Frequently Asked Questions About Criminal Law

Once arrested, you will be taken to a custody centre where you will be ‘booked in’ by a Custody Sergeant or by one of their custody assistants.

Read More – What happens if I’m arrested by the police?

Having a solicitor prior to a police interview means that they can gather as much information about the investigation as possible from you in private before you go into questioning. The solicitor can then figure out what is alleged and the best way to approach it.

There are a number of reasons why a suspect might legitimately maintain their right to silence in interview, even where they are not guilty of the offence in question.  Here are some examples:

Read More – Does going “No Comment” make me look guilty?

Some people may make matters worse for themselves by answering questions. In many cases it will be more appropriate for a person to answer “no comment” in a police interview.

One of the most serious offences that can come before a court is ‘perverting the course of justice’, this is because it strikes at the very heart of the justice system.

If you have been arrested on suspicion of committing a criminal offence, the police may place you on bail while they continue with their investigation.

Being released under further investigation means exactly what it says on the tin: You have been released from the police station while the police continue to investigate.

A ‘Defence Statement’ is a document which sets out the general nature of the defence to be put forward at trial and the issues which are in dispute and why. It is compulsory to serve a Defence Statement in contested Crown Court cases although it is voluntary in the Magistrates’ Court.

All criminal cases start off in the Magistrates’ Court.  Very serious cases, such as murder or robbery, can only be dealt with in the Crown Court.  Those offences are called ‘Indictable Only’ offences and there is a separate fact sheet to explain them.

At Old Bailey Solicitors we recognise that representing young defendants is a specialism, requiring particular skills and attributes. We also recognise the absolute necessity of representing young people carefully and pro-actively, to get the best possible outcome for them at this important and difficult time in their lives.

Though the prosecutor decides whether to drop charges, a victim or key witness can have a significant impact on the case. If you say you aren’t interested in sending the case to trial, there’s a good change the prosecutor will drop the case.

How to represent yourself in the Magistrates’ Court

If the jury reaches a unanimous verdict the issue is settled, but if not, and the time is appropriate for a majority verdict, a majority may be acceptable.

What will happen if I’m convicted of a sexual offence?

The sentencing process is the beginning of the end for many defendants; they can receive and accept their punishment and prepare to move on with their lives.

But for some, the anguish is not over as an appeal may be looming.

Interview Under Caution If the police, or some other investigatory body (eg the DWP, Health and Safety Executive, Border Force etc), suspect that you have committed a criminal offence it is likely that they will want to conduct an interview with you.

In this article, we consider appeals against sentence from the Crown Court to the Court of Appeal. The appeal process can be complicated depending on the individual case, but here we outline the basics.

Many people convicted before magistrates feel aggrieved at the outcome, and wish to consider an appeal.

A grievance may arise because they think that their case was not prepared correctly, or that the court reached the wrong result.

The sentencing process is the beginning of the end for many defendants; they can receive and accept their punishment and prepare to move on with their lives.

But for some, the anguish is not over as an appeal may be looming.

A great many people are subject to restraining orders made under the Protection From Harassment Act 1997.

The orders are designed to protect people from harassment and are commonly made in so-called ‘domestic violence’ cases.

Therefore, if your circumstances have changed since being disqualified, it is worth discussing with one of our criminal law specialists whether or not you can take advantage of this legal provision.

In our experience, people tend not to factor in the possibility of a criminal prosecution as an element of their financial planning. Having to defend yourself against the State, during the course of a police or HMRC investigation, followed by lengthy court proceedings, rarely appears in the “anticipated costs” column of any years’ household budget.

Read More – How will my defence case be funded?

At Old Bailey Solicitors we pride ourselves on our approach to client care and the highest standards of advocacy. That means that whether you are a private client, or legally aided, you can be assured of the same high standards of legal advice. So why pay privately, and what can you expect to gain as a private client from our services?

You might suggest that it relates to the percentage of trials that we win. In criminal law, that would mean the number of trials which result in an acquittal. But would that only include complete acquittals or would it include cases where our client is acquitted of the most serious charges but convicted of a less serious charge?

Lawyer, solicitor, barrister, brief, counsel, advocate – these are all terms used to describe members of the legal profession who represent clients in court. Solicitors and Barristers are all “Lawyers” in the same way that your GP and a surgeon are both “Doctors”. So what really is the difference between them?

