Tag Archives: solicitor

News

Free Police Station Advice Leads to Restorative Justice Outcome

Nottingham and Newark crime solicitor Lauren Manuel recently gave free police station advice to a client at Newark police station.  She showed that just because a person may have committed an offence it doesn’t mean that they should be prosecuted at court.

The client had been contacted by the police to voluntarily attend the police station.  The police wanted to speak to her about an allegation of assault.  This was said to have taken place at a seaside amusement park.  The person said to be assaulted was a security guard.

The Allegation

The boyfriend of our client had been causing trouble at the park.  Security staff were trying to throw him out because he was drunk and behaving in a disorderly manner.  Whilst they struggled with him, Lauren’s client rang the police to complain about the way the staff were treating her boyfriend.  It was claimed that she hit one of the security staff on the head with her phone.  As a result of the attack the security guard received an inch long cut to his head.  He needed hospital treatment.

Free Police Station Advice

When the police tell a suspect that they want to speak to them voluntarily this is likely to create the wrong impression.  The conversation is still a police interview.  It will be an interview under caution.  It is likely to be recorded.  The information that the police gain in interview can be used against a suspect in court.

Lauren’s client realised that she was in a potentially serious situation.  She contacted Lauren to tell her about the interview and make arrangements for her to attend with her.  Lauren would be able to give her advice and protect her interests during interview. Further, because this was an interview by the police under caution the advice and representation would be free of charge.

When Lauren attended for the interview, it was clear that the evidence against the client was strong.  The police had CCTV evidence so she could be clearly identified.   They had also traced the call to the police as coming from a mobile phone registered to her.

The nature of the interview meant that any charge would be Assault Occasioning Actual Bodily Harm.  If convicted at court she could well have faced a custodial sentence.

Restorative Justice Negotiated

Lauren’s client was a single mother with two small children so was obviously very scared at facing the prospect of a prison sentence.  She admitted hitting the security guard although she had not intended to cause him such a serious injury.  She was extremely sorry for what she had done, and wanted to apologise to the victim.

As a result, Lauren advised the client to give her account to the police in interview.  It would be an opportunity to offer an apology and put forward her genuine remorse.

Lauren was then able to make representations to the police that the matter be considered for a restorative justice disposal.  These representations were successful so the prosecution was avoided. The matter was dealt with by her client writing a letter of apology to the victim.

Contact a Newark Criminal Solicitor

This case highlights the importance of instructing a solicitor in a case from the outset.  It remains important even where you may have committed an offence.  We can help you to secure the best possible outcome for you in the circumstances.  We are contracted with the government to provide free police station advice.

Lauren splits her time between our Nottingham and Newark offices. If you are due to be interviewed by the police or have a case before court then please contact her on 0115 9599550 or 01636 614013.  To send a message to her directly email her here.

News

Common assault trial – not guilty verdict

Nottingham criminal solicitor Derek Brown recently represented a client charged with common assault.  In an unusual case, the alleged victim of the assault had not provided a statement.  The evidence upon which any conviction would turn was from an independent eye witness.

This witness claimed that she had seen Derek’s client slap his partner with such force that she was knocked to the ground.

Denied common assault allegation

He accepted the following:

  • that he had been the man that the witness had seen
  • that he had been arguing with his partner in the street
  • that his partner had ended up on the floor but he had fallen with her

Derek’s client had explained his version of events in police interview.  He had explained that the argument had begun at his partner’s address.  He did not wish to continue the argument so chose to leave.  His partner tried to stop him so the argument continued in the street.

His partner continued to try and get him to return to her address.  She grabbed him, and he, in turn, grabbed her.  There was shouting throughout.  During this scuffle. Derek’s client maintained that they fell on the floor but he denied that he slapped his partner as described by the witness.

After the incident, Derek’s client maintained that he helped his partner up and they parted ways, going to their separate addresses.

Cross-examination of a mistaken witness

Derek’s client denied the allegation.  The case was listed for trial.  Both the eye-witness and our client gave evidence.  Derek’s questioning was directed at showing the Magistrates that the view of the eye-witness may well have been impeded taking into account all of the circumstances.  The witness did not know either party so would have had no reason to lie.  She was simply mistaken.

