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Assaults on Emergency Workers – a new offence

Assaults on Emergency Workers

The penalties for assaults on emergency workers have been in the news recently.

Is there a specific offence covering assaults on emergency workers?

 Until now the only specific offence has been that of assaulting a police officer. This is a summary only offence which carries a maximum of 6 months imprisonment.

There has always been an option to charge an offender with more serious offences, such as actual or grievous bodily harm, if the injury to the officer is more serious, and this will remain the case.

However, most lower level assaults on emergency workers have had to be charged as common assault – an offence carrying a maximum of 6 months imprisonment.

assaults on emergency workers

What is changing?

A new law has been passed which will create a new category of common assault – assaulting an emergency worker in the exercise of their functions.

If your neighbour was a police officer and you got into a dispute and assaulted them, the new provisions would not be triggered as they would not at that time be acting as a police officer (‘in the exercise of their functions’), but if you assaulted a police officer while being arrested, the provisions would be triggered.

The Assault on Emergency Workers (Offences) Act 2018 came into force on 13 November 2018.

Who will this cover?

“emergency worker” means—

(a) a constable;

(b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;

(c) a National Crime Agency officer;

(d) a prison officer;

(e) a person (other than a prison officer) employed or engaged to carry out functions in a custodial institution of a corresponding kind to those carried out by a prison officer;

(f) a prisoner custody officer, so far as relating to the exercise of escort functions;

(g) a custody officer, so far as relating to the exercise of escort functions;

(h) a person employed for the purposes of providing, or engaged to provide, fire services or fire and rescue services;

(i) a person employed for the purposes of providing, or engaged to provide, search services or rescue services (or both);

(j) a person employed for the purposes of providing, or engaged to provide—

(i) NHS health services, or

(ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public.

It is immaterial whether the employment or engagement is paid or unpaid.

assaults on emergency workers

What is the penalty?

The maximum penalty will increase from 6 to 12 months’ imprisonment.

Is there any further effect?

The legislation will also create a statutory aggravating factor. This means that if a different offence is charged (such as actual bodily harm, for example) where the victim is an emergency worker, it will be seen as an aggravating factor which merits an increase in the sentence to be imposed.

Within the current sentencing guidelines, it is already an aggravating factor to assault a person serving the public, but the legislation will put the position on a statutory basis.

Why is this happening?

There has been an increase in assaults on emergency workers in recent years.

Government statistics reportedly show

  • 26,000 assaults on police officers in the last year
  • 17,000 on NHS staff
  • an increase of 18% in assaults on firefighters in the previous 2 years
  • a 70% increase on assault on prison officers in the 3 years up to 2017.

As a result of these increases, new legislation was proposed, and this will be the first time there is a specific offence extending protection to those carrying out the work of an emergency service.

Whether this sentence increase will deter assaults remains to be seen, with most commentators being sceptical at best.

How can we help?

Those facing allegations of assaults on emergency workers will always know that the court will treat these allegations seriously, with or without another piece of legislation.

If you are arrested or know that the police wish to speak to you about an offence of assault upon an emergency worker or any other allegation then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

You can read about a case where we made representations causing the prosecution to drop a case here.

This case illustrates the care we take to ensure a guilty plea to assault on medical  is the right choice for a vulnerable client.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

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Amending the Advocates’ Graduated Fee Scheme

We have prepared our response to the latest Government consultation on legal aid funding entitled Amending the Advocates’ Graduated Fee Scheme.  This time the Ministry of Justice wishes assistance on how to spend what is described as £15m of ‘new’ money on fee payments for those undertaking Crown Court advocacy.

It is optimistically hoped that the proposed fee scheme will attract suitable candidates to both the Bar and solicitors’ profession.

Unfortunately it seems unlikely that these proposals address these aspirations once the fee structure is looked at in detail.

For example, this view expressed within the consultation document is in conflict with the aim of properly funding those entering the profession.

Surely this paragraph ought to be acknowledging the damage to the junior end of the profession by choosing this as a priority?  Instead it trumpets redistribution of existing funds to the cases that more senior counsel undertake?

