Recent changes in Legal Aid at the police station level mean that if a detainee initially requests the Duty or local solicitor, it is very difficult to transfer Legal Aid to this specialist firm while the suspect continues in police detention. It is therefore important for our clients to nominate us as their solicitors to the booking-in officer on arrival in custody. However, we can always be asked to privately represent any suspect in England & Wales; subject to cleared funds. This is a 24 hour service and we believe it is a fundamental right for someone facing allegations to have their own solicitor of choice in the Police Station.
Legal Aid does not normally allow for the attendance by a lawyer at the police station on relatively minor matters. All that happens is that the suspect may receive telephonic advice from an appointed CDS agent. We disagree with this relatively recent restriction of individual choice of lawyer on Legal Aid. We believe clients should have unhindered access to our own lawyers.
Anyone can instruct us on a private basis for independent emergency advice and assistance. This is irrespective of the level of allegation and applies all over England & Wales.
Please also note that we do not use ex-police officers as our police station representatives.
Monday, 27 July 2009
Crown Court Trials - Success!
We have just had successful outcomes as follows:
Manchester Crown Court:
We were defending a young lady in a big drugs case. She was one of seven defendants and we represented her right from middle-of-the night interrogations at the police station all the way to her Crown Court jury trial. There was a considerable amount of detailed preparation and we utilised the skills of one of our finest barristers.
Outcome: Our client was found Not Guilty but all the other defendants were convicted.
Route to case: Recommendation from a former client.
Lewes Crown Court:
We defended a middle-aged builder in regard to a serious dishonesty allegation.
Hedley had acted for him at the police station level and we instructed one of our best young London counsel for his trial. The jury were out about three hours.
Outcome: He was acquitted and has subsequently sent in a kind testament which we post in our Tributes section.
Route to the case: Recommendation from his South London family.
Comment:
We must stress how important it is for this firm to be contacted at the earliest stage of a case. Suspects need our independent advice and assistance.We run a 24 hour emergency service.
Manchester Crown Court:
We were defending a young lady in a big drugs case. She was one of seven defendants and we represented her right from middle-of-the night interrogations at the police station all the way to her Crown Court jury trial. There was a considerable amount of detailed preparation and we utilised the skills of one of our finest barristers.
Outcome: Our client was found Not Guilty but all the other defendants were convicted.
Route to case: Recommendation from a former client.
Lewes Crown Court:
We defended a middle-aged builder in regard to a serious dishonesty allegation.
Hedley had acted for him at the police station level and we instructed one of our best young London counsel for his trial. The jury were out about three hours.
Outcome: He was acquitted and has subsequently sent in a kind testament which we post in our Tributes section.
Route to the case: Recommendation from his South London family.
Comment:
We must stress how important it is for this firm to be contacted at the earliest stage of a case. Suspects need our independent advice and assistance.We run a 24 hour emergency service.
Saturday, 23 May 2009
Pay Fever Season and the Honourable Members.
Just some thoughts about the current insights into the behaviour of our beloved MPs.
The standard responses from our chosen ones is that the claims were 'Inadvertent,' 'Accounting mistakes,' or 'Genuine errors due to work pressures.' Bless.
To somehow atone for any misdemeanour, noughty cheques and apologies are dispensed before the massed ranks of the encircling media. Any resulting prosecution? Bless.
Now picture the scene in your local constituency branch of the Bill as the long -in-the-tooth CID officer hears my hard pressed businessman client rattling off the same litany of honourable excuses in a minor fraud inquiry. Even offering to pay back any oversights?Any resulting prosecution? Hmm.
Or picture the Benefits Fraud single parent up before the DSS for systematic periodical false claims. But perhaps she has not got an old coots cheque book in her kitchen drawer to ameliorate matters. Any resulting prosecution? Hmm.
The Victorian Honorable fellows tried many a method to stop the stench of the then polluted Thames upsetting their lifestyles. Curtains were closed and doused. Only a grand scheme of sewer building cleared the air.
Now the prevailing smells seem to emanate from inside the House. Would Health & Safety allow an internal cesspit in 2009? Or should the original Thorney Island on which it sits be moved out towards Gravesend? Hmm.
Enough ranting, it's a Sir Freddie's Bank Holiday weekend. The sun is bursting through the ozone and the hounds need to lift and squat.
Later.
The standard responses from our chosen ones is that the claims were 'Inadvertent,' 'Accounting mistakes,' or 'Genuine errors due to work pressures.' Bless.
To somehow atone for any misdemeanour, noughty cheques and apologies are dispensed before the massed ranks of the encircling media. Any resulting prosecution? Bless.
