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Criminal Defence Blog

Rape of a Child Solicitors

rape of a child solicitorsRape of a Child Solicitors

 

We were delighted to assist a family recently during a very traumatic case.

 

We were instructed by Mrs H, mother of a 14 year old vulnerable child with special needs.  She contacted us absolutely mortified following the police asking her son to attend the police station for interview in relation to an allegation of rape of a child.  They needed rape of a child solicitors, and they came to the right place.

 

The alleged victim was known to Mrs H and her family, and whole her son denied the allegation completely, the allegation had huge consequences for the family.  The family of the alleged victim cut off all contact with Mrs H and her family, despite them being long-term, close friends. 

 

And, perhaps the worst part, it was clear that Mrs H’s estranged husband, the client’s father, did not believe his son was innocent.

 

As defence lawyers, we have a privileged and unique position.  We often see families experiencing the worst things they can imagine, and we are given access to people at their most vulnerable time and an open licence to ask personal, intimate questions.

 

It was clear that this was a family still reeling from the client’s diagnosis of complex special needs, and the client’s father in particular was unsure of how to deal with his son.

 

This led to a difficult, but necessary, conversation between caseworker Katie Forrest and the client’s father.

 

“I reminded him that his son was presumed innocent until proven guilty and that his son would need his support at this time more than ever.” Katie says.

 

We were instructed to fully investigate the allegation and to take a pro-active approach, with the aim of attempting to resolve the matter without any formal charges being laid against our client.

 

We took a detailed statement from the client himself, as well as his mum, dad and sister, who were all present on the day in question.

 

We organised expert representation for our client at several police interviews, together with protecting his rights and requirements as a vulnerable child himself.

 

We were confident that the matter was proceeding well, and then we were notified that a second similar allegation – of rape of a child – had been made against our client.

 

Our client, and his family, were devastated, and clearly the prospects were not looking good at this point.

 

We, however, renewed our focus on the case and continued in depth liaisons with the police officer.  By working collaboratively and pro-actively, we were able to present our case to a prosecutor before our client was charged with any offence, and after reviewing this, the decision was made that our client would not be prosecuted in relation to either allegation.

 

We were all absolutely delighted.

 

As specialist rape of a child solicitors, we are the experts you need to defend any allegations of rape of a child.  We do NOT represent anyone who accepts they are guilty of rape of a child.

 

If you are falsely accused of rape of a child, call our expert team now on 01623 397200.

 

Whiplash Fraud Solicitors

 

whiplash fraud solicitorsWhiplash Fraud Solicitors

 

Whiplash fraud is a hot topic currently, as the government continues to announce further reforms for the handling of personal injury claims and assessment.  While this area is under the spotlight, whiplash claims are being reviewed and the criminal justice system has shown its willingness to become involved to help curb whiplash fraud.

 

A West Midlands man was recently jailed for making false statements in a £15,000 claim.

 

Whiplash fraud cases are likely to be charged as fraud by false representations.

 

Charges of fraud by false representation are laid when a person is alleged to have made a false representation dishonestly, knowing that the representation was or might be untrue or misleading, with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.  It is important to note that a gain or loss does not have to occur, it being intended is sufficient.

 

It is important to note that a representation can include omissions, for example an omission to mention certain pieces of information, and can also include a failure to correct a false impression after a change in circumstances. 

 

A representation is “false” if it is untrue or misleading and the person making the representation knows that it is, or could be, untrue or misleading.

 

Your behaviour will be judged based on whether it would be considered dishonest by the standards of regular, reasonable and honest people.

 

As whiplash fraud solicitors, we review the evidence against you and pro-actively prepare your case to either build your strongest defence or gather mitigation for you.

 

Whiplash fraud, charged as fraud by false representations, carries a maximum sentence of 10 years’ imprisonment.

 

It is vital that, if you are being investigated for whiplash fraud, you get the experts on your side at the earliest possible opportunity.  Our whiplash fraud solicitors are here to help on 01623 397200.

 

Virtual Court Hearing Solicitors

virtual court hearing solicitors

 

Virtual Court Hearing Solicitors

 

As specialist virtual court hearing solicitors, we are receiving many questions about the new Virtual Court Hearing system.  This post is our overview of the new system.  If you are in need of Virtual Court Hearing Solicitors, call our expert team now on 01623 397200.

 

What is the background to Virtual Court First Hearings?

 

Since 2009, magistrates’ courts have been able to conduct first hearings of criminal cases by a live link between the court and police stations. This means the defendant may appear by live link from the police station to court, rather than being taken to court to be physically present. 

 

Does a defendant have to consent to this process?

 

No, not any more. Since 14 December 2009, a former requirement that a defendant must consent to participate in a live link hearing (contained in sub-section 57C (7) of the Crime and Disorder Act 1998) was removed by the Coroners and Justice Act 2009. Accordingly, it is no longer a requirement that the defendant consent to appear in court by way of the video link from the police station.

 

Are more defendants now appearing at court hearings by video link?

 

Yes. The suitability criteria custody officers use to initially assess the suitability of defendants to appear by video link have recently been relaxed. As a result of this more defendants are eligible to appear in this way at their first court hearing. (There may be regional variations as different police forces may apply different suitability criteria. In addition, youth court cases hearings will be conducted by video link.) 

 

What is a Virtual Court First Hearing (VCFH)?

 

In a VCFH, the defendant is not produced at court but appears in the magistrates’ court by a video link from a room in the police station custody suite.

 

The magistrates (or district judge), court staff and prosecutor will be at court.

 

The defence solicitor will either be at the police station or the court. (This is a decision they need to make with regard to the best interests of the defendant.)

 

VCFHs may take place in respect of any offence.

 

Custody officers initially decide if a case is suitable to be heard by live link by referencing suitability criteria. (Representations may be made to custody officers regarding their decisions and a copy of the suitability criteria can be requested by legal professionals.) There are also regional variations in terms of which cases are deemed eligible for VCFH. A risk assessment is also carried out as due consideration has to be given to the possibility of violent behaviour from the defendant prior to or during a VCFH.

 

The final decision to proceed by way of a live link hearing is made by the court. Section 57C (6)(A) of the Crime and Disorder Act 2006 states that ‘a live link direction under this section may not be given unless the court is satisfied that it is not contrary to the interests of justice to give the direction’. 

 

Is the Defendant Fit for this Process?

 

The defendant’s legal representative has a duty to ascertain that the defendant is fit – physically and mentally – to take part in the proceedings. The following indicators should be addressed for each defendant if they:-

 

  • are under the influence of drugs or alcohol, or suffering the effects of withdrawal
  • have cognitive, mental or physical health issues that may affect their rights while in police detention
  • have been subject to inappropriate police pressure
  • have the necessary communication skills and abilities.

 

Similarly, due care should be taken for defendants who require an appropriate adult (Police and Criminal Evidence Act 1984) or interpreter. It is crucial that defendants are able to understand and cope with the virtual court process. If they are not, this would form the basis of an application to the court that it would not be in the interests of justice to make the direction.

 

If you have received notification that a VCFH has been fixed, and need virtual court hearing solicitors, contact us on 01623 397200 for free initial advice.