Criminal Law
Professional and responsive service from a caring team.
CRIME
The lawyers in our Criminal Defence Team at Walters & Plaskitt provide a comprehensive service to our clients including the following:
- Investigations and interviews at the Police Station and with other investigating agencies e.g. Benefits Agency, Local Authority
- Proceedings before the Magistrates’ Court
- Proceedings before the Youth Court
- Proceedings before the Crown Court
- Appeal proceedings before all Appellate Courts
- Disciplinary and appeal proceedings before all tribunals and boards
We have a substantial number of specialist advocates who conduct trials and Court hearings on a daily basis. Our services include defending clients facing matters involving all types of proceedings such as:
- Environmental crime
- Fraud
- Health and Safety
- Manslaughter or murder
- Money laundering
- Burglary
- Robbery
- Deception
- Drug trafficking and drugs offences
- Road traffic offences
- Sexual offences
- Theft
- Violent crime
- Public Disorder
- Proceeds of Crime Act applications
- Confiscation Orders and seizure of assets
- HMRC prosecutions
- Illegal immigration
- ASBOs
- We will always advise upon the availability of Legal Aid in Court proceedings. If you require any information in respect of criminal investigations or criminal proceedings, please contact our team on 01782 819611 option 7.
- If your case is URGENT and after 5 pm or during the weekend please contact us via pager number 07623514650 and one of our Criminal Team will contact you.
MOTORING OFFENCES
The firm is able to offer wide ranging advice, support and representation to all clients who find themselves the subject of a police investigation or proceedings before the Magistrates Court in respect of motoring offences.
Having a driving licence is an essential requirement for many people. Some individuals run the risk of losing their jobs if they lose their driving licence. Others face enormous inconvenience and hardship as a result of having to make alternative arrangements, even if they are able to keep open their job.
The firm is able to provide specialist advice and representation at all stages of a police investigation and Court proceedings in all aspects of motoring law including:
- Speeding and penalty points
- Drink driving related charges
- Disqualifications from driving
If you require any advice or assistance relating to motoring offences please contact our team on 01782 819611
option 7.
CONTACT DETAILS
SIMON LEECH - Partner ARIF HUSSAIN - Crown Court Manager
EMAIL:
info@waltersandplaskitt.com
24 HOUR PAGER SERVICE
: 07623514650
GENERAL OVERVIEW FOR CLIENTS IN CRIMINAL, REGULATORY, MOTORING CASES AND INFORMATION AS TO COSTS
1.0 INTRODUCTION
Lawyers from our Criminal Defence Team attend Police Stations and Courts in the Midlands and North West on a daily basis. We are committed to providing a high standard of care to our Clients and we hope that the information in this guide will be helpful to you. Please read the guide carefully. It is designed to answer frequently asked questions and not everything in the guide will be relevant to your case. You will be receiving specific advice in relation to your case but if there are any matters which you think have not been covered please let us know.
The information contained in this fact sheet deals with the following matters:
• 1.0 Introduction.
• 2.0 Criminal Defence Team.
• 3.0 Investigations.
• 4.0 Costs and Legal Aid arrangements.
• 5.0 Timescale of proceedings.
• 6.0 Court procedure.
• 7.0 Court sentences.
• 8.0 Motoring cases.
• 9.0 Youth Court cases.
• 10.0 Bail and remands into custody.
• 11.0 Appeals.
• 12.0 Actions against the Police.
• 13.0 Prison Law cases.
• 14.0 Regulatory cases.
• 15.0 Confiscation, Cash Forfeiture and Financial cases.
2.0 CRIMINAL DEFENCE TEAM
Lawyers from our Criminal Defence Team deal with the following cases:
• Representation at Police Station interviews
• Representation at other investigation interviews
• Representation at Magistrates’ Courts on criminal and motoring cases
• Representation at the Crown Court
• Prison Adjudication Hearings
• Parole Hearings
• Actions against the Police
• Enquiry, Tribunal and Regulatory Hearings and Inquests.
• Financial Hearings relating to the Proceeds of Crime.
Our Criminal Defence Team is supervised by Simon Leech and Steve Vasey. If you have any concerns in relation to a case, please feel free to speak to them.
Most cases begin when Clients are arrested and held in a Police Station. Our lawyers are on hand 24 hours a day to provide Clients with advice and assistance. All Police Stations have our 24-hour contact details.