In the end, following Derek’s speech, the Magistrates’ were not sure that his client had hit his partner.  As a result he was found not guilty.

Contact a Criminal Solicitor in Nottingham

Every contested case will require a criminal defence lawyer who can identify a trial strategy.  Derek Brown is an experienced Magistrates’ Court trial advocate so will help identify relevant issues in your case.  If you are under investigation by the police or face court proceedings for common assault or any other matter please contact him on 0115 9599550 or by email here.

News

Pre-emptive strike defence succeeds at trial

pre-emptive strike self defence trial
Nottingham crime solicitor Derek Brown

Nottingham crime solicitor Derek Brown used persuasive advocacy to ensure that his client was found not guilty of assault on the basis of a reasonable pre-emptive strike.

Derek’s client was of good character.  The background to the case was that the complainant had been seeing our client’s boyfriend. This news came out of the blue, understandably causing Derek’s client upset.

Unfortunately, the complainant chose to try and make matters even more upsetting.  She parked outside our client’s house the night before the allegation was made, laughing and using behaviour calculated to provoke a response.

The very next day the complainant was parked up again.  She made an allegation that Derek’s client had approached her in her vehicle, reached through the window and punched her and pulled her hair.  The incident was said to have been unprovoked.  Later in the same day, our client was said to have approached the vehicle again and hit it.

Police Interview as a Volunteer

Our client had been interviewed by the police as a volunteer.  This means that she was not under arrest.  Her answers to questions were still tape-recorded however, and would have the same value as evidence in court even though she was not arrested.

She had chosen not to have a solicitor present in interview.  This might be an unfortunate effect of calling a suspect a volunteer – it perhaps creates an impression that the investigation or interview is somehow less important than when arrested.  Legal advice and representation remains free under legal aid.

Denied assault allegation

In interview, she explained that she had seen the complainant parked up and asked her what she was ‘playing at’.  At that time, the car window was fully wound up.  The complainant stated that she had done nothing wrong, but then suddenly opened the car door and took off her seat belt.

The complainant started to move to get out of the car.  Derek’s client maintained that her body language was aggressive.  She believed she was going to be attacked so before she could get out of her seat she punched her once to the face.  She did this because she believed she was going to be subject to an imminent attack.

Not guilty due to reasonable pre-emptive strike

At trial, both the complainant and Derek’s client gave evidence.  Derek recognised that potential weaknesses in his client’s case of a reasonable pre-emptive strike were:

  • the motive that she had for assaulting the complainant
  • the complainant was hit while still in the car

Despite the problems, Derek’s client gave evidence well.  Derek’s experience meant that he was able to address the Magistrates’ in a strong closing speech.  The Magistrates’ went on to find his client not guilty.

Contact a Nottingham Criminal Defence Lawyer

If you have a difficult case that may turn on whether you instruct an experienced lawyer, then please contact Derek on 0115 9599550 or email him here.

News

Derby Youth Court solicitor deals with serious offences

derby youth court criminal solicitor
Derby crime solicitor Nick Wright

Experienced Derby Crime solicitor Nick Wright recently represented a vulnerable 12 year old client charged with a serious sexual offence involving another child.  He appeared before Derby Youth Court.

As a senior solicitor, Nick had the knowledge and ability to be able to deal with such a serious case that would, in the case of an adult, be before the Crown Court.

Case Remained in Derby Youth Court

Nick was able to support an argument that his client’s case remain before the Youth Court.  This was likely to mean that the proceedings were less formal and would be less stressful for both his client and any young witnesses who had to attend court.

A case of this sensitivity involved numerous meetings between Nick, the client and his family.  It was identified at an early stage that Nick’s client would benefit from an assessment by a child psychologist.  The report prepared confirmed that if the matter proceeded to trial Nick’s client would need the benefit of a trained and registered intermediary so that our client would be able to follow proceedings properly and give evidence, if necessary, to the best of his ability.

Child Psychologist and Registered Intermediary Instructed

As the case progressed and the assessments were completed, Nick continued to meet with the family and his client.  As Nick was able to explain the evidence to his client, his client’s account began to change.  By the end of the process it was clear that he was admitting some but not all of the offending alleged against him.

