Criminal Defence Solicitors

Are you under investigation or facing prosecution for a criminal offence?

At Old Bailey Solicitors, we have a wide range of expertise and over 20 years of experience as criminal defence lawyers defending individuals against criminal offence allegations, from sexual offences to cases involving violence, drugs and financial crimes. With offices in central London, Sussex and Surrey, we are conveniently located for clients across the South of England and beyond.

For fast, expert advice from expert criminal defence solicitors, please call our switchboard on 0207 846 4999.

Our criminal defence solicitors appreciate the devastating impact being accused of a criminal offence can have on your livelihood. Not only is your liberty at risk, but you are most likely anxious about the impact of the case on your friends, family, reputation and job. Many of our clients have never faced the criminal justice system before and have successful careers and personal interests they need to protect.

We will do everything possible to defend your legal rights and protect your freedom. We have been recognised by the national legal directory, Chambers & Partners, for our ability to handle our clients’ cases and reputational concerns expertly but discreetly. We have a strong track record of securing the release of our clients without charge or acquitted at trial for a wide range of offences.

How can our criminal defence lawyers help?

 Our specialist criminal defence solicitors can advise and support you at all stages of the criminal justice system, from arrest and police interview, through any criminal investigation, to hearings at the Magistrates Court or Crown Court.

Our expertise includes defending allegations of:

• Sexual Offences
• Indecent Images
• Rape Allegations
• Domestic Violence
• Online Grooming Offences
• Voyeurism
• Violent Offences
• Affray
• Assault by Beating
• Common Assault/Battery
• Grievous Bodily Harm
• Fraud and Financial Crime
• Tax and HMRC Investigations
• Drug Offences
• Motoring Offences
• MHRA Offences
• Health & Safety Offences
• Affray
• Assault by Beating
• Common Assault/Battery
• Grievous Bodily Harm

Rape Allegations

Attempted rape occurs when an individual tries to commit the act of rape but does not complete the offence. In legal terms, a person is considered to have committed attempted rape if they deliberately attempt to penetrate another person’s vagina, anus, or mouth with a penis, without consent, but ultimately do not succeed. This failure may be due to various reasons, such as the victim resisting, intervention by a third party, or the perpetrator voluntarily stopping before completing the act.

Despite the offence not being fully carried out, attempted rape is treated with the same level of seriousness as rape, and the sentencing guidelines are correspondingly similar.

Attempted rape falls under the Criminal Attempts Act 1981, meaning that the general laws regarding attempts apply. To secure a conviction, the prosecution must prove that:

• The defendant acted with the clear intent to penetrate the victim without their consent.
• Their actions went beyond mere preparation and were significant steps towards committing the offence.

The phrase “more than merely preparatory” means that the defendant must have progressed past initial planning and taken concrete steps toward committing the crime. Case law has determined that the act itself does not need to be explicitly sexual for a conviction—intent can be inferred from the circumstances. Additionally, an actual attempt at penetration is not required; proving intent alone is sufficient for a guilty verdict.

If the prosecution establishes both intent and significant preparatory actions, the defendant will be convicted of attempted rape and sentenced accordingly. As with most offences under the Criminal Attempts Act 1981, sentencing for attempted rape is aligned with that of the full offence.

Attempted rape is classified as an indictable-only offence, meaning it is a serious crime that can only be tried in the Crown Court before a jury. The maximum sentence is life imprisonment, similar to rape. While life sentences are rare and usually reserved for the most severe cases, a prison term is highly likely, with a typical starting point of 4 to 5 years.

Voyeurism and the Law

Voyeurism is the act of gaining sexual gratification by watching or recording someone engaged in a private act without their consent. It is a criminal offence under both the Sexual Offences Act 2003 and the Voyeurism Offences Act 2019.

The Sexual Offences Act 2003 outlines voyeurism as:

• Observing someone performing a private act (e.g., watching someone undress).
• Recording someone during a private act (e.g., filming people having sex or using the toilet).
• Installing or operating recording equipment with the intent to capture someone’s private act.

The Voyeurism Offences Act 2019 addresses voyeurism in public spaces. It specifically targets cases where:

• The offender records under a person’s clothing.
• The focus is on genitals or underwear.
• Consent is absent.
• The purpose is for sexual gratification or to cause humiliation, alarm, or distress.
• This law applies in England and Wales and is not retrospective.