Now picture the scene in your local constituency branch of the Bill as the long -in-the-tooth CID officer hears my hard pressed businessman client rattling off the same litany of honourable excuses in a minor fraud inquiry. Even offering to pay back any oversights?Any resulting prosecution? Hmm.
Or picture the Benefits Fraud single parent up before the DSS for systematic periodical false claims. But perhaps she has not got an old coots cheque book in her kitchen drawer to ameliorate matters. Any resulting prosecution? Hmm.
The Victorian Honorable fellows tried many a method to stop the stench of the then polluted Thames upsetting their lifestyles. Curtains were closed and doused. Only a grand scheme of sewer building cleared the air.
Now the prevailing smells seem to emanate from inside the House. Would Health & Safety allow an internal cesspit in 2009? Or should the original Thorney Island on which it sits be moved out towards Gravesend? Hmm.
Enough ranting, it's a Sir Freddie's Bank Holiday weekend. The sun is bursting through the ozone and the hounds need to lift and squat.
Later.
Wednesday, 20 May 2009
DNA profiles and Big Brother.
We have had many cases where clients are not proceeded against in a court of law (possibly cautioned) or are subsequently acquitted. The keeping of DNA profiles from these individuals on the National Database has been the subject of direction from the European Court of Human Rights in 'S and Marper v UK.' Blanket retention of these samples was said to be unlawful.The government make reforming suggestions in their Home Office consultation paper 'Keeping the Right People on the DNA Database.' Basically kept as follows:
Arrested but not convicted for minor offences: 6 years.
Arrested but not convicted for serious sexual or violent offences: 12 years.
One minor admitted offence by a child (10 to 18 years): until 18 years.
Contrast this with the law in Scotland and the rest of Europe that are building their more modest or targeted databases.
I have one prominent case in mind whereby a 15 year old client of good character in London came to me by recommendation. Arrested for the first time and I believe manifestly innocent of an allegation of rape. He was interrogated at length by the police in the presence of his parents and myself. After many beneficial inquiries he was not proceeded against and yet he has to have his DNA and fingerprints kept by the State for the rest of his life. Is this proportionate and fair or an invasion of his civil liberty and the right to a private life?
DNA profiles. A presumption of guilt or a useful and crucial investigative tool, leading to the solving of many serious crimes that would not otherwise have come to light? Where do you stand on this crucial issue?
Arrested but not convicted for minor offences: 6 years.
Arrested but not convicted for serious sexual or violent offences: 12 years.
One minor admitted offence by a child (10 to 18 years): until 18 years.
Contrast this with the law in Scotland and the rest of Europe that are building their more modest or targeted databases.
I have one prominent case in mind whereby a 15 year old client of good character in London came to me by recommendation. Arrested for the first time and I believe manifestly innocent of an allegation of rape. He was interrogated at length by the police in the presence of his parents and myself. After many beneficial inquiries he was not proceeded against and yet he has to have his DNA and fingerprints kept by the State for the rest of his life. Is this proportionate and fair or an invasion of his civil liberty and the right to a private life?
DNA profiles. A presumption of guilt or a useful and crucial investigative tool, leading to the solving of many serious crimes that would not otherwise have come to light? Where do you stand on this crucial issue?
Prison - The answer?
The total prison population as at February 2009 was 82,586. Over twice as many as were incarcerated in the mid-nineties.Twenty prisons now routinely hold over a thousand inmates.Many are two to a cell built for one or three to a cell meant for two. And very little attempt at rehabilitation; merely containment.
One major cause has been the Criminal Justice Act 2003, which created indeterminate sentences. This basically means that a prisoner has to serve a minimum period and thereafter can only be released by permission of the Parole Board. This organisation cannot cope with the number of applicants. There is consequently a log-jam of detainees needing to be assessed and possibly released under supervision back into society.
Many of our prisons are rife with drugs and bullying. Note the Chief Inspector of Prisons comments published today about a Victorian gaol that I have visited, namely Parkhurst.
Is this country really so different from other Western European democracies that imprison fewer of their citizens by a percentage of their populations? Do increasingly longer sentences work? I think not.
One major cause has been the Criminal Justice Act 2003, which created indeterminate sentences. This basically means that a prisoner has to serve a minimum period and thereafter can only be released by permission of the Parole Board. This organisation cannot cope with the number of applicants. There is consequently a log-jam of detainees needing to be assessed and possibly released under supervision back into society.
Many of our prisons are rife with drugs and bullying. Note the Chief Inspector of Prisons comments published today about a Victorian gaol that I have visited, namely Parkhurst.