We wonder if anyone involved in the initial negotiation, particularly the Young Barristers Committee, is regretting expressing this opinion by now?

The consultation document seems to express a genuine interest in the views of the profession.   As a result there may be every reason to engage with the consultation.  It is hoped that organisations such as the Law Society, CLSA and SAHCA will be making strong arguments on behalf of the solicitors’ profession as a whole and preparing responses detailing the realities of the fee cuts.

Having said that, we also approach the consultation with a certain amount of cynicism.  The last two substantial consultations have resulted in Judicial Review proceedings when the government ignored the opinions proffered.

The Ministry has pledged a review of the current scheme.  It is hope that this isn’t the same level of commitment that the government has shown in relation to its review of LASPO.  We still wait for that to be concluded while people continue to be excluded from the legal aid scheme.

We have a number of concerns about the fee scheme in its entirety.  If fails to reward those at the beginning of their careers and then penalises specialist advocates later in their career who deal with complex cases with a high page count.

It represents a significant cut in fees for many types of case and will not assist with in preserving the future of criminal advocacy.

Our response to the consultation on amending the Advocates’ Graduated Fee Scheme

The Law Society response can be found here.

The Criminal Bar Association response can be found here.

News

New sentencing guidelines for child cruelty offences

The Sentencing Council has published a new guideline for how those guilty of child cruelty offences should be sentenced.  It covers three offences:

  • cruelty to a child;
  • causing or allowing a child to die or suffer serious physical harm; and
  • failing to protect a girl from the risk of female genital mutilation (FGM).

Sentencing Council member Mrs Justice Maura McGowan said:

“Child cruelty offences vary greatly. They can range from a one-off lapse of care which puts a child at risk of harm to a campaign of deliberate cruelty which leads to serious injury or even death. This new guideline will help ensure sentences that reflect what the offender has done and the harm to the child. It states for example that cases involving very significant force, or multiple incidents of serious cruelty should always be treated as being in the highest category of culpability. The guideline will also assist sentencers in cases where the offender has also been the victim of abuse from another.”

child cruelty offences

When does the guideline come in to force?

The sentencing guideline for child cruelty offences applies to all cases sentenced on or after 1 January 2019.  This means that cases charged before that date may be affected by the changes if there is to be a sentence after that date.

Does it apply to all offences of causing harm to a child?

No, it doesn’t.

When someone is prosecuted for harming a child, the offence charged will vary according to the circumstances.  It is important to distinguish the offences in this guideline from other offences that may be charged, such as assault, murder and manslaughter.

There are also cases in which a child is harmed and one person is charged with assault and another with allowing the child to suffer serious physical harm.

Publication of the guideline marks the first time that there has been sentencing guidance for the offences of causing or allowing a child to die or suffer serious physical harm and failing to protect a girl from the risk of FGM.

The sentencing guideline also provides revised guidance for the offence of cruelty to a child.  This replaces the earlier guidance issued in 2008.

Child cruelty offences are complex and can vary greatly.  As a result the guideline has been designed to assist with an effective assessment of each case that comes before the courts to help ensure consistent and proportionate sentencing.

Some offenders may be incompetent parents, while others may deliberately inflict harm on children in their care. Child cruelty offences could include parents or guardians leaving children home alone, neglecting them or putting them at risk through alcohol or drug abuse or subjecting them to sustained and deliberate ill-treatment and violence that leads to serious injury or death.

Offences can also involve a parent or guardian having failed to act to protect their child from ill-treatment by someone else in the household, which can be due to them being victims of violence and intimidation from the same person themselves.

Is there anything new in the approach to sentencing?

In assessing harm to victims, as well as physical and psychological harm, the guidelines for child cruelty offences take into account for the first time the developmental and/or emotional harm that such offences can cause to a victim. This may for example be manifested in developmental milestones that a child has not met.

child cruelty offences

The guidelines also introduce a new aggravating factor of an offender blaming others for an offence. This is because such cases will frequently involve one parent or carer/guardian seeking to blame the other for what happened in order to avoid prosecution.