Key Offences

Upskirting
Introduced by the Voyeurism Offences Act 2019, ‘upskirting’ refers to taking photos or videos under a person’s clothing, typically in public. It often occurs on public transport, at festivals, or in crowded spaces. While commonly linked to skirts or dresses, this law applies equally to men and women wearing shorts, kilts, or trousers. This offence is triable either way.

Breastfeeding
The law has been expanded to criminalise taking non-consensual images of breastfeeding. This is covered by amendments to Section 67A of the Sexual Offences Act 2003 and the Voyeurism Offences Act 2019.

Down-Blousing
‘Down-blousing’ refers to recording images down a woman’s top without consent. While no specific offence exists yet, this conduct may still fall under current law and is being reviewed by the Law Commission.

Online grooming

Sexual abuse of children can take various forms. The term ‘child grooming’ refers to situations where an individual or group develops a relationship with a child to manipulate, exploit, or abuse them. Online grooming happens when an adult contacts a child under the age of 16 through the internet with the intention of engaging in sexual activity or arranging for someone else to do so.

Examples of online grooming include:

• Having sexual conversations via text or online
• Sending nude photos of oneself (sometimes known as sexting)
• Sharing sexual videos of oneself
• Performing sexual acts on webcam, either recorded or live
• Meeting in person following online communication

Online grooming may involve building an emotional connection for sexual purposes, often resulting in requests for inappropriate images or attempts to meet the child face-to-face.

Indecent Images

The word ‘indecent’ is not defined in legislation. An indecent image refers to an image of a child (under 18) which is sexual in nature and may include images of nude or partially clothed children, or children posing in a sexual manner. Indecent images can also involve animals. While indecent photographs can be in physical or digital possession, they are often accessed online. Law enforcement teams and specialist police units are internationally using technology to identify people who are making, distributing and accessing indecent images of children on the internet.

As stated in the Criminal Justice Act 1988, the law relating to indecent images is as follows:

‘The taking, making, sharing and possessing indecent images and pseudo-photographs of people under 18 is illegal.’

Indecent images offences can be extremely serious. Even if you’ve accidentally accessed indecent images of children, you may still be guilty of an indecent images offence, so we are here to offer support and advice at what is a stressful time. Old Bailey Solicitors is a team of expert defence solicitors specialising in possession of indecent images and distributing indecent images, and indecent images offences overall.

Domestic Violence

Domestic violence is a legal term that covers a range of offences, such as assault, criminal damage, and any form of threatening behaviour, abuse, or violence between adults who are or have been intimate partners or family members.

The official government definition describes domestic violence and abuse as:

“Any incident or pattern of incidents involving controlling, coercive, threatening behaviour, violence, or abuse between individuals aged 16 or over who are, or have been, intimate partners or family members, regardless of gender or sexuality.”

Domestic violence goes beyond physical harm, such as common assault, actual bodily harm (ABH), or grievous bodily harm (GBH). It also includes:

• Controlling behaviour, including financial abuse
• Threats of violence
• Sexual abuse and assault
• Emotional or psychological abuse
• Harassment and stalking
• Forced marriage
• Female genital mutilation (FGM)
• Honour-based abuse

Sentencing for Domestic Violence
Each case is assessed individually, taking into account the nature of the offence, including both physical and emotional aspects. Factors such as previous convictions and the impact on children are also considered, along with the relationship’s history.

Other considerations may include:

• Mental health conditions
• Alcohol or drug use
• Use of prescription medication

The severity of the offence, rather than the victim’s wishes, determines the maximum sentence.

Actual Bodily Harm (ABH) and Grievous Bodily Harm (GBH)

Actual Bodily Harm (ABH) occurs when someone makes physical contact with another person (common assault) that results in injury. ABH injuries may include cuts, grazes, bruises, or swelling. While these injuries can be painful and distressing, they are generally less severe than those linked to Grievous Bodily Harm (GBH) and rarely cause long-term damage or impairment.

Grievous Bodily Harm (GBH) is a more serious offence defined under Sections 18 and 20 of the Offences Against the Person Act 1861. GBH involves significant injuries such as heavy blood loss, broken bones, unlawful wounding, or harm that results in permanent disability or disfigurement. Due to the serious and lasting impact on victims, GBH cases are treated more severely in the legal system.

Both ABH and GBH can occur in various contexts, including domestic abuse, disputes, or incidents where prior threats have escalated. Expert legal advice is crucial in these situations to navigate the complexities of each case.