We work together as a team and several lawyers could deal with a case as it progresses from the Police Station through the Courts. We recognise that sometimes a Client should be seen by a particular lawyer because of the nature of the case or because a relationship of trust has built up between the Client and the lawyer. Wherever possible we will try to ensure that the Client is represented by the appropriate lawyer. However, this cannot be guaranteed, and cases are often handled by several members of our criminal defence team.
If you wish your case to be handled by a specific lawyer please let us know and we will do our best to assist.
It is essential for us to have full instructions as soon as possible so please make arrangements to see one of our Lawyers at an early stage in order to discuss your case and provide details of witnesses and any documents or items which may assist your case.
In general, Clients who plead guilty at an early stage receive a lower sentence and have to pay less towards prosecution costs than Clients who plead guilty after a long delay or who are found guilty after a trial so the sooner all the information is to hand the better.
Once Court proceedings have begun the Crown Prosecution Service usually provides copies of any Police Interview records and statements of witnesses. We study the papers to check whether or not a case is made out properly. In general, we will not be prepared to advise Clients fully until we have considered the prosecution evidence and have taken full instructions from the client.
We will need your help to consider the strengths and weaknesses of your case. Please keep in close contact with us and attend any appointments which you are given. Please also let us have any information or material which will assist your defence. We will need as much information as possible as early as possible.
If any appointments are inconvenient for you, please let us know and we will do our best to rearrange them.
Once you have given us instructions to act on your behalf in a matter we will continue to act unless you tell us you do not wish us to act. If you face a further investigation or charge, we will assume that you wish us to deal with that matter as well unless we hear to the contrary.
3.0 INVESTIGATIONS
Most criminal cases and regulatory proceedings begin with an investigation and you will be interviewed during the investigation process. We will attend your interview and advise you of the procedure to be followed and of the nature of the evidence disclosed to us. We will discuss with you the approach which should be followed during the interview. In some cases, it is important to answer questions and put forward a detailed account. In other cases, it is better to remain silent. We will represent your interests if you are detained in custody and we will advise you of your rights throughout the investigation process.
If your case is concluded following a Police investigation with no further action to be taken by the Police against you or by your accepting a caution for your involvement in an offence it is highly likely that the case will be concluded before you receive any written advice.
Please always bear in mind that if the Police decide to take no further action against you the decision could be reviewed if further evidence becomes available. This means that you could subsequently be charged with an offence.
If you accept a caution you will be admitting involvement in an offence. If further evidence comes to light suggesting involvement in a more serious offence you could be charged with such an offence.
In either case, Civil Court proceedings could be taken against you by anyone who wishes to claim that they have suffered because of your conduct. The fact that the Police may not be prosecuting you does not prevent a Civil Claim from being made.
If you are involved in a Police investigation or charge, there could be a serious impact upon you even if you are not subsequently convicted of an offence. If you work or apply to work with children or vulnerable adults you may experience difficulties because your arrest and charge will be recorded by the Disclosure and Barring Service (DBS) even though you may not be convicted of an offence. We will advise you fully if you have any concerns regarding DBS issues. Similarly, you may potentially find that some countries may have immigration rules which prevent you from entering their country.
While an investigation is underway it is important that you should do nothing whatsoever to jeopardise the investigation. You should avoid contact with anybody who may be a witness against you. Any contact which you may have could be misconstrued and could lead to allegations of Intimidation of Witnesses, Harassment or Attempting to Pervert the Course of Justice. You should report any attempts by a witness to contact you to us and to the Police.
If you have any concerns about the investigation process please let us know.
4.0 COSTS AND LEGAL AID
INVESTIGATIONS
Legal Aid is available free of charge to all Clients who are arrested and detained in a Police Station for questioning. Clients who have low incomes or who receive passporting State Benefits are also entitled to receive legal advice and assistance under the Criminal Defence Service Legal Advice and Assistance Scheme where offences are being investigated. This is provided free of charge and permits us to carry out initial preparatory work and advice.
MAGISTRATES’ COURT
The Legal Advice and Assistance Scheme does not permit us to represent Clients at Court hearings unless a full Legal Aid Representation Order is granted. A Legal Aid Representation Order will be available for serious charges which proceed at the Magistrates Court. Legal Aid in the Magistrates’ Court is only available to clients who satisfy two tests. The first test is known as the “Merits Test” and the case must be sufficiently serious or complicated for the Court to decide that it is appropriate for public funding to be made available. The second test is known as the “Means Test” and this test will only be satisfied if the client does not have sufficient financial resources to fund the case himself. Clients who receive passporting state benefits will satisfy the Means Test but clients who are in receipt of a salary or other benefits will need to complete a form which itemises their income/expenditure and capital savings.