Another factor that has been added that indicates high culpability is where the “offender [has] professional responsibility for the victim” to indicate that culpability is higher in those rare cases where, for example a teacher or sports coach abuses one of the children in their care.

The guidelines also contain, for the first time, additional guidance for the court in considering whether to impose custody in cases where the offender has parental responsibility and is sole or primary carer for the victim and other children.

In these cases, the court is reminded to consider the impact which a custodial sentence for the offender would have on the victim and whether this is proportionate to the seriousness of the offence. This will be particularly relevant in lower culpability cases where the offender has otherwise been a loving and capable parent or carer.

Cruelty to a child

The offence of cruelty to a child is broad in its form and severity. Cases may be sentenced in the magistrates’ courts or Crown Court and involve ill-treatment and assault, neglect, abandonment, and failure to protect a child.

In the vast majority of cases the offender is usually the parent or guardian of the victim but it could apply to others entrusted with the care of a child. Many of these offences are at the lower end of severity, including low levels of neglect and cases where there is a risk of harm but no harm actually comes to the child.

The new guideline sets out proportionate sentencing levels to cover the wide range of situations that the courts deal with. One offence could involve someone who is an otherwise good parent putting a child at risk through a one-off lapse of care, while another could involve a parent guilty of a campaign of cruelty involving serious violence and sadistic behaviour that leads to a child suffering serious physical or psychological harm.

Causing or allowing a child to die or suffer serious physical harm

The main purpose of the legislation for this offence is that it can be prosecuted in instances where a child has died or suffered serious physical harm as a result of an unlawful act, such as an assault, by a member of the household but there is not enough evidence to prove which of the defendants committed the act.  They may both blame each other.

In such cases before the introduction of this legislation, neither defendant could be found guilty of murder, manslaughter or assault and so nobody would be held accountable. The guideline reflects the aims of the legislation, including for example the aggravating factor of an offender blaming others for the offence.

This offence can also be used in its own right, for example if someone in the household is charged with the murder or manslaughter of a child, another member may be convicted of causing/allowing death, if it can be proved that they foresaw, or should have foreseen, that their co-defendant would commit an unlawful act which risked serious physical harm to the child.

There are very low volumes of offenders sentenced for this offence, due to the fact that where a child has been killed, those responsible are likely to be charged with murder or manslaughter, and where the child was badly injured, a serious assault charge would normally be brought.

Failing to protect a girl from the risk of Female Genital Mutilation

This offence is committed when a parent or carer of a girl under 16 allows FGM to take place unless they can show that they were not aware of such a risk and reasonably could not have been expected to be, or that they took reasonable steps in order to protect the girl.

The issue of FGM has been of growing concern within Parliament and the public and so the Council is keen to provide a clear approach to ensure consistent and appropriate sentencing when offenders are convicted.

The guideline takes into account the psychological impact these offences can have on victims and acknowledges that by their very nature, all offences of FGM carry an inherent level of harm.

The full sentencing guideline for child cruelty offences can be found here.

How our criminal law solicitors can help defend child cruelty offences

We will be able to give you advice as to the strength of the evidence in child cruelty offences, the availability of defences and likely sentence upon conviction.  You will always be helped by seeking this advice at the earliest possible opportunity.

As a result, if you are arrested or know that the police wish to speak to you about an offence of then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

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Admissability of Evidence argument at Chesterfield Magistrates

admissability of evidenceWe have previously written about the increase in prosecutions over recent years where there is no statement from the alleged victim in the case.  The victim might not be supporting the prosecution or may even be unknown.  This will lead to arguments over the admissability of evidence.

The reasoning is that even though a victim is unwilling to assist the Prosecution, a person should not be able to avoid responsibility for offending that they have committed.  Of course, there are a number of risks to proceeding without evidence from the person who ought to know best what, if anything, happened.

Prosecution rely on principle of Res Gestae

In order to present such cases the prosecution will often rely on a rule of evidence called Res Gestae.  This allows hearsay evidence that would usually not be allowed in court to be used as admissable evidence.