Sentencing and Legal Consequences:

• ABH carries a maximum sentence of five years’ imprisonment.
• GBH under Section 20 carries a maximum sentence of five years’ imprisonment.
• GBH under Section 18, considered the most serious form, carries a maximum sentence of life imprisonment.

Given the serious consequences of both ABH and GBH convictions, seeking specialist legal advice is essential to ensure the best possible outcome in legal proceedings.

Affray

Affray is a public order offence defined under Section 3 of the Public Order Act 1986. It occurs when a person uses or threatens unlawful violence toward another, and their actions would cause a reasonable person present at the scene to fear for their safety.

In simpler terms, affray involves violent or threatening behaviour in a public place that alarms or intimidates others. This can include physical fights, displaying weapons, or making verbal threats. Unlike some violent offences, affray typically happens in public rather than private settings.

Affray often occurs in situations involving alcohol-fuelled aggression, particularly in bars, clubs, or pubs. It may involve serious violence and multiple participants. If two or more individuals act violently toward a third person, their combined behaviour is considered when assessing the offence.

Affray charges can also arise in scenarios such as football crowd disturbances, where rival supporters create a threatening atmosphere that puts public safety at risk.

Assault by Beating

Assault by beating is an offence against the person, stemming from common assault as outlined in Section 39 of the Criminal Justice Act 1988. An assault occurs when someone causes another person to fear or experience immediate unlawful violence.

Assault by beating specifically refers to cases where this assault involves physical contact — meaning the offender applied unlawful force to the victim. Importantly, the victim does not need to sustain physical injuries, serious harm, or psychiatric damage for the offence to qualify as assault by beating.

Examples include:

• Slapping someone in the face
• Pushing someone to the ground
• Shoving someone through a door

To secure a conviction for assault by beating, the prosecution must prove three key elements:

1. The offender’s actions caused the victim to suffer or fear immediate unlawful violence, or the offender physically struck, touched, or applied force to the victim.
2. The victim did not consent to the behaviour.
3. The offender acted intentionally or recklessly.

Common Assault/Battery

Common assault refers to the threat or use of unlawful force against another person. Notably, causing someone to fear immediate violence — even without physical contact — is considered assault in itself.

There are two types of common assault:

• Common Assault by Battery — where unlawful force is physically applied.
• Common Assault by Threat — where no physical contact occurs, but the victim fears immediate violence.

Although common assault is classified as the least severe form of violent offence, it can still result in criminal charges, even when no physical injury occurs.

A conviction for common assault can have serious consequences, including a criminal record and a maximum sentence of 6 months in prison. Given these potential outcomes, seeking expert legal advice is crucial.

Each case is unique, whether involving claims of self-defence, domestic violence allegations, or accusations that may be unfounded. Experienced legal support can help ensure your rights are protected and the best possible outcome is achieved.

Fraud and Financial Crime

Handling complex fraud cases requires a strategic and methodical approach. The vast amount of evidence involved demands careful analysis to pinpoint key issues and present them clearly to a jury.

We adopt a collaborative approach, encouraging your involvement throughout the process. Our focus is on challenging the prosecution’s case while building a strong defence for you.

You will receive a detailed case plan that evolves as your case progresses, ensuring you are informed about ongoing tasks and timelines. Regular meetings will be scheduled to discuss developments and review strategies with your criminal defence lawyer. With offices in London, Sussex, and Surrey, we can arrange these meetings at a time and place that suits you.

Our specialist areas include:

• Corporate fraud
• Unexplained Wealth Orders
• Tax evasion
• Missing Trader Intra-Community (MTIC) fraud
• Fraudulent trading
• Securities fraud (insider trading)
• Insurance fraud
• Benefit fraud
• Money laundering
• Theft
• Employee theft
• Possession and use of counterfeit currency
• Bribery
• Corporate manslaughter
• Confiscation proceedings
• Restraint Orders
• Criminal investigations by the Insolvency Service

Our dedicated team is committed to providing clear guidance and robust representation to help you achieve the best possible outcome.

Tax and HMRC Investigations

If HMRC suspects tax evasion or underpayment, they may launch an investigation. While their inquiry may initially focus on the company, it can also extend to directors, officers, or individuals with significant responsibility if HMRC seeks to impose personal liability.

If you or your company is facing a civil or criminal HMRC investigation, our experienced team can provide the support you need.

