FREELANCE SOLICITOR | PREMIER DEFENCE

A voluntary interview takes place when a police officer invites a suspect to a police station in order to interview them in relation to an alleged offence. Suspects do not have to attend the interview but there is a risk of being arrested if they do not attend without good reason. In the same way as when someone is arrested and interviewed, voluntary interviews can be used as evidence in court. It is important that anyone who is interviewed as a volunteer obtains legal representation, regardless of the seriousness of the allegation.

When someone is arrested usually they are informed by a police officer that they are under arrested and cautioned. Following being cautioned, what they say to the police can be used in evidence against them. Suspects should be wary of this if they are unfortunate enough to be arrested. Following arrest, suspects are usually taken to the nearest police station with a custody suite. There they will be placed in front of the custody sergeant who will determine if he can authorise the detention of the suspect. If he authorises their detention, the police have 24hrs within which to investigate and interview the suspect. Following this they must either charge or release. In certain circumstances a suspect’s detention can be authorised for an additional 12hrs taking the total amount of time a suspect can be detained by the police without charge to 36hrs without applying to a court for a warrant of further detention.

The purpose of a police interview is to obtain evidence by questioning. If a suspect has instructed a solicitor, the solicitor will normally obtain disclosure from the police prior to consulting with the suspect. Disclosure may be a few sentences briefly explaining the circumstances of the offence or it could be a full disclosure of the entire police case and all the evidence. It is your solicitor’s role to obtain as much information from the police. Once disclosure is completed then the solicitor will sit down with the suspect, listen to any account they wish to provide and advise them on the law and the correct interview strategy. Following this the solicitor will sit in the interview. It is not the solicitor’s role to answer questions for the suspect but they can intervene during the interview under certain circumstances.

In most cases, when the suspect is arrested or charged with an offence the police have the power to take non intimate samples from a suspect. They can do this with or without the suspects consent, meaning they can in theory take these samples by force. Non intimate samples include but not exclusively fingerprints, DNA, footwear impressions and skin swabs. Intimate samples include blood and any sample taken from the genitals or orifice other than the mouth. The police require the consent of the suspect in order to take intimate samples and they cannot use any force to take these samples. If a suspect refuses to provide an intimate sample and ends up in court in relation to the alleged offence, the court will be allowed to draw its own conclusions on why the defendant refused to provide a sample. Samples should be deleted if a suspect is not charged or cautioned for the offence or cleared of the offence at court. Sohail can assist clients with having records deleted from the police database.

Many things can happen after a police interview. The worst case scenario for a suspect who has been arrested is that they can be charged and held in police custody to appear before the next available court. A suspect may be released on bail to re-attend the police station or released under investigation. The best outcome for a suspect who has been arrested is that they are released with a notice of no further action, meaning that the police do not intend to prosecute or investigate any further unless more evidence comes to light. Those interviewed on a voluntary basis will simply leave the police station after their interview and await a decision from the police or CPS.

Suspects can be released on bail for a maximum period of 28 days, but this can be extended for up to 3 months with the approval of a senior police officer. If police seek to extend bail beyond 3 months they must apply to the local Magistrates Court. Sohail may be able to assist by making written representations opposing extension of bail at your request. An oral hearing will not take place unless the police seek to extend bail beyond 12 months. Sohail may be able to assist with opposing a bail extension at an oral hearing at his clients request. Should an application to extend bail be unsuccessful you will be released from bail and any re-bail dates or bail conditions will no longer apply.

Any person detained at the police station or being interviewed by the under caution is entitled to free and independent legal advice. However, Sohail deals with representation at the police station on a private retainer basis only. Sohail operates a 24hr, 7 day service providing advice to any person held in police custody or being interviewed by a person with the power of arrest. Should you ever find yourself to be in this position please do not hesitate to request Sohail's services, where you can be assured of his prompt attention regardless of the time of day or night.