You can read more about this rule of evidence here.

Unfortunately we have noted that the prosecution seek to rely on this exception to the usual rules of evidence in a number of cases where it doesn’t apply.

As a result it is vital to have an experienced solicitor who is able to argue your case in Court to try and avoid this from taking place.

Recent case defended by Chesterfield crime solicitor

Chesterfield Crime Solicitor Kevin Tomlinson was recently presented with such a scenario.  His experience told him that the prosecution was trying to admit evidence in circumstances where it was not admissable.

His skill and expertise as an advocate persuaded the Magistrates that he was right.  The evidence was ruled inadmissable and his client was found not guilty.

Domestic violence allegations

Kevin’s client faced charges of common assault and criminal damage within a domestic setting.  Police officers attended the alleged victim who gave an account implicating stating that our client was responsible for the offending.

She alleged that he had been aggressive and threatening towards her when she returned home with a friend after a night out.  After the friend left he had then assaulted her in the bedroom and caused damage to a wall and perfume bottle.

The police had obtained a recording of the 999 call.  The initial complaint had also been recorded on police bodycam footage.  Finally she made a written witness statement.  Here friend had also made a statement describing our client’s behaviour before she left.

During the course of the investigation, the complainant had provided a further statement stating that she no longer supported the prosecution and wished to withdraw her complaint.

From the outset of the case our client had set out a defence.  He told the police that he had not done what was alleged against him and was therefore not guilty of the offences.

Key witness did not attend the trial

In light of the later statement taken from the complainant it was not surprising that the complainant failed to attend Court for the trial. The supporting witness also failed to attend.

admissability of evidenceDespite this, the prosecutor informed Kevin that they wished to proceed with the case.  They intended to use the account provided by the complainant in the 999 call as well as what she told the police upon their arrival.  The reasoning was that this evidence would be admissable using res gestae.

Kevin argued against the admissability of evidence relating to these allegations.  The key requirement, that the witness was so overcome with circumstances of the situation that she could not have made the allegations up, did not exist in this case. She was calm during both the call and the conversation.  The assertion that the allegation could not have been made up did not stand up to scrutiny.

Additionally, Kevin was able to argue that instead of trying to admit evidence in this way the prosecution, who had known for weeks that the witness did not intend to attend Court, should have taken the appropriate steps to have her there.  The doctrine of Res Gestae should not be used to avoid calling witnesses as it prevents the prosecution challenging the evidence.

Not guilty verdict after trial

admissability of evidenceKevin’s argument found favour with the Court who refused the Crown’s application meaning the Prosecution had no option but to offer no evidence against Kevin’s client.

This case highlights the importance of instructing a solicitor.  It is important that you do not rely on a solicitor appointed by the court as their responsibilities to you in your case are limited.

Had the defendant in this case been unrepresented it might be unlikely that they would effectively challenge the admissability of evidence of this nature and the outcome could have been very different.

Instruct an solicitor who is an expert in the admissability of evidence.

Criminal trials will always feature a certain level of complexity.  The best way to prepare for trial is to seek legal advice at the earliest possible moment.

If you are arrested or know that the police wish to speak to you about an offence of then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

A further example of a successful argument against the admissability of evidence can be found here.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

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What is entrapment? Is it a defence?

Agent provocateur is French for “inciting agent”, an entrapment situation where a person is enticed, incited or encouraged into committing an offence that he would not have otherwise committed.

How does it relate to criminal law?

entrapmentThe police frequently use undercover police officers in relation to drugs offences. An officer becomes familiar with local drug users and suppliers, and evidence for supply-related offending is obtained.

If the officer asks the suspect for drugs is he an agent provocateur, is he an “inciting agent”?

Some people would try to argue he is and that they wouldn’t have committed the offence unless he had asked them. The difference is between the officer causing the offending and merely providing an opportunity for it to be committed with the officer rather than someone else.

What have the courts said, and is entrapment a defence?

entrapmentEntrapment is not a defence, but it could be argued that the case should not be brought at all.

