship application for her client to ensure that he had the benefit of legal aid.  She then ensured that his trial was prepared properly with the Crown, once again, failing to secure the evidence that would provide a realistic prospect of conviction.

The circumstances of the offence

exceptional hardship criminal legal aid nottingham vhs fletchers
Nottingham Magistrates’ Court

Lauren’s client was charged with and allegation of common assault.  A member of the public had reported the assault.  When the police attended at the scene they found the alleged victim who named Lauren’s client as being responsible for an unlawful assault.  He was named and arrested nearby.

In interview, Lauren’s client maintained that he could not remember anything about the night.  Unsurprisingly he was charged to court.

A few days later, his partner made a further statement to the police.  She stated that she had been drunk when she made her original statement.  The incident had also been two-sided and she had not been assaulted.  Due to the fact she was no longer a helpful witness to the prosecution she was tendered to the defence.  This means that Lauren could call her as a witness if she wanted.

Lack of identification evidence

The prosecution had not noticed that without this witness there was no evidence identifying Lauren’s client as the man involved in the incident.  This was the case because the eye witness had not been present when our client was arrested.  As a result of the original statement by our client’s partner there had not been identification procedures.

Once Lauren had identified this she properly put the court and prosecution on notice that identification would be a trial issue.  Had she not put the prosecution on notice it was likely that the prosecution would be granted an adjournment to seek the necessary evidence.

Failure to hold a VIPER procedure

Despite being warned of the problem with the evidence the prosecution and police failed to pursue the VIPER identification evidence.  Lauren’s client confirmed that he would consent to the procedure late in the case.  As a result his details were passed to the officer to make the necessary arrangements.

nottingham criminal legal aid exceptional hardship

Despite this, by the trial no attempts had been made to make the arrangements for a video identification parade.  As a result the prosecution took a realistic approach and offered no evidence.

Magistrates’ Court Criminal Legal Aid Exceptional Hardship

Criminal legal aid in the Magistrates’ Court is subject to both a merits and means test.  Firstly, the Legal Aid Agency has to be sure that there are features of the case that mean that legal aid should be granted.  The defendant is also subject to a means test.  There is no contribution, so if the defendant earns over a certain level after deductions then legal aid is not available.

It is possible, however, to make an application to the Legal Aid Agency to ask that legal aid is granted on the basis of exceptional hardship.  This procedure involves the defendant’s solicitor setting out the likely fees to represent them at court and then asking the Agency to say that the expense would be more that they could afford.

In this case, Lauren spent the time with her client assessing that such an application would be worthwhile.  Because of this he was able to have the benefit of free advice and representation at the Magistrates’ Court trial.

Contact a criminal law solicitor in Nottingham

exceptional hardship criminal legal aid VHS Fletchers
Nottingham crime solicitor Lauren Fisher

Whether you face a police investigation or proceedings before the Magistrates’ or Crown Court you will want to instruct a specialist criminal defence lawyer.  We will provide you with advice and representation that you can afford.

Please remember that advice and representation in police interview is always free of charge under the legal aid scheme.  This is always true whether you are interviewed while under arrest or as a volunteer, at the police station or another place such as your home.

We will always provide advice as to whether an exceptional hardship application is likely to succeed and advise on the process.

If you want to instruct Lauren Fisher then please telephone her on 0115 9599550 or use the form below.  Alternatively, you can find your nearest office here.

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News

Early Guilty Plea Leads to Suspended Sentence Order

Derby crime solicitor John Young represented a client before Derby Magistrates’ Court.  His client had placed himself in a very serious situation because he committed a number of assaults at a working men’s club.  This case demonstrates the benefit of an early guilty plea in an appropriate case.  John was able to build his mitigation on these pleas to persuade the court that an immediate prison sentence could be avoided.

The allegations

John’s client had been charged with allegations of assault occasioning actual bodily harm and three common assaults.  These offences involved four members of the same family, including two vulnerable victims.

The incident developed following an argument between our client’s wife and others in the club.  There was some pushing and shoving from both sides of the argument, coupled with some threats.  This initial incident appeared to blow over.

Unfortunately, the incident flared up again.  No doubt due to the drink consumed, John’s client repeatedly punched the first victim. and then assaulted the others.  He was restrained while the police are called.  Fortunately, the injuries were relatively minor, but there were other families and young children present who were upset.