Nick was able to use his judgement to decide that owing to his client’s vulnerabilities this did not seem like a case where anyone would expect to see his client in custody.  As a result, it seemed likely that the prosecution would be prepared to proceed on the basis of what the client accepted.

Agreed Basis of Plea leads to Referral Order

As a result Nick negotiated with the prosecution pleas to a single offence, and on a basis of plea that reflected what his client accepted doing.  This was accepted by the prosecution and the District Judge managing the case.

Taking into account the reports obtained during the case, and with input from the Youth Offending Team,  the District Judge sitting at Derby Youth Court imposed a Referral Order for the offence.  This is an order designed to intervene in a young person’s life to try and ensure that there is no further offending.

Contact a Derby Criminal Solicitor

If you are being investigated by the police or face court proceedings then please contact Derby criminal defence lawyer Nick Wright on 01332 546818 or email him here.  If you face proceedings elsewhere then you can find your local office here.

News

Fixed Fee Representation at Nottingham Magistrates’ Court

nottingham criminal solicitor
Nottingham crime solicitor Martin Hadley

Nottingham criminal solicitor Martin Hadley recently represented a client who was jointly charged with allegations of production of cannabis and possessing it with intent to supply before Nottingham Magistrates’ Court.

Despite a relevant history of previous offences and very strong evidence, he was able to persuade the prosecution to accept a lesser charge.  As a result, committal to the Crown Court for sentence and a likely prison sentence was avoided.  Further, he represented her under an affordable fixed fee agreement.

Production of Cannabis

The police visited the address of her and her partner, the co-accused.  When the address is searched, the police discover significant amounts of cannabis in the kitchen cupboards.  There also cannabis growing in the loft.

In interview Martin’s client had accepted that she knew about the cannabis grow, but denied that she had been involved with the actual production of the cannabis.  In effect, she was accepting that she had permitted her premises to be used by her partner for cultivation of cannabis.

Although representations were made at an early stage that this would be an appropriate charge, the prosecution did not accept the plea that was offered.  This was perhaps unsurprising as Martin’s client had two previous convictions for production of cannabis, one of which had resulted in confiscation proceedings.  She had also failed to comply with a community order previously imposed.

As a result, Martin had advised her to plead not guilty to production of cannabis and the matter was adjourned for trial.

Plea to an alternative charge

Martin attended trial to represent his client. He renewed the representations to the prosecutor in court and this time they were received more favourably.  His client was able to plead guilty to the alternative charge.

Bearing in mind her record, Martin was unable to provide any guarantees that she would escape a prison sentence.  His experience and judgement, however, led him to believe that the lesser charge in combination with her personal mitigation would allow her to keep her liberty.

After hearing all about the case and listening to Martin’s expert mitigation aimed at avoiding custody, the Magistrates’ felt able to impose a Community Order.  The only elements were residence combined with an 8 week electronically monitored curfew.

Fixed Fee Funding

Martin’s client was not entitled to legal aid.  Her income was just outside the entitlement threshold.  As an experienced criminal defence lawyer, Martin was able to estimate how much preparation would be involved in the preparation and presentation of the case and agree affordable fixed fee representation.

Contact a Nottingham Criminal Defence Lawyer

If you are to be interviewed by the police or face court proceedings then please contact Martin Hadley on 0115 9599550 or email him here. He will advise you as to how best to fund your case, whether that be through legal aid, a fixed fee or hourly rate.

News

Chesterfield Magistrates’ Court Trial Win

chesterfield criminal solicitor
Chesterfield Solicitor David Gittins

Chesterfield Crime solicitor David Gittins was recently instructed  by a client who faced an allegation of assault in a domestic setting.  The case was heard before Chesterfield Magistrates’ Court.

The case called for thorough and diligent preparation.  This included the development of a complex legal argument at a very late stage.  The argument resulted in the prosecution choosing not to pursue the case further.  David’s client had the benefit of a not guilty verdict.

We had represented our client during the investigation stage and David conducted the case before the Magistrates’ Court.

The Allegation

In November 2016 the David’s client was at his home address with his then partner.  An argument began which lasted several hours began. During the argument our client was said to have headbutted the complainant on 3 occasions and tried to bite her to the neck.

