Tag Archives: solicitor

News

Sexual Activity with a Child Sentence

Nottingham criminal solicitor advocate Phil Plant

Nottingham solicitor advocate Phil Plant recently dealt with a serious case involving sexual activity with a child that required a sensitive presentation of mitigation to secure a just sentence for his client.  The preparation undertaken by senior crown court litigator Sarah Lees-Collier, including the request for a psychologist report, assisted greatly.

Sexual Activity with a Child

Phil’s female client had pleaded guilty to four offences of sexual activity with a child.  She had had a relationship with a teenage boy involving sexual contact.

The relationship had come to the attention of the boy’s mother.  She had contacted Phil’s client and told her of her son’s age.  She was instructed to end the relationship.  This advice was ignored and the relationship continued and moved to a sexual phase.

The boy had provided the police with a detailed victim impact statement describing how he felt that he had been made to grow up too fast.

Our Client was Vulnerable

In turn, Phil’s client presented as very vulnerable.  She suffered from learning impairment and a lack of social awareness.  She had suffered bullying at school and that had led to difficulties for her in forming peer to peer relationships.

In the view of her parents, and confirmed by a psychologist, she was less emotionally mature than her 15 year old sister.  In addition she had been diagnosed with epilepsy that on occasions left her with slurred speech.

Suspended Sentence Imposed

Phil had to approach the case with sensitivity.  The judge accepted that the offending fell within a sentencing bracket that had a starting point of 12 months for at least two of the offences.  The judge as persuaded, however, that taking into account all the personal mitigation a 16 month prison sentence could properly be suspended for 24 months.

Contact Us

If you face a serious case such as sexual activity with a child then you will need your case preparing and presenting by experienced lawyers with a view to securing the best outcome for you.  If you wish to contact Phil or Sarah then please telephone them on 0115 9599550 or email them here.

News

Prohibited Item into Prison Sentencing

Nottingham criminal solicitor advocate Phil Plant

Nottingham criminal solicitor advocate Phil Plant recently travelled to Northampton Crown Court to represent his client who was charged with conveying a prohibited item into prison.  The case was prepared by senior Crown Court Litigator Sarah Lees-Collier.

Prohibited Item Conveyed into Prison

Our client had arranged a visit to see her boyfriend in prison.  At the same time she had arranged to convey a mobile telephone and a quantity of the substance spice that at the time had been a legal high.  It has now been made illegal.

The drop was intercepted at the visits area, having been caught on CCTV.  Suspicions had been aroused when our client was seen passing her baby to her boyfriend.  The baby was reluctant to be passed over.  As this was taking place the swap was noticed.  The items were then seized.

Early Instructions

Phil took instructions from  his client. She maintained that she felt that her boyfriend was under pressure from people inside the prison.  She had made repeated attempts to bring it to the attention of the authorities including writing to her local MP.  These problems were largely ignored save that the defendant was moved prisons.  Within days of the defendant being moved her was viciously attacked and left with a noticeable scar.  It was a result of this attack that she felt under compulsion to take the item in to the prison.

Phil gave early realistic advice that all of this information might be effective mitigation, but would not provide her with a defence to bringing a prohibited item into prison. She accepted this advice and entered a guilty plea at her first Crown Court appearance.

Suspended Sentence Imposed

The Judge was initially prepared to adjourn for reports, and once all of the necessary information was before the court the sentencing Judge was prepared to suspend what was an inevitable prison sentence.  The decision was based on the effective mitigation that Phil was able to put before the court.

Contact Us

Crown court litigator Sarah Lees-Collier

It will be important to you that you receive early advice that allows you to out your best case before the court, whether that is the Magistrates’ or Crown Court.  If you face proceedings, please contact Phil or Sarah on 0115 9599550 or email them here.

News

Disqualified Driving Trial Success

Nottingham criminal solicitor Nick Walsh recently represented a client who was being prosecuted for disqualified driving on two separate occasions.  Once again the progress of this case illustrates that working within the prescriptive Criminal Procedure Rules can place responsibility for providing evidence firmly with the prosecution.  disqualified driving nottingham criminal solicitorIt is another case that shows the failings of the prosecution to provide this evidence.

Nick’s client had been disqualified from driving following a conviction for dangerous driving in 2008.  The disqualification was subject to the mandatory provision that he remain disqualified from driving until he passed an extended driving test.

He had never taken such a test. The prosecution sought to rely on the Driver and Vehicle Licensing Agency (DVLA) record to prove the fact of the disqualification. There was no issue that Nick’s client was the person who was disqualified or that he was driving on the occasions alleged.

Disqualified Driving

Nick’s client informed him that a search of his driver record held with the DVLA showed that the disqualification had been removed. Nick carried out an identical search.  The result was a statement that the disqualification had been removed in 2012.

Pro-active Case Management

At his first appearance our client entered not guilty pleas.  Nick completed the case management form and clearly set out that the issue in the case was whether the disqualification had been removed.  Nick followed this with secure email contact suggesting the evidence that can be agreed.