Sentencing Guidelines

early guilty plea derby crime solicitor vhs fletchersThe offence of assault occasioning actual bodily harm can be heard before the Crown Court.  This might have been a case that the Magistrates decided ought to be sentenced there because a number of aggravating features were present:

  • offences in a public place
  • our client was in drink
  • children were present and affected
  • injury was caused
  • two of the victims were vulnerable
  • it was a sustained and repeated attack
  • arguably an intention to cause more serious injury than resulted

As a result, the case could easily have been categorised within the most serious category of offending with a starting point of 18 months in prison if John’s client had sought a trial.

Early Guilty Plea

John’s client faced a choice as to whether he ought to plead guilty or not.  He felt aggrieved about how the incident had started.  John took the time, however, to take him through the evidence and explain why he was guilty of the offences.  Further, John explained to him the benefits of an early guilty plea.  This is in terms of both credit (a reduction in sentence) and because it arguably shows remorse for offending.

It is always more difficult to persuade a court to be lenient where a client has been found guilty after a trial.

Mitigation leads to suspended sentence order

Although the offence was serious because of the early guilty plea the court was able to say that the remorse expressed was genuine.  The court took account of John’s client’s good work record and settled relationship.  He was also the sole breadwinner supporting his wife and child.

In recent times he had had problems with both his health and debt.  He had a limited record of convictions and had not appeared before the courts since 2009.

As a result of John’s careful mitigation, his client received a short sentence of eighteen weeks suspended for two years.  This was combined with a substantial number of hours of unpaid work and compensation.  The case was kept before the Magistrates’ Court.

Contact a Derby criminal law solicitor

early guilty plea derby criminal defence lawyer
Derby crime solicitor John Young

Whether you face a police investigation or proceedings before the Magistrates’ or Crown Court you will want to instruct a criminal defence lawyer that gives you appropriate advice.  This will help you secure the best outcome for you, whether that is due to an early guilty plea or by having a trial.

If you want to instruct John Young then please telephone him on 01332 546818 or use the form below.  Alternatively, you can find your nearest office here.

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News

Suspended Sentence Order Allowed to Continue

suspended sentence order chesterfield crime solicitor
Chesterfield Magistrates’ Court

Chesterfield Crime Solicitor David Gittins recently used all of his experience to identify a reason why it would be unjust for the Court to activate a Suspended Sentence Order.  His job was made all the more difficult as the new offence was an assault on the same victim.  David was successful in persuading the court that justice could be best served by his client receiving a further opportunity.

Offending during a suspended sentence order

David’s client had been arrested and charged with an allegation of common assault. It was said that whilst in drink he had punched his partner who was trying to get him to leave her car. This was witnessed by others at the scene and resulted in both police and ambulance staff being called.

suspended sentence order chesterfield crime solicitor
Chesterfield Police Station

David’s client was taken to the police station.  He chose not to answer questions in interview, instead providing a “no comment” interview.  He was, unsurprisingly, charged with the offence.  The case was initially listed for trial.  This was because our client initially wished to argue that he was acting in self-defence.  Further analysis of the evidence and legal advice from David meant that he changed his plea to guilty.

Legal advice leads to sensible guilty plea

This guilty plea put David’s client in breach of a suspended sentence.  That offence had also been committed in similar circumstance.  As a result, it appeared highly likely that the court would activate the suspended sentence.

David spent some time with his client so he could obtain any information that could be used in mitigation.  He also took the time to seek information from the probation officer at court.  The officer was able to confirm that his client was progressing well on the community elements that comprised the suspended sentence order.  This information gave our client an opportunity to argue that he ought to be given a further opportunity.  Instead risk was best addressed in the community.

David addressed the District Judge at length about the reasons behind the recent offending.  He offered forward the personal mitigation.  This was linked to  good progress that his client was making with both the probation  and mental health services.

He was able to outline how any period of imprisonment would be detrimental to his client’s rehabilitation because the support and treatment he was currently receiving would not be available in prison.  He was at risk of losing stable accommodation which is so important in an offender’s rehabilitation.

Suspended Sentence Order Allowed to Continue

The District Judge agreed that it would be unjust to activate the suspended sentence because of the detailed mitigation put forward by David. Instead he imposed a further suspended sentence order. The breach had to be marked so the operational period of the original suspended sentence order was extended by two months.

David’s client was obviously delighted with the opportunity to continue to turn his life around and receive treatment within the community.