If a Legal Aid Representation Order is granted in proceedings at the Magistrates’ Court, you will not be required to pay any financial contribution towards the cost of the Legal Aid while the matter is continuing at the Magistrates’ Court.
A Legal Aid Representation Order is not generally available for relatively minor charges (eg straight forward motoring offences) and if you face such a case you may be required to pay for the work which we undertake on your behalf.
CROWN COURT
If your case goes to the Crown Court for trial there will be a means test in order to calculate whether or not you will be liable to contribute to the costs of your defence under an Income Contribution Order during your case or, if you are convicted, under a Final Contribution Order at the end of your case, or both.
If you are ordered to pay towards your Legal Aid under an Income Contribution Order, or if you are convicted and ordered to pay under a Final Contribution Order but fail to pay as an Order instructs you, interest may be charged or enforcement proceedings may be brought against you, or both. You may have to pay the costs of the enforcement proceedings in additional to the payments required under the Contribution Order and the enforcement proceedings could result in a charge being placed on your home.
GENERAL INFORMATION
A Legal Aid Representation Order may be withdrawn by the Court if the charges or proceedings are varied and it is no longer in the interests of justice for the Representation Order to be in force or if the Client declines to accept a Representation Order in the terms which are offered or if the Client requests the withdrawal of the Representation Order. The Representation Order may also be withdrawn if the Solicitors who represent the Client decline to continue to represent the Client. If the Representation Order is withdrawn the Client and the Solicitor are notified and if a further application for representation is made in the same proceedings it is necessary to declare the previous withdrawal of representation and the reason for it. It is a criminal offence to knowingly make a statement which is false, or to knowingly withhold information for the purposes of obtaining a Legal Aid Representation Order. If you do not tell the truth on your Legal Aid application about your income, assets and expenditure you could be prosecuted.
PRIVATELY FUNDED CASES
If you choose to instruct Walters & Plaskitt to represent you privately (whether or not you are entitled to make an application for a Legal Aid Representation or Public Funding or where an application for a Legal Aid Representation Order has been refused) we will be happy to apply an hourly charging rate of
£220.00 plus VAT (£264.00)for all work carried out (irrespective of the status of the lawyer who is involved in the work). We have given careful consideration to the various methods of charging for work which is undertaken on behalf of clients and we are conscious of the fact that senior lawyers within the Firm could justifiably charge much higher hourly rates while more junior lawyers might be expected to charge lower hourly rates. However, since cases are almost inevitably the subject of input from a number of lawyers who work within the Criminal Law Team the Partners believe that the hourly rate is appropriate and one which reflects the input which will be given by lawyers of varying degrees of experience.
If you specifically wish to make alternative arrangements with the Firm for hourly charging rates to be applied according to the status of the lawyers involved in the case, we will be happy to make the necessary arrangements. However, although we will do everything possible to accommodate your wishes regarding your choice of lawyer it is sometimes difficult to guarantee that the lawyer will be available to carry out the necessary advice and/or representation.
Disbursements are payments which the Firm makes to third parties on behalf of clients. Some disbursements are expenses such as car parking charges or train fares. Other disbursements are payments to professionals for work which is carried out. These include payments to:-
• Barristers.
• Experts.
• Solicitor Agents.
We will always try to obtain information about the likely charges which will be incurred, and we will ask you to place us in funds to pay the individuals concerned. We will not be able to instruct them to act on your behalf unless you place us in funds to pay the disbursements.
We will charge mileage at the rate paid by the Legal Aid Agency and car park and public transport costs as they are incurred. We will also charge for the time spent travelling in connection with the case.
We will provide estimates of the costs which are likely to be incurred not less than once every six months and we will submit interim bills and/or requests for payment on account not less than once every six months. It is extremely difficult to predict exactly how expensive a case is likely to be. Much will depend upon the complexity of the case and the speed of its conclusion.