Is this country really so different from other Western European democracies that imprison fewer of their citizens by a percentage of their populations? Do increasingly longer sentences work? I think not.
ACTIVE PACE - Effective representation at the police station level.
We are very effective at representing clients all over England & Wales at the investigation stage ie: the police station level.Our figures for ending the case at the initial stage are of the highest recorded. We have trademarked this concept as ACTIVE PACE.
Our clients who opt for this professional extra service find it reassuring to know they have access to our experts during the currency of their case and for informed advice and assistance.
We have just finished assisting an elderly man accused of a serious historic sexual offence which he strenuously denied. The case was discontinued thanks to our efforts on behalf of this client; who incidentally found us via Google.
He then wrote in May as follows:
'Thank you for resolving my case successfully, your help and professionalism was outstanding. I would happily recommend your company to anyone.' D.F.
Please feel free to contact us to discuss this Fixed Fee service.
Our clients who opt for this professional extra service find it reassuring to know they have access to our experts during the currency of their case and for informed advice and assistance.
We have just finished assisting an elderly man accused of a serious historic sexual offence which he strenuously denied. The case was discontinued thanks to our efforts on behalf of this client; who incidentally found us via Google.
He then wrote in May as follows:
'Thank you for resolving my case successfully, your help and professionalism was outstanding. I would happily recommend your company to anyone.' D.F.
Please feel free to contact us to discuss this Fixed Fee service.
Friday, 3 April 2009
Miscarriages of Justice
I started training in law way back in the seventies, when access to police stations to represent suspects was at the discretion of the police. This was prior to the Police and Criminal Evidence Act and proper custody procedures such as taped and not handwritten recordings of interrogations. Many was the time when I would be banging on the police station door trying to gain access to my client. As often as not, one was allowed in only after an interview and when the client then alleged "I've been fitted-up Andrew." Subsequent pleas of oppression or intimidation often fell on deaf judicial ears, until science lent a hand in proving notes could not have been made as the officers' claimed.
Time, legislation, decided cases and economics have moved on so that in 2009 we apparently have an extensive system of legal representation in police stations throughout England & Wales (but not Scotland). However differences in the 24 hour assistance caused by Legal Aid changes and the often unprofitable nature of this work has in my view been to the detriment of full and proper representation at this most crucial part of our justice system. I reckon that there will be an inevitable increase in the miscarriages of justice. Some more vulnerable, innocent individuals might end up with convictions and sentences based on incorrect procedures, exploitation by canny officers and the need to solve crimes expeditiously. 'Crimes solved' statistics come to mind and concomitant political pressures.
Our core belief at M23law is in proper representation at the police station level. It might mean travelling long distances or pernicious unsocial hours to defend a suspect's interests. Increasingly this is on a private basis due to the shortfall in Legal Aid. We have recently acted on cases as far north as Cumbria on a kidnapping and Greater Manchester on a serious indictable (Crown Court only) drugs conspiracy allegation.
Time, legislation, decided cases and economics have moved on so that in 2009 we apparently have an extensive system of legal representation in police stations throughout England & Wales (but not Scotland). However differences in the 24 hour assistance caused by Legal Aid changes and the often unprofitable nature of this work has in my view been to the detriment of full and proper representation at this most crucial part of our justice system. I reckon that there will be an inevitable increase in the miscarriages of justice. Some more vulnerable, innocent individuals might end up with convictions and sentences based on incorrect procedures, exploitation by canny officers and the need to solve crimes expeditiously. 'Crimes solved' statistics come to mind and concomitant political pressures.
Our core belief at M23law is in proper representation at the police station level. It might mean travelling long distances or pernicious unsocial hours to defend a suspect's interests. Increasingly this is on a private basis due to the shortfall in Legal Aid. We have recently acted on cases as far north as Cumbria on a kidnapping and Greater Manchester on a serious indictable (Crown Court only) drugs conspiracy allegation.
Wednesday, 18 March 2009
Six Thousand Plus
There are over six thousand new offences since New Labour came to power. Many never really came into common usage as they were poorly drafted and under-funded.
Of course all of us are supposed to know all these criminal transgressions as ignorance is no excuse!
Contrast with the 1861 Offences Against the Person Act and daily charges still of such offences as ABH and GBH.
A point or two to discuss?
Of course all of us are supposed to know all these criminal transgressions as ignorance is no excuse!
Contrast with the 1861 Offences Against the Person Act and daily charges still of such offences as ABH and GBH.
A point or two to discuss?
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