Criminal Legal Aid Available

 Legal Aid is available for Magistrates’ Court proceedings, although it is dependent on a merits and means test being satisfied.  In this case, David’s client was able to receive legal aid for his representation.  As a result our advice and representation was free of charge to him.

 Contact a Chesterfield Crime Solicitor

Chesterfield criminal defence lawyer chesterfield
Chesterfield Crime Solicitor David Gittins

Whether you face a police investigation, Magistrates’ Court proceedings or a case before the Crown Court you will wish to instruct a criminal law specialist.  We provide advice and representation nationwide from out offices across the East Midlands.

If you wish to instruct David then please telephone him at our Chesterfield Office on 01246 283000 or use the contact form below.  Our other offices can be found here.

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News

Adjournment refused, not guilty verdict follows

nottingham criminal defence solicitor adjournment
Nottingham Magistrates’ Court

Nottingham crime solicitor Lauren Fisher recently represented a client at a Magistrates’ Court trial.  The case was an emotive one because it was alleged that he had assaulted his young son by dragging him from one room to another.

Police attended at the address later in the day following a report by the  mother that Lauren’s client was preventing her from leaving the address.  This informs police that she saw our client drag the child by his feet earlier in the day.  The child confirmed this at the time and there was a visible injury.

Young witness support defence account

The child provided a video statement.  Although the child was originally a witness for the prosecution, a review of the video evidence showed that the account given was inconsistent with that of the adult witness.

This final account supported what Lauren’s client said about the incident – the child had been playing with a knife so our client intervened, took the knife and dragged the child away by the hand.  As a result there was no unlawful assault.

Lauren took the unusual step of serving this interview on the prosecution so that she could invite the Crown to agree the evidence.  As an alternative a hearsay application was served because nobody with care of the child was prepared to allow the child to come to court.  Lauren shared the view that the child should not need to be present at court.

Prosecution failure to comply with duty of disclosure

The day before the trial the prosecution had the case listed for a Case Management Hearing.  The Crown had failed to comply with its duty of disclosure.  Agreement is sought to adjourn the trial in the absence of Magistrates but Lauren did not agree.  Her client did not wish further delay in the case so the case was adjourned to the trial date.

On the morning of the trial the prosecution still do not have the information it needed so a further application to adjourn is made.  Lauren insisted that the prosecution present a proper chronology of how the Crown had dealt with disclosure.

When the Crown presented the chronology it was clear that the reviewing lawyer had requested information that undermined the credibility of the remaining witness.  The lawyer had made the request time and again but it had been ignored by the police.

Eventually the police confirmed that there was such information but still did not pass it to the prosecution but it was not available for the trial.

Prosecution adjournment opposed

The prosecution adjournment was sought on the basis of the public interest in a charge of this nature being heard properly.  Lauren opposed the adjournment on the following grounds:

  • there was the likelihood from the outset that the witness was not telling the truth
  • the child involved confirmed there had been no offence committed
  • the proceedings were causing problems for her client before the family court
  • summary justice should mean speedy justice so the prosecution and police should not be allowed to ignore the rules

A not guilty verdict was recorded

The District Judge considered the representations and refused the adjournment request.  As a result the prosecution were not in a position to proceed and offered no evidence.  A not guilty verdict was entered.

Instruct a criminal law specialist

nottingham criminal defence lawyer adjournment
Nottingham crime solicitor Lauren Fisher

Whether you face police investigation, Magistrates’ Court trial or Crown Court proceedings you will want to instruct a specialist in criminal law who will spend their time trying to secure the best result for you.

If you wish to instruct Nottingham criminal defence solicitor Lauren Fisher then you can telephone her on 0115 9599550 or contact her using the form below.

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News

Successful Police Station Accreditation for Elliott Moulster

Ilkeston crime solicitor Elliott Moulster
Trainee solicitor Elliott Moulster

We are pleased to announce that our trainee solicitor Elliott Moulster has successfully completed his Police Station Accreditation.

This means that he is now able to represent clients at the police station who have requested the duty solicitor.  He has also proved himself able to represent our own clients or duty clients who face the most serious of allegations that if charged could only be heard at the Crown Court.

Police station accreditation

As would be expected, the process for securing such a qualification is onerous.  Although Elliott was exempted from the written examination as he has completed the Legal Practice Course, he still have to undertake the preparation of a portfolio of his work for assessment and take part in the Critical Incidents Test.