This would involve a consideration as to the degree of persuasion, the gravity of the offence. The question of exclusion of evidence may also arise.

In the case of Shannon it was said that if there is good reason to question the credibility of the evidence given, then the judge may conclude that the evidence should be excluded.

Two leading cases involved the supply of drugs to an undercover police officer. “L” argued that he had been lured into the supply.

The Court held that it would be acceptable if officers were to provide a person with an unexceptional opportunity to commit a crime and the person then freely took advantage of that opportunity.

entrapmentThe situation would be quite different and would be an abuse of process if officers instigated an offence by offering inducements and luring a person into a course of action he would not normally have followed.

In “G’s” case the actions of the officers, by contrast, were said to go beyond those of undercover agents as they instigated the offence, there was no evidence to suggest that without their intervention it would have been committed.

In a case involving an undercover journalist (Shannon v UK), it was said that an offender was not entrapped when he supplied drugs to the journalist as he had not been placed under any pressure to do so.

Do undercover officers have rules to follow?

There is an Undercover Operations Code of Practice issued jointly by all UK police authorities and HM Customs and Excise.

Contact one of our criminal law solicitors to discuss issues of entrapment.

We are experts at assessing evidence and putting forward legal arguments. We can advise you as to whether entrapment applies to your case or not.

As a result, if you are arrested or know that the police wish to speak to you about an offence of then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

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Sentence of vulnerable clients at Saturday morning court

Local newspapers will often publicise cases that have been before local Magistrates’ Courts.  It will often seem that the sentences handed out in some cases are entirely disproportionate to the offences that vulnerable defendants have been convicted of.  This may be due to circumstances that we are unaware of, or because of a particularly harsh sentencing bench, or because the defendants appeared unrepresented before the court.

Such severe sentences are not inevitable.  At a recent Saturday morning court, Nottingham partner and crime solicitor Nick Walsh was able to secure constructive disposals for two of his vulnerable clients.

Serial shop lifter receives conditional discharge

Nick’s first client was charged with  five shop thefts with a total value of £760.  The evidence was strong and he had made admissions with the benefit of our free and independent legal advice in police interview.

He had a long history of offending and had been to prison four times in the last two years.  He had only been released from custody shortly before the new offending.

Nottingham Magistrates’ Court

Due to his vulnerabilities he was very volatile when Nick spoke to him.  He was a long standing client of Nottingham crime solicitor Graham Heathcote and initially only wanted Graham to represent him.  At one stage he intended to go into court unrepresented if Graham could not deal with his case.

Nick’s manner is such that he was able to calm him down and take instructions about the miserable circumstances that he had endured since release from prison.  He had remained homeless, and as a result of sleeping rough had suffered abuse and assaults.

Despite the number of offences and his record of convictions Nick was able to persuade the Magistrates to deal with him by way of a conditional discharge.

Vulnerable drug user sentenced to community order

vulnerable clientsThe second of Nick’s vulnerable clients on that morning was a female charged with several thefts, possession of heroin and breach of her post release supervision.

She had received two custodial sentences for thefts within the nine months prior to this offending.  Before that she had the benefit of other community orders that involved Drug Rehabilitation Requirements.  All of these interventions had failed.

Our client had been kept for court as the police refused bail, believing that she would fail to attend court or commit further offences if bailed.

Fortunately Nick was able to speak with the duty probation officer.  As a result of that discussion, Nick was able to mitigate and persuade the Magistrates that his client ought to be given a further opportunity to comply with a community order.  A further Drug Rehabilitation Requirement was imposed without the need for a pre-sentence report from the probation service.

Choose the right solicitor for your case

As we have a contract with the government to permit us to provide expert legal advice and representation under the legal aid scheme.  This means that our advice in the police station will always be free of charge to you in the police station.

There are many advantages to seeking advice in the police station and you can read about those here.

Many of our vulnerable clients will be also be entitled to legal aid in the Magistrates’ Court.   Nearly all will be eligible for legal aid to ensure representation for cases before the Crown Court.