You will have had the opportunity to speak to a lawyer from the Firm who will have talked to you about the nature of your case and you will have formed an idea about the likely complexity of the case and of the way it will probably progress. The estimates listed below are designed to provide a guide to the likely costs of a privately funded case and you will be able to select the estimate which most closely matches what you know about your case:-
NATURE OF CASE LIKELY COSTS ESTIMATES (including VAT)
Interviews and proceedings involving a swift conclusion (involving no more than 1 brief hearing or interview) £360.00 - £600.00
Cases involving a relatively straight forward conclusion to proceedings after one or two attendances £360.00 - £780.00.
Cases involving a series of short Court attendances or a brief Trial involving 4 – 6 hours interview, preparation and hearing time £1056.00 - £1,584.00.
Cases involving interview, preparation and hearing time between 5 – 10 hours £1320.00 - £2,640.00
Cases involving a long Trial (1 or more days) £2,112.00 - £6336.00. (1 to 3 day trail on average)
The fees of expert witnesses and Barristers may range from £300.00 - £1,000.00 (or possibly more) depending upon the sort of work which is undertaken. However, no expert witness or Barrister will be instructed by the Firm unless the costs have been agreed by you and you have made arrangements to pay the costs.
We are happy to receive payments by cheque, credit card, debit card, direct debit or standing order. The Firm reserves the right to cease to act on behalf of a client if interim bills or requests for payment on account are not settled.
If you have any concerns about legal costs in your case, please let us know.
5.0 TIMESCALE FOR PROCEEDINGS
We often find that if appropriate legal advice is given at an early stage Clients are not charged and the case goes no further than the initial investigation. In some cases, however, Clients are charged and find themselves in Court. All Court cases begin in the Magistrates Court, but some cases proceed to the Crown Court. Broadly, cases will be concluded within the following periods:
POLICE STATION
Cases involving matters where clients are charged immediately will proceed to the first Court Hearing within 4 weeks. Cases involving matters where the Police wish to consider further evidence or request advice from the Crown Prosecution Service usually take 1 – 9 months before a decision is made about whether a client should be charged.
MAGISTRATES’ COURT
Cases involving Guilty pleas followed by sentence usually take no more than 1 – 2 months from the first hearing. Cases involving Not Guilty pleas leading to trial usually take 2 – 4 months from the first hearing.
CROWN COURT
Cases involving Guilty pleas followed by sentence usually take 1 - 3 months from the first hearing at the Magistrates’ Court. Cases involving Not Guilty pleas leading to trial usually take 3 - 12 months from the first hearing at the Magistrates’ Court.
TIMES SCALES WILL VARY DUE TO COVID 19 RESTRICTIONS ON COURT TIMETABLING OF HEARINGS
If you have a query about the time scale in respect of your case or if you have any holiday or hospital appointments or problems relating to future appointments, please let us know.
6.0 COURT PROCEDURE
The types of cases which are dealt with by criminal Courts can be divided into three categories. The categories are known as cases which are “Indictable Only”, “Triable Either Way”, and “Summary Only”.
INDICTABLE ONLY CASES
These offences may only be dealt with by the Crown Court and involve serious charges. Examples of cases which are Indictable Only include the following offences:
• Murder
• Manslaughter
• Rape
• Robbery
• Aggravated Burglary
• Unlawful Wounding With Intent
• Perverting the Course of Justice
If a person is convicted of an offence which is Indictable Only the Crown Court usually imposes a custodial sentence. Cases which are Indictable Only are usually sent by local Magistrates Courts to the Crown Court after one initial hearing.
CASES TRIABLE EITHER WAY
These offences may be dealt with by either the Magistrates Court or the Crown Court. Offences which fall into this category include:
• Burglary
• Theft
• Affray
• Unlawful Wounding
• Dangerous Driving
• Assault Occasioning Actual Bodily Harm
• Violent Disorder
• Possession and Supply of Drugs
• Criminal Damage (where the value of the damage exceeds £5000)
• Fraud
• Assault on an emergency worker
If a Defendant enters a Guilty plea to the charge at the Magistrates Court, the Court may either sentence the Defendant itself or commit the proceedings to the Crown Court for the Defendant to be sentenced by the Crown Court. The Magistrates Court is limited in its sentencing powers and the Crown Court may impose far longer custodial sentences. If a Defendant does not plead Guilty to an offence which is Triable Either Way when he/she appears before the Magistrates Court the Court will determine whether the case is so serious that it should proceed to the Crown Court for trial. If the Magistrates Court thinks it is suitable to be heard there it will say so. If the Defendant wishes to have the case heard at the Crown Court by a Judge and Jury, he may “elect” to have the case heard by the Crown Court.