Two part portfolio

The Portfolio is in two parts.  For the first part he had to work with experienced Duty Solicitor Lauren Manuel.  He attended the police station with her and observed two cases where she provided the advice.  Elliott then attended on two further occasions and was observed providing the advice himself.

The second part of the portfolio involved Elliott attending the police station himself, assessing the evidence and providing the advice himself.  He then had the opportunity of speaking with Lauren about the issues that arose and the decisions that he made.

The written portfolio is then assessed by an independent organisation to ensure that Elliott has demonstrated the necessary understanding of the complex law and evidential issues that can arise at the police station.  Only when he has proved that can he pass the accreditation.

Critical incidents test

The Critical Incidents Test is the second part of the assessment.  The purpose of this test was to assess your Elliott’s effectiveness in the police station.  It simulates police station situations so Elliott had to listen to audio recordings of extracts from typical police station situations.  He then had to record appropriate responses to these conversation.

The purpose of this test was to assess:

  • the appropriateness of his responses
  • his oral communication skills, and
  • his assertiveness

As a result, if Elliott should represent you at the police station then you can be sure that you are in safe hands.  His abilities have been independently tested before he meets you!

Contact a solicitor or police station representative

nottingham crime solicitor police station accreditationWe offer 24 hour representation at police interviews nationwide.  If you are a suspect in a criminal investigation such representation will always be free of charge to you under the legal aid scheme where you are interviewed by the police, whether this is as a volunteer or under arrest, whether in the police station or at another location such as your home.

Please contact your local office if you know you are to be interviewed, or make sure the police contact us if you are under arrest.  Any of our office numbers will allow you to speak to a lawyer 24 hours a day all year round.

News

Prison Avoided For Repeated Restraining Order Breach

derby criminal defence lawyer mitigates restraining order
Derby crime solicitor John Young

Derby crime solicitor John Young recently acted for a client who faced what appeared to be an inevitable prison sentence.  His client had an appalling history for breaching his restraining order.  A first order had been made in 2010 but this had been breached five times.

Although that order was revoked in 2012, a  second Restraining Order was imposed in 2014.  That order had already been breached 10 times with the most recent sentence for breach being three weeks prior to this sentencing.

New breaches of a restraining order

John’s client was originally charged with two allegations of breaching the restraining order.  On the second occasion he had been arrested at his ex-partner’s address so was clearly guilty of the offence.  However John was able to negotiate with the prosecution that it wasn’t in the public interest to proceed with both charges.  As a result, his client only pleaded guilty to the single offence.

All of the circumstances would suggest that a prison sentence was inevitable in this case:

  • offence committed during a period of supervision
  • offence placed him in breach of a community order
  • he had an extremely poor record for identical offending

The sentencing guidelines suggested that not only should the case be dealt with by a prison sentence, but that the client should have been committed to Derby Crown Court for sentence.  A sentence of six months in prison was represented by the prosecution as being insufficient because of these guidelines.

Suspended sentence rather than immediate custody

Instead, John used all of his experience and persuasive advocacy to ensure that his client received a further chance to turn his offending around while in the community.   It is hoped he can avoid further breaches of his restraining order.

Continuity of Representation

John’s client was assisted by the fact that we are able to provide continuity of representation in most cases.  He had dealt with his client for the previous court appearance so knew all of his background and the history of previous orders.  As a result, all of this worked to his client’s advantage.

John’s client was both surprised and pleased to receive a suspended sentence rather than an immediate prison sentence of some length.

Contact a Derby Criminal Defence Solicitor

We offer 24 hour emergency advice and representation for those being investigated for criminal offences or detained for court at weekends.  Police station advice and representation will always be free of charge to you, as will any interview with the police under caution, whether you are arrested or a volunteer, at the police station or at your home address.

The locations and contact details for your nearest office can be found here.

John Young can be contacted on 01332 546818 or if you want to email him then please use the form below.

News

Alumni Fellowship at Nottingham Law School

As a Nottingham Law School Alumni, our trainee solicitor Elliott Moulster has recently been asked to join the NLS Alumni Fellowship. The aim of the fellowship is to help put students at Nottingham Law School in contact with members of the legal profession. It is hoped that in doing so, legal professionals are able to share their knowledge, skills and experience with the next generation of lawyers.

VHS Fletchers currently supports students with placements and work experience.  Elliott was very keen to join the Alumni scheme and maintain a positive relationship with the university. Whilst Elliott was at university, he personally benefited from a professional mentor and can therefore appreciate how beneficial they are to students.