So starts almost all of my encounters with people I’m introduced to at social occasions or networking events. Even if it’s not the first question, you can be sure we’ll get round to it within the first five minutes.

Yes. Health and Safety law gives rise to both civil and criminal liabilities.

Broadly speaking, civil liabilities include claims being brought by an injured person (or their estate or dependents) in negligence, vicarious liability or occupiers’ liability. Usually, the consequence will be corporate liability for monetary compensation, for which insurance is available.

Read More – Is it a criminal offence to breach Health & Safety law?

County Lines is a term used to describe a situation where a vulnerable child or young person is being trafficked for criminal exploitation. The term, quite properly, covers a broad range of scenarios. However, as a criminal defence practitioner, the situation I most commonly encounter involves criminal gangs coercing and grooming children into drug dealing on their behalf. The children are commonly referred to by the adult gang members as ‘runners’ or ‘street dealers’.

Read More – County Lines – What are they and why do I need to know about them? 

If you were able to listen in to a conference between client and solicitor, you might hear an exchange a little like this one:

Read More – Confiscation – The Hidden Sentence

Domestic Violence Protection Notices (DVPNs) are commonly issued by police when attending incidents of alleged domestic violence.

Invariably, whatever the rights and wrongs of a situation, and frequently it is quite impossible for this to be correctly judged, the male is the recipient of a DVPN.

Read More – Domestic Violence Protection Notices and Orders

At Old Bailey Solicitors, we offer fixed fees for work. 

For a meeting with one of our solicitors, we charge a fixed fee of £350+VAT and for representation at a routine first hearing at the Magistrates Court we charge a fixed fee of £750+VAT.

However, in many scenarios, it is not always possible to provide an exact quote until we have been given more information about your case.  The amount of work can vary significantly from case to case.

Please note that all of our fees are payable in advance and are non-refundable once work has commenced. We will provide you with a copy of our terms of business before taking payment.

If you have questions about fees for your case, please call 0207 8464 999 and ask to speak to our New Enquiries Manager.

The type of preparation required for your criminal defence case depends on which court is hearing your case and whether or not you have pleaded guilty or not guilty.

If you have pleaded not guilty, it will be necessary to prepare for a trial. In both courts, this will involve meeting with a solicitor to take your instructions and gathering any necessary evidence or reports.

In the crown court, this can also involve the preparation of a defence statement and the requesting of further disclosure.

If you have pleaded guilty, preparation will be based on gathering information and evidence in relation to mitigation, preparation for a Probation pre-sentence report or obtaining medical notes.

For help preparing your case, contact 0207 8464 999 to speak to an expert at Old Bailey Solicitors.

No matter what stage your case is at, Old Bailey Solicitors understands that criminal proceedings and investigations can be complicated and daunting. At Old Bailey Solicitors we can assist with your case from the investigation stage at the police station to sentencing at the crown court. If you are under investigation or charged with an offence, it is important to obtain legal representation as soon as possible. If you have an ongoing criminal defence case, you are welcome to contact Old Bailey Solicitors on 0207 8464 999 or at [email protected].

If you’ve been charged with an offence and been provided with a court date, Old Bailey Solicitors can still help you with the next stages of your case. Whether you require representation at the first hearing at the Magistrates Court, or need assistance with a trial, Old Bailey Solicitors have an experienced team of legal representatives who can help you with your case. Old Bailey Solicitors can offer fixed private fees for trial or (if you are eligible) we can apply for legal aid on your behalf.

If you have been charged with an offence, you are welcome to contact Old Bailey Solicitors on 0207 8464 999 or at [email protected] to discuss how we can assist.

Relevant factors may include the specialism of the solicitor, the availability of the representative and location of the firm.  The level of client care and attention that will be paid to your case is also an important consideration.  

Here at Old Bailey Solicitors, we have a number of experienced solicitors who specialise in a variety of areas of criminal law, from violent crime to financial crime and sexual allegations. 

The availability and location of the legal representative is also an important factor to take into consideration. While Old Bailey Solicitors will offer the same diligent and professional service whether funded privately or via legal aid, private fees are often charged in order to better guarantee the continuity of your representative or barrister.

Contact Old Bailey Solicitors on 0207 8464 999 or at [email protected] to find out whether we can assist you.

If you are facing a police investigation regarding the possession of indecent images – here are 10 things you need to know

Read More – Indecent images – 10 things you should know!