You can read more about these types of legal aid here.

In the cases at the police station or the courts set out above, all of our clients had the benefit of free legal advice.

Our solicitors regularly deal with the most vulnerable clients within our community.

An example from our Chesterfield office can be found here.

You can read a second case study, this time from our Nottingham office here.

Contact us

You can find details of your nearest office here.

Alternatively you can use the contact form below.

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What power do the police have to test your eyesight?

There has been much ado in the press about police forces undertaking random checks on motorists and revoking licences at the roadside on the basis of a vision test. So, what are their powers?

vision test

Can the police stop me?

Under section 163 of the Road Traffic Act 1988 a police officer in uniform has the power to require a driver of a vehicle on a road to stop.  It is an offence to fail to comply with such a request.

Does the officer have to be in uniform?

To use this power the officer has to be in uniform. There is a common law power, however, for an officer not in uniform to request a vehicle to stop although there would be no penalty for failing to comply.

What is the law about vision and driving?

You must be able to read a registration plate from 20 metres (approximately five car lengths). It is an offence to drive with uncorrected defective eyesight.

Can the police ask me to do a roadside eye test?

You could be asked to undertake the test voluntarily. Otherwise, there must be a suspicion that you may be guilty of driving when you cannot comply with the vision test requirement. If the officer does suspect, you can be required to submit to a test.

Section 96 of the Road Traffic Act 1988 provides this power. The test can be carried out between 8am and 9pm, only in daylight.

What if I refuse to do the test?

If the officer has a reasonable suspicion that you have been driving while your eyesight is such that you could not pass the test and you refuse to do so, you are committing an offence.

What could happen?

Failing to stop for a police officer, under section 163, can be punished by a fine.

Driving with uncorrected defective eyesight or refusing to submit to a test of vision carries a fine, discretionary disqualification and an obligatory endorsement of three penalty points.

What about my licence, can it be revoked?

vision testIf you fail a vision test at the roadside, or fail to comply, the police can immediately report this fact to the DVLA.

There is a fast track system whereby a decision to revoke your licence can quickly be made, such a decision taking place within hours. Once your licence is revoked, it will be not be returned until you can demonstrate that your eyesight meets the required standard.

Your licence being revoked will not prevent a prosecution for the offences outlined above.

Why is the police vision test in the news?

The power for fast-track revocation has existed since 2013. The power is now being widely reported as three police forces have announced their intention to undertake such checks at the roadside, this may be extended nationwide.

Based on a study by the Association of Optometrists it is estimated that some 1 million people in the UK are driving illegally. RSA Insurance estimates that eyesight problems cause nearly 3000 casualties per year on the UK roads.

The police forces involved in the initiative have said that they will be gathering data as to the extent of any issues. Potentially, this could lead to a further mandatory vision test at some stage after the practical driving test.

Speak to an expert motoring law solicitor

We are experts in road traffic law and can advise you if you are facing investigation or prosecution. To discuss any aspect of your case please contact your nearest office.

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The right to bail – what does it mean?

Do I have a right to bail?

This article refers to the position relating to the right to bail for adults.  The situation in relation to youths is different.

As an adult, the starting point is that you have a “right” to be granted bail. This right can only be taken away in certain circumstances. These circumstances are where the court has substantial grounds to believe that if you were granted bail you would:

  • Fail to surrender;
  • Commit further offences on bail; or
  • Interfere with witnesses

In some rare instances bail can be denied for a defendant’s own protection or welfare.

right to bail

What if I am already on bail?

 If you are charged with an offence alleged to have been committed whilst on bail, then you do not have this automatic right to bail.

In that case you do not have to be granted bail, but you can still be if you persuade the court that you will not fail to surrender, commit further offences or interfere with witnesses.

If you appear in court following a failure to surrender at an earlier hearing you also lose the automatic right to bail.

Does it matter if I am a drug user?

 If you have tested positive for class A drugs and refuse to co-operate with treatment you may not be granted bail unless the court is satisfied that there is no significant risk of an offence being committed whilst on bail.