Valuable Experience

The Fellowship provides many different ways for professionals to get involved and actively encourages its members to come up with novel initiatives. Some of the activities that the program runs include:

  • mentoring
  • networking events
  • employability workshops
  • blog writing
  • opportunities for pro-bono work

So far, Elliott has supported and attended numerous events run by the university. He has also started mentoring students interested in a future in criminal law. Although as a trainee he may still have a lot to learn and experience himself, Elliott knows he can assist. He will be particularly helpful in explaining how to make the jump from university to professional practice as he has only recently done so himself.

Developing our involvement

nottingham law school alumni fellowship
Trainee solicitor Elliott Moulster

Elliott is also currently looking for ways to expand his involvement in the scheme.  These include ideas such as drop in mentoring sessions currently being discussed.

Overall, Elliott feels that it is an extremely worthwhile and rewarding opportunity. One of which he is also very thankful to have the firm’s support in pursuing. The university is always looking for more fellows and Elliott would encourage as many people as possible to get involved.

Contact Elliott Moulster about the Alumni Fellowship

If you have any queries about the scheme or how Elliott could help you then please telephone him on 0115 9441233.  You can email him here.

News

Breach of a suspended sentence at Chesterfield Magistrates

breach of a suspended sentence Chesterfield criminal solicitor
Chesterfield crime solicitor David Gittins

Chesterfield Crime Solicitor David Gittins recently represented a client in difficulties at Chesterfield Magistrates’ Court.  The client had committed an offence in breach of a suspended sentence.

The court would have to be given a good reason not to activate the sentence.

 

 

The Allegation

David’s client had been arrested in relation to two allegations of common assault owing to having been drinking all day.  He had drunk about 20 pints of lager so had not considered the consequences.

His partner who had been with him left the public house.  Unfortunately she had taken an item of sentimental value belonging to the pub landlord.  As a result the landlord understandably followed her and retrieved the item.  Meanwhile, David’s client remained at the pub.

When his partner returned she was suddenly tripped up and landed heavily on the floor.  Without thinking, our client punched the male to the face and a small scuffle began. The scuffle ended after a few moments and the David’s client began talking to others at the scene.

During this time, he lashed out again, punching another male to the face before walking away from the pub.

Offence in breach of a suspended sentence

When charged and before the court David’s client accepted that he was guilty of the charges.  He entered guilty pleas.  Unfortunately, these offences were committed in breach of a suspended sentence imposed three weeks previously.

As a result, the court would immediately consider that the suspended sentence ought to be activated.  A separate sentence would be imposed for the new offences. The likelihood was that this would happen at the first appearance and without reports being prepared.

Mitigation sought to try and avoid the inevitable

David secured information to put before the Court in a bid to convince it not to send his client to prison.  David took detailed personal mitigation from his client. The client was very proud to say that he had undertaken a period of alcohol abstinence and had been dry, albeit for a short period.

His main concern was not for himself but rather his daughter.  He cared for her four nights per week so that his ex-partner was able to work on the evenings he had his daughter.  If his client was sent to prison it was unclear who would provide the necessary case.  His ex-partner may have had to leave her employment because there were no other family members close by to assist.

Additionally any period of imprisonment would have resulted in our client’s  online business closing so staff would be made redundant. His current partner would be as a result unable to maintain payments on their family home.  Customers would lose out as well.

David spoke with the probation service at court.  Therefore he gained information confirming that his client was progressing well on his suspended sentence order.  He had begun to resolve long term issues in his life.

Unjust to activate the suspended sentence

Owing to his detailed preparation, David was able to address the Magistrates at length about the reasons behind the recent offending.  He could provide significant personal mitigation.  David outlined the good progress that his Client was making under his current order.  Much emphasis could also be placed on the impact to others if our client was sent to prison.  This last factor was perhaps the most important in persuading the court it was unjust to activate the prison sentence.

After listening to this extensive mitigation the Magistrates agreed that the suspended sentence should not be activated. Instead they imposed a community order with a stand alone curfew for 12 weeks.

Following the breach of a suspended sentence the court extended the operational period by 6 months.

Our client was relieved not to face a prison sentence and because of that he was delighted with the outcome.

 Contact a Chesterfield Criminal Defence Lawyer

If you find yourself under investigation by the police or face court proceedings and wish to instruct David then please him telephone at our Chesterfield office on 01246 283000.

Alternatively you can contact him using the form below.

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