David’s client left the address and the police were called immediately by the complainant.  She had a visible injury to her head.

Full Account in Interview

When spoken to by the police, our client accepted that he had been present but had a different version of events.  He said that upon telling his partner during the argument that he was going to leave the property and see a friend the complainant attacked him.  She pushed her head into his, and our client had to push her away so he could leave.

chesterfield crime solicitor
Chesterfield Police Station Representative Rob Lowe

He was again prevented from leaving by being pulled backwards.  Our client again pushed her away fearing a further attack. He said he acted in reasonable self defence and he was in fact the victim.

This account was given in police interview when he was represented by accredited police station representative Rob Lowe.

The Trial

There were no other witnesses to the incident, so David set out to locate information gathered during the police investigation that would strengthen his client’s case.

David obtained a copy of the photograph taken of his client on arrest.  This and the custody record showed that he had no markings to his face supporting the idea that he had headbutted his partner.

Bad Character Evidence

Additionally, David attempted to secure information relating to an earlier incident from August 2016 when his client had called the police alleging that he had been assaulted.  Secondly David wrote to the CPS asking for information about an incident from August 2016 when the Defendant had called the Police alleging that the complainant in this matter had assaulted him.  This might support his client’s account in this case.

This information arrived very late.  This meant that David had to immediately draft an application for his bad character evidence to go before the trial court.  Although the prosecution responded, the response was supplied late and did not contain all of the information that it should.  The hearing was adjourned to the morning of the trial.

The additional information served was previous court decisions.  In fact, they did not help the prosecution.  David addressed the court on the application and this case law.  The court ruled in his client’s favour.  As a result, David was able to ask the complainant about this earlier incident.

Perhaps knowing that David’s client was in the right, the complainant did not attend court for the trial at Chesterfield Magistrates’ Court.  Although the prosecution could have applied to adjourn the case, the work that David had done persuaded them not make the application.  No evidence was offered and he was found not guilty.

Client Feedback

David’s client was very pleased, with this outcome, and after the hearing took the time to send David an email thanking him “for everything and the support you’ve provided in the case.”

Funding

David’s client did not have the benefit of legal aid for his case before Chesterfield Magistrates’ Court.  This was because his income was too high.  He therefore instructed David on a private basis. David gave a realistic and affordable quote from the outset with the Client being kept informed throughout by email, phone and office appointments.

At the conclusion of the David was successful in securing a Defendant’s Costs Order meaning that David’s bill would be paid out of Central Funds by the government and cost the Defendant nothing.

Contact David Gittins for Chesterfield Magistrates’ Court

Should you wish to contact Chesterfield crime solicitor David Gittins, please telephone him at our Chesterfield office 01246 283000 or email her here.

News

Chesterfield Criminal Defence Solicitor Secures Suspended Sentence

chesterfield criminal defence solicitor
Chesterfield Crime Solicitor Serena Simpson

Chesterfield criminal defence solicitor Serena Simpson recently defended a client before Chesterfield Magistrates Court.  The charges were allegations of domestic violence directed to a former partner.

The offences included an allegation of assault occasioning actual bodily harm (ABH) where she had stabbed the victim to the arm and chest with a knife. In addition it was alleged that Serena’s client had followed the male and further assaulted him by punching him to the face.

Serena first met her client when she had been refused bail by the police.  She was detained in the cells to be put before the court for a remand to prison custody.

On meeting the client, Serena immediately realised that she was a vulnerable adult herself.  She provided a history of domestic violence directed against her by the complainant in this case.

Offence on Bail

Serena’s client admitted that due to this prolonged abuse she had picked up a knife and stabbed her violent partner.  She had then turned herself in to the police.  She accepted that while on police bail she had seen the victim.  Although he had followed her, she had slapped him to the face.  There was a further minor public order offence that was denied.

The Prosecution suggested an alternative version in respect of the second allegation.  It was claimed that Serena’s client had followed the victim and punched him rather than slapped him.

Newton Hearing Listed

Serena’s client pleaded guilty to both assaults.  As she disputed the extent of the allegations she put forward her account in a written ‘basis of plea’.  Her account was not accepted by the prosecution.  As the Court felt it would make a real difference to sentence the case was listed for a hearing to decide whether our client’s version of events was correct. This is a trial of issue or a ‘Newton Hearing’.