Our Services Include:

• Representation at First Tier and Upper Tax Tribunals
• Assistance with Director’s Disqualification proceedings
• Support in Excise Cases
• Guidance through Condemnation Proceedings
• Expertise in Code of Practice 8 (COP 8) and Contractual Disclosure Facilities
• Advice on Code of Practice 9 (COP 9) procedures
• Defence in cases involving the Criminal Finances Act and allegations of failing to prevent tax evasion

Our team is equipped to provide clear advice and robust representation to help protect your interests throughout the investigation process.

Drug Offences

Drug offences are typically categorized into the following key areas:

Possession of Drugs

Possession of a controlled substance occurs when someone unlawfully has physical possession or control of a drug specified in the Misuse of Drugs Act. These substances are listed under Schedule 2 of the Act. To be charged, you must be aware that you are in possession of the drug. However, you can still be prosecuted even if the drugs are held by someone else or are not directly under your control.

Supply of Drugs

Supplying controlled drugs — transferring them from one person to another — is a criminal offence. Financial gain is not required for a supply charge; simply passing drugs to another person is enough for prosecution.

Possession with Intent to Supply

This offence occurs when someone has a controlled substance in their possession, whether legally or not, with the intention of supplying it to another person who is not legally entitled to have it. While the quantity of drugs found can indicate intent to supply, other evidence such as packaging, scales, or communication records may also be considered.

Importation

Drug importation is illegal under the Misuse of Drugs Act 1971 and the Customs and Excise Management Act 1979. Importing or exporting controlled substances is prohibited unless authorized by a license issued by the Secretary of State.

Drug Production

This offence applies when someone is involved in the production process of a controlled drug through manufacturing, cultivation, or other means. Evidence linking the individual to the production process is required for prosecution.

Psychoactive Substances Act 2016

Under this Act, it is illegal to produce, supply, offer to supply, possess with intent to supply, import, or export psychoactive substances. Possession of these substances within a custodial institution is also an offence.

Medicines and Healthcare Products Regulatory Agency (MHRA) Offences

If you are facing an investigation or prosecution by the MHRA for an alleged breach of medicine or medical device regulations, our team can assist. We have extensive experience representing clients in interviews under caution and in court. Additionally, we provide guidance and representation at MHRA and GhPC Fitness to Practice and Impairment hearings.

Our regulatory team supports various professionals, including:

• Independent Pharmacists
• Pharmacy Managers
• Pharmacy Technicians
• Superintendents
• Individuals supplying regulated medications like Viagra, steroids, or slimming drugs online without certification
• We also offer legal representation to commercial firms whose legal teams may lack the required expertise for MHRA cases.

The Medicines Act 1968 covers various offences such as the sale of unlicensed medicines or the distribution of licensed products by unauthorised sellers. Convictions can lead to fines and up to two years in prison. However, not all regulatory breaches result in prosecution. As experienced criminal defence lawyers, we aim to engage with MHRA investigators early to explore alternatives like fitness to practise hearings instead of criminal charges.

Motoring Offences

Certain driving offences, such as drink driving or driving while disqualified, can result in a prison sentence. In some cases, particularly serious offences may only be handled in the Crown Court before a judge and jury. If you have been charged with a driving offence, we strongly advise you to seek immediate legal support from our experienced criminal defence solicitors.

How We Can Help:

• Drink driving
• Driving under the influence of drugs
• Driving while disqualified
• Driving without insurance
• Careless driving
• Dangerous driving
• Causing death by dangerous driving
• Failing to stop, report an accident, or identify the driver
• Speeding offences
• Exceptional hardship cases
• Special reasons hearings

Our dedicated team is here to provide expert guidance and representation to help achieve the best outcome for your case.

Health & Safety Offences

If the Health and Safety Executive (HSE) suspects your business has breached health and safety laws, they have the authority to investigate and interview business owners, directors, and relevant officers. The importance of this investigation stage should not be overlooked, as your actions during this period can heavily influence the outcome — potentially determining whether charges are brought forward or not.

With 20 years of experience supporting clients in criminal and regulatory investigations, we understand both the legal framework and the strategies needed when cooperating with such inquiries. Since your business’s reputation is often at risk in these cases, it’s crucial to seek expert advice early on. Engaging with our Health and Safety Team at the outset can significantly improve your chances of achieving a positive outcome.

The 2016 Sentencing Guidelines heightened the potential consequences for those found guilty of health and safety breaches. Companies may face substantial financial penalties, which could threaten their survival, while individuals risk serious custodial sentences. Given these risks, obtaining specialist legal advice as early as possible — before accepting any liability — is essential.