Absolutely. You can contest the making of the order. You can oppose the prohibitive restrictions sought by the Police. If contested, a full hearing of the case will take place in the future to allow both sides to properly prepare.

Read More – Can I contest a Sexual Risk Order?

Yes you can. An adult can apply after 15 years and a juvenile after eight years. However, if you are also subject to a Sexual Offences Prevention Order, that must be removed before an application can be made in respect to notification requirements, we can of course assist you with this.

Read More – Can I apply to be removed from the Sex Offenders’ Register?

If you are convicted of a sexual offence, there are a number of potential consequences that we would seek to bring to your attention at an early stage in your case.

Read More – What Will Happen If I’m Convicted of a Sexual Offence?

Yes, a criminal defence solicitor can help if you have been falsely accused of a sexual offence. Here at Old Bailey Solicitors, we have a legal team who specialise in these types of cases and who will be able to assist with your case, whether it is at the police station phase or if you have been charged with an offence. Sexual allegations are generally very serious and we, at Old Bailey Solicitors understand that these cases can be extremely stressful. If you have been accused of a sexual offence contact Old Bailey Solicitors on 0207 8464 999 as soon as possible to obtain the best legal representation for your case.

Yes, it is still possible to be charged with a sexual offence even if there is very little evidence. It can often be possible in sexual offence cases that there is limited evidence, especially if they have been reported sometime after the alleged commission of the offence. However, in these cases, it is still possible for someone to be charged with an offence if the complainant is willing to provide a supporting statement. Cases of this nature can often amount to one word against another.  It is therefore important to ensure you have the correct legal representation in place if you have been accused of a sexual offence even if the evidence seems minimal. If you have been charged or accused of a sexual offence, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected] to obtain representation on your case.

Being accused of a sexual offence can be incredibly stressful, not least because investigations and proceedings can take place over a significant period. Decisions made in the very early stages of your case can have a significant impact on the eventual outcome.  For example, deciding whether or not to provide samples or to answer police questions during interview. It is therefore important that you seek the assistance of a sexual defence lawyer as soon as possible. Even if you have had an initial interview at the police station, it can be helpful to seek specialist legal representation for any further interview or if a charge is likely to be brought against you. If you have been accused or charged with a sexual offence, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

In the UK, GBH means that an assault has caused serious physical (or in some rare cases, serious psychiatric) harm, although it is not necessary for this harm to be permanent. For example, a broken bone can amount to GBH, whether or not it is an injury that will fully heal in time. Factors such as whether medical treatment is significant or sustained is likely to be taken into consideration when considering whether an assault amounts to an ABH or GBH. 

GBH is a serious offence in the UK and an offence under s18 of the Offences Against the Person Act 1861 carries a sentence range between 2 years’ and 16 years’ in custody. It is therefore crucial that you obtain the correct legal representation for your case. If you have been accused of GBH, make sure to contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

Yes, self-defence can be used as a defence in GBH cases, as long as it can be proved that you had an honest belief in the threat or circumstances which caused you to act and that the force you used was reasonable and proportionate in relation to these circumstances. The defence of self-defence is for the Defendant to raise, but it is for the prosecution to prove beyond a reasonable doubt that this was not the case. If you believe that you have the defence of self-defence, it is important to instruct the right legal representation for your case to successfully advance your defence. If you have been accused of GBH, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

Yes, in some cases it is possible for GBH charges to either be reduced to a lesser offence or dismissed altogether. For instance, in cases where the harm caused is unclear, it is sometimes possible for the offence to be reduced to an ABH (Actual Bodily Harm). It is also possible for GBH charges to be reduced from a s18 offence (GBH with intent to cause serious injury) to a s20 offence (causing GBH without intent). To obtain advice on whether or not your case stands a chance of being dismissed or to negotiate a lesser offence, you must discuss your case with a criminal defence solicitor and obtain the correct representation. If you have been accused of GBH, make sure to contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

GBH is one of the most serious offences and as such can carry significant sentences. In the case of a s18 GBH offence, sentences can range between 2 years and 16 years. For the reduced offence of GBH without intent, a s20 offence sentence can range between a medium-level community order and a 4 years 6 month custodial sentence. It is important to obtain the correct legal representation in order to be able to effectively put forward any available mitigation you might have to ensure you get the best sentence possible. If you have been accused or convicted of GBH, contact Old Bailey Solicitors on 0207 84646 999 or at [email protected]

When considering the severity of a GBH offence, the Court will take into account a number of factors. Perhaps the most significant factor will be whether or not it is found that you caused the grievous bodily harm with intent or not. This issue of ‘intent’ is the factor which will result in the differentiation between a s20 GBH, which is an either-way offence carrying a maximum sentence of 5 years’ imprisonment and a s18 GBH, which is an indictable only offence carrying a maximum sentence of life imprisonment.

