By David Kilty, Solicitor-Advocate

Here is another example that shows the importance of obtaining legal representation if you are arrested.

In this case the person was arrested on suspicion of assaulting his daughter. As he felt convinced of his innocence, he did not seek legal representation under the assumption that he would be able to explain events and be released without charge.

However, during the course of the arrest, the police fired a number of leading questions at him and he accepted that he had pushed his daughter.

This man realised that he had made a huge mistake in being unrepresented at the police station and he came to us for representation at his Magistrates’ Court trial.

In consultation with him, I established the circumstances leading to his arrest. A row had developed between the client’s wife and his daughter’s boyfriend. During the row, my client heard the boyfriend threaten his wife and her property. His reaction to this was to rush to his wife’s aid. However, his daughter stepped into his path to stop him reaching her boyfriend and there was nothing that could be done to stop a collision between the two.

I was able to ensure that the Magistrates were fully aware of the sequence of events and my client was acquitted.

My client was hugely relieved at this outcome, and was only sorry that he did not seek our support sooner. I had to agree, as had I or a colleague been with him at the police station interview, we would have ensured that leading questions were not posed by the police officers and would have made sure that he had enough time and composure to put forward his version of events. In all likelihood he would not have been charged and could have avoided the stress of the trial.

By David Norman, Solicitor-Advocate

Recently I acted for a gentleman who was due to be sentenced for Exposing his genitals in front of members of the public including numerous families.

Had my client received a custodial sentence or a Community Order of 12 months or more, there was a serious risk that he would have been placed on the Sex Offenders Register for 7 years.

I managed to persuade the Court that the offence was not of a sexual nature but an alcohol fuelled offence and as such he was not a person that needed to be placed on the Sex Offenders Register. The Court agreed and he was punished with a Community Order of 9 months with an alcohol treatment requirement. Needless to say he was very grateful.

By Rachel Barrow, Solicitor-Advocate

Recently I represented a female charged with driving a motor vehicle on a road after consuming so much alcohol that the proportion of it in her breath exceeded the prescribed limit (excess alcohol).

Another driver had contacted the police to report that he had seen a vehicle traveling slowly with it’s hazard lights illuminated, weaving across the carriage way. Police attended & stated that the vehicle had damage to the front end and that the front offside tyre was deflated as though the vehicle had struck something. The driver denied having collided with anything.

A roadside breath test was undertaken and the result was negative so the driver was arrested and the drink drive procedure was undertaken at a police station. The lowest breath sample provided was 110 microgrammes of alcohol per 100 millilitres of breath; the legal limit is 35 microgrammes of alcohol per 100 millilitres of breath. The breath sample provided by the driver was therefore over three times the legal limit.

The guidelines for sentence in relation to driving whilst over the prescribed limit for the level of alcohol is the imposition of a medium level community based penalty and a disqualification from driving for 23 – 28 months.

My client pleaded guilty and extensive mitigation was put to the Court. Her version, that being that she had not been involved in a collision was accepted by the Court. I then asked the Court to depart from the guidelines and to impose an increased financial penalty as my client greatly preferred this option to that of a community punishment penalty.

This female was fined £535 and disqualified from driving for 24 months. She was also given the opportunity to undertake the Drink Drivers Rehabilitation Course which can reduce any disqualification by 25% if successfully completed in the relevant time period.

If this female had not instructed a solicitor to represent her she may not have:

1.been able to persuade the Court that she had not been involved in a collision – which would have been a significantly aggravating factor which may have increased the severity of the sentence imposed,

2.known that in certain circumstances the Court can impose increased financial penalties and can depart from the guidelines, and

3.known to ask for the Drink Drivers Rehabilitation Course to be offered as it is at the Court’s discretion whether or not to offer this course.

By Stuart Nolan, Solicitor-Advocate

I have just returned from Court having successfully represented a client who was accused, with 6 others of disorderly behaviour. The circumstances were that the defendants challenged members of the British National Party at a “street stall” meeting in Liverpool which resulted in disruption of the meeting, the police being called, and the arrest of the protesters.

Had my client been found guilty of disorderly behaviour he would have faced a sentence which may have impacted on his chosen career following his graduation.

I made a submission to the court that the evidence put by the prosecution was incapable in law of sustaining a conviction.

The judge reflected on this submission overnight and accepted that the admitted behaviour of the defendant was not disorderly or insulting but legitimate protest and my client was acquitted.