Serena successfully argued for bail for her client.  She then undertook the preparation for the contested hearing.  It became clear as the hearing the ex-partner did not want to attend court and give evidence.

Serena was keen to bring the case to an end as soon as possible as from meeting with her client it was clear that the ordeal of court proceedings was having an adverse effect on her.

Active Case Management

The case was listed for a case progression hearing at Serena’s request to ascertain whether the hearing was going to be effective in due course.  The prosecution was unable to make a decision until a week before the trial when it confirmed that a hearing was no longer sought and Serena’s client could be sentenced on her version of events.  Further, the public order allegation was dropped.

The case was not yet over, however.  Serena had to prepare for a difficult sentencing hearing as whatever the background her client had still admitted stabbing her ex-partner.

Starting Point of 18 Months?

Sentencing guidelines govern an allegation of ABH.  The prosecution argued that this case fell into the most serious band, and the starting point for any sentence ought to be 18 months imprisonment within a range of 1 to 3 years. Her case was likely to be committed to the Crown Court for sentence even with discount for plea.

Suspended Sentence

Serena provided mitigation to the court outlining the history of the relationship, including the violence directed at her client, and other elements of personal mitigation.  Serena persuaded the District Judge that the case did not fall into the top level of seriousness.  As a result, Serena’s client was able to receive a sentence of 16 weeks suspended for 2 years with a rehabilitation element.

The Judge made it clear that Serena’s mitigation had persuaded him to take this unusual course of action in a case involving knife crime.

Serena’s client was understandably delighted.

Legal Aid Funding

Our client had the benefit of legal aid.  This allowed her to instruct Chesterfield criminal defence solicitor Serena Simpson.  This advice and representation was free of charge to her.  Further information about funding can be found here.

Contact a Chesterfield Criminal Defence Solicitor

If you are investigated by the police or are at court you may wish to instruct Chesterfield criminal defence solicitors VHS Fletchers. Please telephone us at our Chesterfield office 01246 387999.

News

Public Nuisance – or Not?

Nottingham crime solicitor Lauren Fisher recently dealt with an unusual case of before Nottingham Magistrates’ Court.  Her client was charged with an offence of public nuisance.

Allegation of Public Nuisance

Lauren’s client was an elderly gentleman who was said to have been visiting shops with his trousers open, thus exposing himself.  The police and prosecution had apparently been in no hurry to bring the matter to court.  The offence dated back to the summer of 2015, and proceedings were not commenced by summons until the following June.

Our client presented as vulnerable.  He suffered from both mental illness and learning disabilities.  Representations were made on several occasions that it was not in the public interest for the prosecution to continue, but they fell on deaf ears.

This failure to heed these representations was all the more unfortunate when Lauren prepared the case for trial following service of all of the evidence.  Detailed legal research led to a concern that the evidence even taken at its highest could not prove the case.

Lauren’s client was said to have gone into two shops, one after the other. The Crown relied on this to show it was not an “accident”.  He was said to have been told to ‘put it away’ in one shop before going into the second shop still exposed.

Delay Causes Prosecution Problems

It was at this stage, however, that the delay created by the police in investigating the matter created problems for the prosecution.  The witness in the first show was unable to give the date the incident occurred, or even the day of the week.  At most she could say that it had happened in August.

The police had failed to hold any form of identification procedure, so witnesses were not given the opportunity to say whether Lauren’s client was the man seen with his trousers undone.

The lack of evidence to show that our client had been warned of his conduct immediately before a visit to a second shop significantly undermined the a suggestion that his behaviour was deliberate.  The fact that there were only two shop workers in the second shop was arguably insufficient to show a ‘public’ nuisance.

Renewed Representations

Unfortunately the health of Lauren’s client deteriorated over the course of the proceedings.  This led to the need for a psychiatric report to be obtained.  As an alternative to that considerable expense to the public purse, Lauren renewed the representations to the prosecution, combining factors relating to the health of her client with the likelihood of a successful outcome due to lack of evidence.  These representations were supplemented by service of a skeleton argument.