When looking at the seriousness of a case, the Court will take into account the circumstances of the offence. For example, if large sums of money are involved in an offence of dishonesty, the case is more likely to proceed to be heard by the Crown Court and if an offence of violence involves large numbers of people or serious injuries, it is more likely to be dealt with in the Crown Court.
SUMMARY ONLY CASES
These offences may only be dealt with by the Magistrates Court. Offences which fall into this category include charges of:
• Common Assault
• Being Drunk and Disorderly
• Taking a Motor Vehicle Without Consent
• Obstruction of a Police Officer in the Execution of his Duty
• Loitering for Prostitution
• Using Threatening Behaviour
• Vehicle Interference
Most motoring offences are summary only. The maximum sentence which may be imposed by a Magistrates Court for an offence which is summary only is six months imprisonment. Some offences which are summary only cannot result in custodial sentences.
You will have been told about the nature of your case and the way in which your case is likely to proceed. Please let us know if you have any queries.
Please keep in close contact with us and make arrangements to be interviewed about your case at the earliest opportunity.
7.0 COURT SENTENCES
If a Court is considering imposing anything other than a financial penalty, it will usually adjourn proceedings while a Pre-Sentence Report is prepared by a Probation Officer who will interview the Defendant and discuss the case. It is obviously important for a Defendant to co-operate in the preparation of the report because the probation officer will inform the Court if the Defendant has refused or failed to co-operate.
CUSTODIAL SENTENCES
A Court will only impose a custodial sentence if it believes that no other sentencing options are appropriate. Courts sometimes choose to impose suspended sentences which may be activated by further misbehaviour on the part of the Defendant. Suspended sentences may be combined with community-based penalties. It will be very rare for a Defendant who receives a custodial sentence to find himself serving the entire sentence and provisions are made for a Defendant to be released early from his sentence. If a prisoner who is released early fails to comply with the requirements which form part of the conditions of his early release he may be returned to prison.
Defendants who receive a sentence of 2 years or less will receive a combination of licence supervision and post sentence supervision for up to one year. If a Defendant breaches the terms of his licence he may be returned to custody. If a Defendant breaches the terms of his post sentence supervision he may be taken to Court and the Court may impose up to 14 days imprisonment or may require him to perform unpaid work, observe a curfew or pay a fine.
COMMUNITY SENTENCES
Courts may impose a variety of community orders with components designed to address what the Court believes to be the requirements of the person who receives the sentence. The components include the following:
• Rehabilitation
• Unpaid Work
• Accredited programmes designed to address issues such as Violence, Sex Offending, Drug or Alcohol abuse, Domestic Violence or Drink Impaired Driving
• Exclusion from a specific area
• Residence at a specific location
• Drug Rehabilitation
• Alcohol Treatment
• Curfew
• Prohibition from taking part in certain activities
• Mental Health Treatment
• Attendance Centre
• Prohibition on foreign travel
If a Defendant is made the subject of a Community Order and fails to co-operate with the requirements of the Order breach proceedings may be brought against him. The Order may be allowed to continue with additional punishment, or the Order may be revoked, and the Defendant may be re-sentenced for the original offence. If this happens, the original case is re-opened and all of the sentencing options which were originally available to the Court may be considered and the Defendant may receive a more substantial sentence.
OTHER SENTENCES
A Court will impose a Conditional Discharge if it is satisfied that it does not need to impose a specific sentence. If a Conditional Discharge is imposed, the Defendant does not actually receive a sentence at the time of the conclusion of the case. Instead, he is told that the case will be reopened for sentencing if he commits a further offence within a specified time period. The Court may impose an absolute discharge in a case where the Defendant is technically Guilty of an offence but where the mitigating circumstances surrounding the offence are so great that it would be inappropriate for the Court to penalise the Defendant. Financial penalties may be imposed by the Court in respect of most offences and the Defendant may be required to pay a fine at a specified weekly or monthly rate. The Court may also order a Defendant to pay a contribution towards Prosecution costs and/or compensation to somebody who has been injured or whose property has been damaged to stolen. The Court also has the power to order the confiscation or destruction of weapons, items used for the commission of an offence and drugs and may make antisocial behaviour orders, sex offender orders or restraining orders in appropriate cases.