Other factors which are likely to be considered when determining the severity of a GBH offence include the level of planning of the offence, whether or not a weapon was used and the vulnerability of the victim.

Whether charged as a s18 or a s20 offence, GBH is a serious crime and you must instruct the right legal defence team to help you defend your case. If you are charged with a GBH offence, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

To have committed the offence of affray, it must be proved that an individual used or threatened unlawful violence toward another and that this conduct would cause a person of reasonable firmness (had such an individual present at the scene) to fear for their own personal safety. For the offence of affray, this violence cannot be solely towards property. However, the term ‘unlawful violence’ is not restricted simply to causing or intending to cause injury.  It can include any form of violent conduct, such as throwing an object, which is capable of causing injury, but which does not actually hit an individual.

Affray carries a maximum sentence of 3 years’ imprisonment. It is therefore essential that you ensure you obtain the correct legal representation for your case. If you are accused of the offence of affray contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

In simple terms, affray refers to a disturbance involving violence or threats of violence which would cause a person of reasonable firmness to fear for their safety. Examples of affray may be a public fight, threatening to attack someone or participating in a violent demonstration. Some of the potential issues which might give rise to an affray charge are: whether or not a weapon was used, the number of individuals present during the incident and any evidence of the intentions behind the actions.

To discuss the evidence in your case, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

Affray can be a serious offence which can carry a maximum sentence of 3 years’ imprisonment. It is therefore crucial that you obtain the correct legal representation as soon as possible. If you are accused of affray, it is highly likely that you will be interviewed by police in relation to the allegation. It is highly advisable to exercise your right to a legal representative during any police interview. Old Bailey Solicitors can provide a number of highly skilled police station representatives who are available to assist your case at the police station 24/7.

To discuss your case, or to arrange for legal representation at the police station, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

It is common, especially in domestic cases, for a complainant who initially reported an allegation to change their mind and no longer wish to support the police case. This might happen at any stage of a case. It is sometimes the case, that the complainant makes an initial report but never provides the police with a formal statement.  In other cases, a complainant may have provided a statement but will then decide to retract their evidence and to withdraw their support for a prosecution.  While the lack of a supporting complainant may act to significantly weaken the prosecution case, it does not mean that the case will automatically be dropped. Once a complaint has been made, the police are duty-bound to investigate the case, whether the complainant continues to support the action or not. Furthermore, if the case goes to court and the complainant then wishes to withdraw their support at this stage, it may be possible for the Crown Prosecution Service to serve the complainant with a witness summons, which will compel them to attend court.

Therefore, even if the complainant is no longer supporting the case against you, it is still important to ensure you have legal representation for your case. If you require legal representation, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

Non-contact conditions are usually put in place to safeguard complainants and prevent any interference with witnesses. However, while conditions are put in place for these reasons, this does not necessarily stop the complainant from contacting you. As frustrating as this is, the onus to abide by bail conditions is on you and you will be liable to further arrest if you are found to be breaching any of these conditions. It is therefore important to ensure that you ignore any contact made by your partner by, for example, ignoring messages, hanging up phone calls or walking the other way if you see them in a public place. If the contact becomes excessive, it may be advisable to gather evidence of this contact and to raise this with the police.

If you have any concerns about your current bail conditions or contact from a complainant, please contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]

Stalking is an offence under the Protection from Harassment Act 1997. Stalking is often misunderstood to exclusively refer to physical stalking, such as turning up to someone’s address or following them in the street. Whilst these can be examples of stalking, less obvious acts such as continuously messaging someone against their wishes, sending them presents or monitoring their online use can all amount to stalking.  In short, any act of unwanted contact can amount to stalking if it can be proven that the actions amount to a ‘course of conduct’ (which can involve as few as two separate incidents).  

If you have been accused of stalking, it is important to obtain legal representation as soon as possible. To discuss your case, contact Old Bailey Solicitors on 0207 8464 999 or at [email protected]