Nick went further and repeated the relevant issue in correspondence – the prosecution would have to prove that his client remained disqualified from driving.

The prosecution did not respond to the request to agree evidence.  As a result Nick asked that the case be listed for a case management hearing where again the relevant evidential issues whereagain highlighted.

Crown Failed to Secure Admissable Evidence

On the day of trial the prosecution produced an email from the DVLA explaining that the reference to ‘removal’ meant removal from the public record only.  The information was not, however, provided in a form that could be placed in evidence before the court. driving whilst disqualified trial successThe prosecution applied to the court for an adjournment.  Bearing in mind the history of the case and Nick’s engagement with the case management procedure this application was refused.

The prosecution had had ample time to secure the evidence in an admissable form.  As a result the prosecution offered no evidence and Nick’s client was found not guilty of the two charges of disqualified driving.

Contact Nick Walsh

If you face allegations before the Magistrates’ Court and you wish to instruct and experienced solicitor who is capable of adapting to and taking advantage of the changes in case management then please contact Nick Walsh.  He can be telephoned on 0115 9599550 or email him here.

News

Special Reasons Avoid Drink Drive Ban

Mansfield crime solicitor Melanie Hoffman successfully argued special reasons so that her client did not receive a penalty or disqualification despite driving while over the legal limit.

Facts of the Case

Mel’s client had driven to his local pub to enjoy an evening with a friend.  This was a regular arrangement and he had every intention of walking home.

Instead of having a pleasant evening, he and his friend were assaulted in the pub by a group of strangers who entered the pub shortly before closing time.  They were heavily in drink and intent on causing further trouble and threats were made.

Upon leaving the pub, Mel’s client and his friend were again confronted by members of this group, who were by now brandishing tools as weapons.  He and his friend sought sanctuary in the works van, only for this to come under attack.

Some of  the group were able to open the passenger side door with a view to pulling the passenger from the van.  Mel’s client decided that despite having drunk alcohol, his only option was to drive the van off the pub car park.  He genuinely feared for his own and his friend’s safety.

Once on the road the van was pursued by the group who were running after the group and also going to vehicles.  As a result, our client had no alternative but to continued to drive in the direction of the local police station.  Whilst doing so  he called the police via his hands free kit to explain the situation.  The police station was unmanned so that the he needed to continue to drive,  ensuring that he kept in constant contact with the Police as he did so.

Eventually the pursuit came to an end and he was able to pull over and park the van,  knowing that the Police were in attendance to assist. The Police chose to carry out a breath test, which the Defendant failed. He was ultimately charged with a drink drive offence, despite what might have amounted to compelling public interest reasons to the contrary.

Special Reasons Identified

Upon taking instructions from her client, Mel correctly advised him that a plea of guilty would have to be entered as he had driven on a public road whilst over the legal limit to do.  The Crown would not consider withdrawing proceedings.   He would be able, however, to put a special reasons argument before the court to seek to avoid punishment and a driving disqualification that would normally follow such a plea.

He would argue that he had only driven because he genuinely feared for the safety of himself and his friend, and a sober individual would have done the same in these circumstances.

To ensure that her client placed the best argument before the Magistrates, Mel:

  • took detailed statements from the friend and pub licensee
  • ensured that this evidence was agreed by the prosecution
  • played the 999 call made by her client to the court

At the court hearing, Mel’s client gave evidence on his own behalf, and by the conclusion of the case there could be no doubt that the facts were as he described.

The Magistrates found that special reasons did apply in this case.  He received an absolute discharge and no driving disqualification. There was no endorsement of the matter on his driving record and he did not have to pay any prosecution costs.

Contact Melanie Hoffman

It may be that if you are arrested for drinking and driving then you are interviewed by the police.  If so, it is vital that you seek our free and independent legal advice at that stage to make sure that you provide the detail that might provide you with a defence or special reasons to avoid a disqualification.

There are a number of other reasons why you should choose to instruct us at the police station.  They can be found here.

There are a limited number of special reasons that can be put forward to avoid a driving disqualification for a drink drive offence, so if we haven’t been at the police station you will want to instruct us for court proceedings.  We will always advise you about your entitlement to criminal legal aid for Magistrates’ Court representation.

Mel is currently on maternity leave, but if you are being investigated or face court proceedings then please contact her colleagues Tim Haines or Emma Cornel on 01623 675816 or use the contact form below:

Contact

News

Dangerous Driving Acquittal

Nottingham crime solicitor Graham Heathcote recently had the pleasure of travelling to Northallerton Magistrates’ Court to represent a client for dangerous driving who he has represented at his two previous firms of solicitors.  The client chooses to have Graham represent him, presumably on the basis that he may well be able to work wonders with any case.  More of this below…

Dangerous Driving ended in flames?

Graham’s client faced an allegation of dangerous driving.  The allegation involved witnesses stating that he was undertaking, tailgating and attempting to manoeuvre between two moving vehicles in adjacent lanes.  The incident ended with his client’s vehicle off the road and in a field.  The vehicle had rolled onto him all but severing his arm.  The car then burst into flames.