Successful Legal Argument

The matter was listed for a case management hearing and the legal argument was dealt with during that hearing as a preliminary point. The District Judge ruled that the prosecution would be unable to establish that it was Lauren’s client in the first shop on the same day, and that the behaviour gave established, as a matter of law, a public nuisance.

The prosecution offered no evidence and the charge against Lauren’s client was dismissed.

Contact Lauren Fisher

Cases alleging public nuisance may be rare, but Nottingham criminal solicitor advocate Lauren Fisher will show the same level of care whatever the allegation that you face.

If you are due to be interviewed by the police or face court proceedings then please telephone Lauren on 0115 9599550.

News

Parole Granted at First Request

Irene Tolley, Head of Prison Law Department, recently represented a client who wished to apply for parole.  He was serving a sentence made up as follows:

  • Attempt murder police office with firearm – 15 year sentence
  • Robbery – 7 years consecutive
  • Robbery – 7 years concurrent

This total sentence of twenty two years meant that Irene’s client remained a Category A prisoner throughout his sentence and had therefore been detained for thirteen years at high security establishments.

prison law solicitors vhs fletchers paroleIrene’s first involvement in his case was to make representations to his Category A status.  Her submissions in relation to this were immediately successful and he was downgraded to Category B in July.

His first parole hearing was heard a less than a month later.  Irene submitted an application for release on her client’s behalf.  Again, these representations were successful and Irene’s client has his release directed in October.

Such a decision was almost unprecedented.  Irene’s client had not spent any time in lower security prisons and had not completed any releases on temporary licence which would have helped assess suitability for release.

Client Doing Very Well

Irene has had contact with one of the Parole Board members since the decision was made.  Irene is pleased to be able to report that her client is doing very well.  He is in regular touch to update her on what he is up to – he has a job, works with both a High Court Judge and a professor in criminology at Cambridge, and travels the country giving presentations about his experiences.

Contact Irene about Parole

prison law parole hearings
Our Prison Law Services

If you or a family member need advice about parole or any other prison law matter then please contact Irene Tolley by telephone on 0115 9599550 or email her here.

She will be able to advise you as to whether legal aid funding remains available or whether you will need to take advantage of our affordable fixed fees.

 

News

Conditional Discharge for Public Disorder

Nottingham criminal solicitor advocate Phil Plant

Nottingham Solicitor Advocate Phil Plant secured a conditional discharge for his client who was originally charged with affray before Nottingham Crown Court.  Two co -accused faced the affray charge and charges of assault occasioning actual bodily harm.  The case was prepared by senior crown litigator Caine Ward.

Late Night Incident in Drink

The incident took place in a fast food restaurant in Nottingham.  Both sides of the incident had been drinking after a night out in the city centre.  Phil’s client was with his parents and his uncle.

In the restaurant words were exchanged with the co-accused.  The CCTV obtained by Phil showed that his client had been involved in the early part of the incident.

As a result of his behaviour he was manhandled out of the shop by security staff.

In the meantime a melee broke out involving the co-defendants.   They assaulted our client’s father by punching him.  This led to him being knocked out by one co-accused and then whilst on the floor being stamped on by the other co-accused.

Phil’s client was still being restrained at his point, but made threats towards the co-defendants.

Plea to a Lesser Charge

The Crown accepted a plea from Phil’s client to an offence under s4 Public Order Act.  Phil negotiated this plea on the basis that our client had offered the threats after his father had been knocked out.

In relation to the incident as a whole, thankfully our client’s father made a full recovery.

Conditional Discharge Imposed

Following argument persuasive mitigation from Phil, the Recorder  was prepared to deal with his client separately from the two co-accused, ending the ordeal of court proceedings.  He felt able to take the very unusual step of imposing a 12 month conditional discharge.  If his client is in further trouble during the period of the discharge he can be re-sentenced for the original allegation and any fresh offence.  Otherwise the conviction is ‘spent’.

Contact Us

Often the prosecution and court need persuading to look at alleged offence realistically and sympathetically.  As a result you will need a persuasive specialist advocate.  If you wish to instruct us or seek initial advice then please telephone Phil or Caine on 0115 9599550 or email them here.