If a Defendant fails to pay a financial penalty, order for payment of Prosecution costs or order for compensation, the Court may enforce the Order by making an order requiring the Defendant to have the payments deducted from his salary or State Benefits or the Court may ask bailiffs to seize his belongings. If a Defendant fails to make regular payments in respect of a financial penalty he may be sentenced to a period of custody if the Court finds that he has been Guilty of culpable neglect or wilful default in making regular payments.
If you have any concerns at all about Court sentences, please let us know as soon as possible and we will do our best to address any concerns which you may have.
8.0 MOTORING CASES
Where a Defendant is convicted of motoring offences, he will find that the Court is likely to impose penalty points on his driving record. If a Defendant receives 12 or more penalty points, he may be liable to disqualification from holding a driving licence for a specified period of time. This is known as a “totting” disqualification. If an offence is very serious, the Court may impose the disqualification from driving immediately. Certain offences (eg: driving with excess alcohol) will automatically result in a disqualification from driving.
Our lawyers have considerable experience in dealing with motoring offences and we are conscious of the fact that it is often essential for clients to retain their driving licence. Our experience and expertise will enable us to advance technical arguments relating to the offences and we will be able to put forward arguments against disqualification despite the fact that the number of penalty points may exceed the “totting” limit or the nature of the offence is one which would ordinarily attract a driving disqualification.
Please let us know if you have any concerns about motoring cases.
9.0 YOUTH COURT CASES
The Youth Court hears cases which involve defendants who are 10 – 17 years old. If a Youth is charged with a case which also involves an adult defendant, the case will be heard at the Magistrates Court.
Youth Court cases are heard in private and there is no public right of access and no press reporting of names. The Youth Court will hear all cases involving defendants who are 10 – 17 years old unless the cases involve “grave crimes” where the Court decides that the charges are so serious that the cases have to be heard at the Crown Court.
The procedure at the Youth Court is broadly similar to the procedure at the Magistrates Court but special arrangements exist relating to the granting of Bail and people who appear at the Youth Court may be remanded into the care of the local authority or into secure accommodation rather than being remanded into custody. The Youth Court may impose a variety of sentences including the following:-
• Referral Order
• Youth Rehabilitation Order
• Detention and Training Order
REFERRAL ORDER
This may be made for a period between 3 months and 12 months. The Youth Offender Panel will meet with the person who is the subject of the Order to devise programmes which will address offending behaviour and lead to reparation. If a person who is the subject of a Referral Order breaches the terms of the Order or commits a further offence the Order may be revoked and the Court may extend the period of the Order or deal with the matter in another way.
YOUTH REHABILITATION ORDER
This is the standard community sentence for young people and the following requirements may be attached to a Youth Rehabilitation Order to provide for punishment, protection of the public, reducing offending and reparation:
• Activity Requirement Attendance Centre Requirement
• Curfew Requirement Drug Testing Requirement
• Drug Treatment Requirement Education Requirement
• Electronic Monitoring Requirement Exclusion Requirement
• Local Authority Residence Mental Health Treatment Requirement
• Programme Requirement Prohibited Activity Requirement
• Residence Requirement Supervision Requirement
• Unpaid Work Requirement Intensive Fostering Requirement
• Intensive Supervision and Surveillance Intoxicating Substance Treatment
Requirement Requirement
The Court may make repeated Youth Rehabilitation Orders using different combinations of requirements. The Youth Offending Team will prepare a pre-sentence report recommending packages of appropriate requirements.
DETENTION AND TRAINING ORDER
This is the custodial sentence which the Youth Court may impose upon an individual who is aged under 18. The minimum term of a DTO is 4 months and the maximum term is 2 years. Half of the Order is served in a secure establishment and the remaining half of the Order is the subject of supervision by a member of the Youth Offending Team. If the supervision element is breached the offender may be detained for the remaining term of the DTO.
If you are unsure about any matters relating to Youth Court procedures or sentences please let us know.
10.0 BAIL AND REMANDS INTO CUSTODY
A Defendant who faces motoring offences will usually be summoned to attend Court and the case may often be dealt with in his absence. A Defendant who faces charges which originated at the Police Station, will either be granted Bail to attend Court or will be kept in custody until the next Court hearing. A Defendant may be arrested if he fails to attend Court when required and may be charged with an additional offence of Failing to Surrender to Bail. A Defendant who is placed on bail may be required to obey certain conditions (eg: a curfew, a residence requirement, a requirement not to approach certain people or certain places and a requirement to report to a Police Station on a regular basis) which will be imposed if the Court has concerns that the Defendant may commit further offences or that the Defendant may fail to attend Court when required.