Late Instructions

Graham’s client had such confidence in his abilities that he failed to keep four office appointments, finally attending the office 48 hours before the trial.   Graham only received the MG5, which is a summary of the allegation and the evidence, from the Crown Prosecution Service the day before the trial.  The actual witness statements were only served at 9.45a.m. on the morning of the trial. These included the accident investigation report.

All witnesses were in attendance and prepared to give evidence.  The court was in a position to hear the trial.  An offer of a plea to careless driving fell on deaf ears.

I Can’t Remember

Cross-examination of witnesses was limited as the client could not recall anything of the incident.  Although he gave evidence on his own behalf, that largely consisted of an admission of previous driving offences while asserting that the driving on this occasion didn’t sound like the way he would drive.

After being addressed on the burden and standard of proof, the law relating to dangerous driving and our client’s account the Magistrates found him not guilty of dangerous driving.  He was, however, found guilty of careless driving but kept his driving licence.

Contact Graham Heathcote

If you are denying a case and the evidence is somewhat stacked against you, you ought to telephone Graham on 0115 9599550 or email him here.

News

Historic Sex Allegation Trial

Senior Crown Court litigator Lisa Sawyer recently worked with counsel Michael Levy from  2 Bedford Row  Chambers to successfully defend a client against an historic sex allegation.

Defending an historic sex allegation

The offence was said to have taken place 10 years ago.  The incident wasn’t reported to the police until 2015. Such delays make the preparation of such cases more difficult. Memories are likely to fade and helpful witnesses will be difficult to locate.

The client maintained that any sexual activity was consensual.  He had had recent contact with the complainant on social media which the prosecution claimed indicated that he accepted committing the offences.

Lisa’s client knew that he faced very serious offences.  He was aware that a conviction would not only have an effect on him, but also his family and friends.

The Preparation

Although the case was in Nottingham, our client lived in Glasgow and he wished representation from counsel based in London.  He also had some learning difficulties and was dyslexic.  The geographical and personal complications meant that Lisa had to spend the time necessary to ensure that the client was happy with his instructions including:

  • two lengthy meetings over several hours to take the client through the papers and seek instructions
  • preparing typed instructions and giving the client the time to consider and amend them
  • attend conference with counsel and client in London
  • spend additional time explaining the trial process
  • attending the trial throughout

Lisa’s command of the case and knowledge of the client meant that she was able to reassure the client as to the preparation being undertaken on his case and assist counsel with a steer towards the relevant aspects of the case.

The Verdict

The client gave evidence well before the jury, and after four days the jury returned a not guilty verdict, to the relief of the client.

Historic sex allegation solicitor
Nottingham Crown Court

The preparation and outcome of this case demonstrates that advice and preparation from an experienced litigator on combination with the right advocate can ensure the best outcome for clients.

Contact a Crown Court defence specialist
Senior Crown Court Litigator Lisa Sawyer

Some further information about how we will prepare to defend your case here.  Although our offices are based in the East Midlands we will prepare nationwide representation.  You can find your nearest office here.

If you face an historic sex allegation or any other matter to be dealt with before the Crown Court then please contact Lisa on 0115 9599550.  Alternatively you can use the contact form below.

Contact

News

Derbyshire Solicitor Feedback

Recently we outlined details of a client’s case here where both a contested hearing and immediate custody were avoided.  Derbyshire Solicitor Advocate William Bennett and Senior Crown Court Litigator Ruth Campbell dealt with the case.

Our client has taken the time to complete our client feedback questionnaire and declared that she was ‘very satisfied’ with our overall level of service.  Our ‘excellent service’ needed no improvement.

Her comments were all the more pleasing as she had previously dealt with Banner Jones solicitors whose criminal staff and case load we took on in April 2015.

VHS Fletchers Crime Solicitors Chesterfield

She went on to say that VHS Fletchers would be a first choice of recommendation to anyone who would need an ‘excellent firm of solicitors’.

The form was not enough for the client to spell out the level of service she felt she received, and she continued on an additional sheet to set out that the help and advice of William and Ruth throughout the case was ‘extremely helpful and 100% brilliant’.  She remarked on Ruth’s compassion and understanding, and felt that without this support and advice she would have ‘crashed’.  Our help allowed her to ‘remain strong’.

Aside from being relieved about the outcome, our client is taking full advantage of all of the opportunities that the court sentence is affording her.  She is receiving excellent help from her probation officer, due to meet with Addaction, and has managed to cut her alcohol intake by half.

Derbyshire Solicitor Feedback

We will always welcome feedback. Positive feedback will show staff that they are doing things right, whereas constructive feedback will show us, as a firm, where we need to change to continue to improve the first class service that we try to give all of our clients.

If you have a case that you wish to discuss with a Derbyshire solicitor then please contact your most convenient office.  You can contact Ruth by email or William Bennett here.