By Richard Craven, Barrister

I acted for a young man who sub-let his council flat to a friend when he decided to move in with his girlfriend on a trial basis. As he did not wish give up his flat, he did not declare to the Council that he had in fact moved and gave his old address as his current address on all official correspondence. Unbeknown to him, his friend turned his flat into a cannabis factory, growing over 120 plants in each room. When my client called in at his old flat to collect his post, he discovered that the flat had been raided by the police. Knowing the police would be looking for him, he immediately contacted David Phillips & Partners Essex Office, who arranged a time for him to attend the police station and provided representation for him in interview. Enquires by colleagues Natalie Mortimer and Krishma Golain our crown court team uncovered several independent witnesses who could state that although all official records indicated that he had been living at the flat, he had in fact moved out several months before the cannabis cultivation operation commenced. After a two day trial at Basildon Crown Court the jury unanimously found my client Not Guilty of cultivation of cannabis and allowing his premises to be used for the cultivation of cannabis

By Rebecca Blain, Solicitor-Advocate

In a recent trial before the Crown Court, my client was acquitted by a unanimous verdict of the jury. He was charged with an offence of assault occasioning actual bodily harm against his now ex-partner. She alleged that following an argument he had physically assaulted her and that she had suffered a broken nose. No medical evidence to support her case had been made available to the defence until 1 week before the trial.

On arrest and at the time of police taped interview the defendant had maintained that he was acting in self defence. Despite this age of equality he was, as a male, perceived to be the aggressor. He maintained that his ex-partner had previously offended against him and that although he had never pressed charges that there would be police records to show that she had been arrested for assaulting him in the past.

Because the alleged assault was upon his ex-partner the case fell to be dealt with under the Domestic Violence protocol, which in general terms means that the process is quickened and there is a much shortened wait for trial. In the short lead up to the trial, the prosecution were asked to disclose details of all occasions when the defendant had made a complaint of assault against his ex-partner. The prosecution failed to reply to this request and a court hearing was arranged so that an application could be made to the judge to force the disclosure of these details. At that hearing, the prosecution told the court and the defence that the police had investigated this point and produced a report which said that there were no records of any such complaints. It was only through the hard work and determination of one of our criminal clerks, Charlotte Pringle, that medical evidence and other correspondence emerged the day before the trial which confirmed the defendant’s claim that he had made complaints. Presenting this to the prosecution and police pushed them into accepting that these incidents had occurred and a police officer then made further enquiries with a positive result. Having this confirmation meant that the complainant could be cross-examined on this point during the course of the trial and should she deny the incidents had occurred then the police officer was able to give evidence of the police records. This of course would undermine the credibility of the witness and mean that the jury may be less inclined to believe her.

Furthermore, the medical evidence received in the week before the trial concluded that the complainant had in fact only suffered bruising to her nose and that she had not sustained a break to her nose as she claimed. This too provided an important line of questioning as she had provided her statement after her release from hospital. We submitted that she would have known at the time of giving her statement that her nose was not in fact broken. This meant that her overall credibility would be so diminished that she would be disbelieved.

Despite having uncovered weaknesses in the prosecution case, the prosecution took the matter to trial. At that hearing, the complainant was cross-examined on these points and others that arose during the course of proceedings. After a two day trial the jury were all agreed in their verdict of not guilty and the defendant was immediately released from custody.

By Alan Rice, Accredited Police Station Representative

Recently, I was asked to represent a 15 year youth accused, with 3 others, of raping a middle aged woman in a local park. This is an extremely grave crime; people found guilty of rape face substantial periods of detention. The suspects, all juveniles, were interviewed separately. My client vehemently denied any involvement in the attack. However, he was concerned that, as he had been present in the park and that he had a previous conviction for criminal damage, his denial would be ignored. We were able to outline his detailed movements and actions to account for the presence of his DNA in the area. The officers attempted to push the client into naming others , but I intervened to halt that approach as my client had already put forward his alibi and his defence would be vindicated by the results of forensic examinations which were pending.

I was able to confirm that my client had no objections to an identification parade as this would test the strength of the witness statement and the role played by all of the suspects and show the officers that his presence at the scene was purely an innocent one.

The identification parade was negative and my client was bailed to return to the police station. The forensic results showed no link between my client and the victim and the case against him was dropped. My client and his concerned family were hugely relieved at the outcome, especially since they were worried that his previous, unrelated offence could have been held against him.

By Paul Kilty, Solicitor-Advocate

A self-employed electrician recently consulted me as he had been accused of taking his friend’s car without permission (amounting to an offence under the Theft Act.)

The gentleman was adamant in his denial of this offence and was anxious to obtain legal representation to help prove his innocence. Due to the recession, his business had taken a downward turn and he was not sure if he would be able to afford to instruct a solicitor. Together we completed an application for legal aid, and although it was originally refused, we submitted an appeal on his behalf which was successful and we were able to prepare his case and attend the full day trial without any cost to the client.

Our client’s defence was that he had been given permission by the owner of the car to use the vehicle. The owner of the car was a solicitor and one of his witnesses was also a professional person. Although my client had no previous convictions he was concerned that the Court would believe the other parties in the case.

I reassured my client that any inconsistencies in their accounts would be rigorously exposed. The case proceeded to trial during which I put the prosecution through their paces revealing weaknesses in both their accounts, diminishing their credibility.

The Court returned a verdict of “Not Guilty” – a great result for my innocent client whose good name remains intact.