If a Defendant breaches any conditions of his bail he may be remanded into custody until the conclusion of the proceedings. If the Court has serious concerns that the Defendant will commit further offences, will fail to attend Court when required or will interfere with Prosecution Witnesses, it may remand the Defendant into custody. A Defendant may also be remanded into custody if the Court has concerns regarding his own safety if allowed bail. Strict time limits are in force in order to ensure that a Defendant does not stay in custody indefinitely. In general, a Defendant may only make two applications for bail in the Magistrates Court. If he remains remanded in custody, he may make a further application for bail to a Judge sitting in Chambers at the Crown Court. If the Judge refuses bail the Defendant may only make a further application for bail if there is a material change in circumstances.
We try to ensure that all clients who are remanded into custody receive a visit from us without delay. If you have been remanded into custody and require a visit please let us know.
11.0 APPEALS
A client who has had a case heard at the Magistrates’ Court may appeal to the Crown Court against his/her sentence or against his/her conviction and sentence. Notice of Appeal must be given in writing to the Magistrates’ Court and to the Prosecutor within 21 days from the date of sentence being passed. A client may also have the right to appeal to the High Court on points of law or procedure.
Appeals against conviction or sentence passed at the Crown Court must be submitted to the Court of Appeal and Notice of Appeal must be submitted within 28 days of the decision. If there is an appeal against conviction it usually centres upon whether the conviction is unsafe and the Court of Appeal will examine whether or not the Judge gave a wrong direction on a point of law or whether there has been a material irregularity in the course of the proceedings. An appeal to the Court of Appeal against sentence is based on the grounds that the sentence was wrong in law, wrong in principle or that the sentence was “manifestly excessive” (i.e.: well beyond the sentencing guidelines for the sort of case in question).
If you want to raise a question about an appeal, please let us know immediately.
12.0 REGULATORY CASES
We have extensive experience of all aspects of regulatory criminal and associated civil proceedings including prosecutions brought by Local Authorities, Government Departments, and other agencies. We act for individuals and companies facing prosecution or regulatory proceedings including disciplinary proceedings before professional bodies.
We represent clients facing investigations, prosecution and disciplinary proceedings relating to all manner of regulatory matters including the following:-
• Environmental matters (including fly tipping, pollution, waste and nuisance).
• Trading Standards.
• Fraud.
• Proceeds of crime / confiscation.
• Animal welfare.
• Food hygiene.
• Health and safety.
• Building and planning enforcement.
• Taxis / plying for hire.
• Education Act prosecutions.
• Liquor licensing, gaming and sex establishment licensing.
• Disciplinary investigations and proceedings brought by professional bodies, including proceedings against Accountants, Health Care Professionals and Solicitors.
If you have any concerns relating to regulatory matters, please let us know immediately.
13.0 CONFISCATION, CASH FORFEITURE AND FINANCIAL CASES
We deal with all cases associated with the Proceeds of Crime Act 2002 including the following:-
• Cash Forfeiture proceedings
• Civil Recovery proceedings
• Confiscation Order proceedings
• Restraint Order proceedings
The Police are permitted to seize cash if they suspect it to be the proceeds of criminal conduct or intended for use in criminal conduct. Proceedings relating to the forfeiture of the cash are heard at the Magistrates Court and we represent Clients who seek the recovery of cash which has been seized.
Civil Recovery proceedings are often commenced by retailers who claim to have lost property or cash and the civil proceedings run alongside associated criminal proceedings. We represent Clients facing civil proceedings.
Confiscation Order proceedings follow a conviction where the Court determines that an individual has received a financial gain. We represent Clients facing confiscation proceedings and we undertake negotiations in respect of the proceedings.
Sometimes Court proceedings are commenced without notice or at very short notice and Court Orders may be made freezing the assets of an individual in order to prevent the asset from being disposed of. We represent Clients facing such proceedings and we will negotiate, and challenge Orders made.
Sometimes Orders are made which have an impact upon third parties (e.g. the spouse or partner of the person who is the prime focus of concern). We represent the interests of such third parties who may be claiming an interest in order to ensure that they and their assets are protected.
If you have any concerns relating to confiscation, cash forfeiture or financial cases, please let us know immediately.
Criminal Team Emergency Pager Number 07623 514650