Will I have conditions on my bail?

The court can grant bail unconditionally or they can impose bail conditions if they are satisfied that those conditions are necessary to address any risk that you would fail to surrender, commit further offences or interfere with witnesses.  Any conditions imposed have to be both necessary and proportionate.

Examples of bail conditions that are often imposed are:

  • curfew
  • residence
  • not to contact named witnesses
  • not to go to a specific area
  • reporting to the police station

You or a person on your behalf could also agree to pay money into the court which would be forfeited if you subsequently failed to attend court.

What if the offence isn’t serious?

right to bail You should be granted bail if there is no real likelihood of a prison sentence if you plead guilty or are convicted. As always there are exceptions to the rule. You may still find yourself in custody if the court is satisfied there are substantial grounds for believing that you would:

Commit an offence while on bail by engaging in conduct that would, or would be likely to cause-

  • physical or mental injury to an associated person; or
  • an associated person to fear physical or mental injury.

Commit further offences if the offence was committed whilst on bail;

Fail to surrender, if you have previous convictions for this;

If you have been arrested for breach of bail for this offence and there is a fear of failure to surrender, further offences or interference with witnesses.

Non-imprisonable offences and bail

If you are charged with a non-imprisonable offence you can only be denied bail if you have previously failed to surrender and there is a belief you would do so again or following a breach of bail.

Are there any other reasons I could be kept in custody?

right to bailYou can also be kept in custody for your own protection or if you are already a serving prisoner.  Also, if there is insufficient information to decide about bail you can be kept in custody for the purposes of obtaining that information.

The magistrates do not have the power to grant bail for anyone charged with murder or treason.  For an offence of manslaughter, rape or a serious sexual offence where there is a previous conviction for one of these offences you can only be granted bail if there are exceptional reasons to justify it.

Contact a criminal law specialist to discuss bail

This article is intended to be an overview of the law and does not cover all potential issues that can arise.  Neither does it discuss the best way to present an application for bail, nor the information that may need to be gathered to ensure your best bail application is made to the court.

To be able to put forward the strongest argument for bail you should be represented by an experienced solicitor.  We will be pleased to accept your instructions.  The contact details for your nearest office can be found here.

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Representing vulnerable defendants – what we do

chesterfield criminal defence solicitor Ben Strelley
Chesterfield crime solicitor Ben Strelley

While many will agree that the Criminal Justice System is not necessarily the most appropriate place to deal with those suffering from mental health difficulties.  Unfortunately, there is, sadly, a regular overlap between the two.  As a result we need to have particular skills to represent vulnerable defendants.

This means that the staff across our offices have experience of dealing with those who are vulnerable defendants, and are experienced in gaining our clients’ trust to be able to assist them throughout the court process.

During his years as a criminal defence solicitor, Chesterfield crime solicitor Ben Strelley has represented many vulnerable individuals before the court.  His manner means that he has the ability to engage with clients whatever their difficulties to gain their trust.

Here is a recent example of his representation in a case that required sensitive handling.

Assault allegations against a vulnerable client

Ben’s client was an inpatient at the Hartington Mental Health Unit in Chesterfield.  She faced two accusations of common assault.  The complainants were two of the nurses caring for her.  She faced a separate charge of causing damage at Derby hospital prior to her arrival at the unit.

Our client had no recollection of any of the incidents.  She did, of course, accept that in these circumstances the staff had no reason to lie.  In circumstances where a client had no such vulnerabilities then the case would normally involve straightforward advice to plead guilty.  The evidence was strong and there was no defence to advance.

In the circumstances of this case, however, it was important for Ben to make further enquiries as to his client’s mental health at the time of the incident.  It may be that this could afford a defence, or significant mitigation, or allow him to make representations that the prosecution is not in the public interest.

Ben investigated this aspect of the case with the prosecution.  He was then provided with a medical report from a relevant doctor who confirmed that she did have the necessary capacity at the time of the assault allegations.  The report was silent about her health at the time of the criminal damage matter.

As a result, Ben advised his client to plead guilty to the assaults.  He was able to negotiate with the prosecution to drop the criminal damage charge.  Bearing in mind the other pleas that prosecution was no longer in the public interest.

vulnerable defendants

Sentence following guilty pleas

Normally an assault on a member of NHS staff while at work is likely to result in, a the very least, consideration of a prison sentence.  Ben was of the view that the unique circumstances of his client’s health were such that the court ought to be of significant importance upon sentence.

In the end the Magistrates agreed with Ben.  Rather than a prison sentence or community order his client received a small fine and was ordered to pay some compensation.

Ben’s client was delighted at this outcome because it meant that she would be able to continue with her treatment in the community with the aim of overcoming her acute mental health difficulties.

Instruct a criminal solicitor specialising in vulnerable defendants

Case such as this demonstrates the importance of instructing a solicitor who has compassion, patience and communication skills to achieve the best outcome for vulnerable defendants.

In this case, Ben had to gain the trust of his client, speak to the prosecution about the strength of the evidence, and then persuade Magistrates to depart from the usual sentencing guideline for cases such as this.

You may wish to consider other reasons why you might want to instruct VHS Fletchers over other firms of solicitors.

If you or a family member or friend are in the position of being spoken to by the police as a result of an alleged incident involving medical staff then you can contact your nearest office here.

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VHS Fletchers East Midlands offices

Alternatively you can use the contact form below:

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Nationwide legal advice and representation from our Chesterfield office

While many will have spent the summer having holidays and day trips out with the family, our solicitors and police station representatives at our Chesterfield office have been taking their own day trips out of the town to provide legal advice and representation.

Unfortunately, these have not been to the seaside to enjoy an ice cream but to ensure that our clients who live local to Chesterfield receive advice and representation from lawyers that they know and trust.  We often a nationwide service at both the police station and courts.

chesterfield legal advice and representation

Countrywide legal advice and representation

The following are amongst the places recently visited by staff from our Chesterfield offices:

  • Buxton Police Station
  • Harrogate Police Station
  • York Magistrates Court
  • Manchester Magistrates Court
  • Staines Magistrates Court
  • Sheffield Magistrates’ Court
  • Boston Magistrates Court
  • Lincoln Crown Court

All of our Clients involved in the police investigations or cases before these courts had links to the Chesterfield area.

chesterfield legal advice and representation
Lincoln Crown Court

Their first priority was to have a solicitor local to them for ease of providing instructions rather than local to the police station or court they had to attend.  They wished VHS Fletchers solicitors to deal with their case on the basis of previous dealings with our expert criminal solicitors or because they had been referred to us.

It was important to them to have a solicitor or accredited police station representative that they could trust.

When we were contacted by these clients we were only too happy to travel to provide them with the service that they wished.  Our clients faced a range of offences, including

  • assault
  • theft
  • criminal damage
  • breach of court orders

Advice on your case under the legal aid scheme

As we have a contract with the government to permit us to provide expert legal advice and representation under the legal aid scheme.  This means that our advice in the police station will always be free of charge to you in the police station.

There are many advantages to seeking advice in the police station and you can read about those here.

Many of our clients will be also be entitled to legal aid in the Magistrates’ Court.   Nearly all will be eligible for legal aid to ensure representation for cases before the Crown Court.

You can read more about these types of legal aid here.

In the cases at the police station or the courts set out above, all of our clients had the benefit of free legal advice.

chesterfield legal advice and representation

Instruct criminal defence solicitors who will go the extra mile for you

You may choose your solicitor by reputation.  You might want to choose a solicitor with an office near to where you live, no matter where your case will be heard.

If you require the assistance of a firm of expert criminal defence solicitors who are more than happy to travel to provide you with nationwide criminal advice and representation, then look no further than VHS Fletchers.

We will go that extra mile (or if need be the hundreds of extra miles) needed to ensure that you get the best outcome possible.

Read more about the benefits of instructing our solicitors and litigators here.

You can contact our Chesterfield office for emergency advice day or night, 365 days a year on 01246 387999.

Alternatively you can use the form below.

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