The IDPC (Initial Details of the Prosecution Case) is the bundle of evidence which is served upon the defence electronically prior to a client’s first appearance at the Magistrates’ Court. It usually contains the details of the charge, a summary of the Crown’s case – including what was said by the defendant during his police station interview – and a record of the defendant’s previous conviction(s). It may also contain other evidence, such as the statements of witnesses or exhibits sought to be relied upon.

Less serious offences, known as summary only offences, can only be dealt with in the Magistrates’ Court. At a first appearance for offences of this type, the defendant is asked to enter their plea. If the matter is admitted then the Court will move to sentence and would ordinarily try and conclude the case that day. If it is denied, then the case will be adjourned for a trial date. In the Magistrates’ Court trials are normally listed around two to three months after the first appearance, depending upon the Court’s availability. More serious offences are known as ‘either way’ offences. This means that they can be heard in the Magistrates’ Court or the Crown Court. When a defendant makes a first appearance in respect of such offences they will be asked to indicate a plea. If they plead guilty then the Court will consider whether their sentencing powers are sufficient. In doing so they will look at the circumstances of the offence itself and whether the defendant has any previous convictions. If the Magistrates’ Court is able to deal with the case, they, again, will try and conclude the matter on the day. If, however, they feel that their sentencing powers are insufficient, they will commit the case to the Crown Court for sentence, normally four weeks later. If a defendant pleads not guilty or decides to give no indication as regards their plea, the Magistrates’ must then hear the details of the case and decide whether the matter should be tried there or in the Crown Court. Again, they will look at the circumstances of the offence, the defendant’s previous character, and whether the issues for trial are particularly complex. If the matter is suitable to be dealt with in the Magistrates’ Court then the defendant will be given the opportunity to ask for a Crown Court trial (a trial by jury) rather than consent to have their case heard summarily. This is something that Sohail discuss with his clients in detail beforehand. Even if a trial is dealt with in the Magistrates’ Court, if a defendant is convicted he or she could have their case committed to the Crown Court for sentence. If the Court decides that the case is too serious to be dealt with in the Magistrates’ Court then they will send the case to the Crown Court for trial. In cases such as this the matter is sent for a Pre-Trial and Preparation Hearing on the Crown Court four weeks after the first appearance. The most serious type of offences are known as ‘indictable only’ offences. This means that they can only he heard in the Crown Court and will be sent for a Pre-Trial and Preparation Hearing ordinarily four weeks after the first appearance. Whilst the Court will not formally ask the defendant for a plea in these matters, a form is completed which is sent to the Crown Court which should identify the likely issues in the case. Regardless of the type of offence that is before the Court, the first appearance at the Magistrates’ Court is the defendant’s first opportunity to indicate a guilty plea. A defendant is only guaranteed to receive maximum credit for a guilty plea if they indicate their intentions to do so at this stage.

When a defendant pleads not guilty in the Magistrates’ Court, a Case Management Hearing is undertaken at the first appearance, during which the issues for trial are identified, as are the witnesses that are required to attend. This includes any defence witnesses and therefore it is crucial that Sohail is able to take full instructions prior to the case being heard. Sohail would then be allocated to the case and would conduct all preparation required. This would include seeing the client prior to the trial date, taking full instructions from them, speaking to witnesses, and considering all of the evidence put forward by the Crown. During the trial the Prosecution witnesses would give evidence and Sohail will have the opportunity to cross examine them and put the defence case across. The defendant would then give evidence, as would any witnesses in support of their defence, and the Crown would have the opportunity to cross examine them. After all of the evidence has been heard both the Crown and the defence would ordinarily make closing speeches before the Magistrates’ retire to make their decision. If a defendant fails to attend for his or her trial then the Court can hear it in their absence. This would mean that they lose their opportunity to put their defence forwards.

A defendant can plead guilty on a different version of events to that put forward by the Crown. This would involve them drafting a written Basis of Plea. The Crown would then consider whether they would be willing to accept this account of what happened. If they refuse to agree the Basis the Court must then consider whether the difference in accounts between the Crown’s case and the defendant’s version would make a material difference to sentence. If the Court does not feel that it would, then it will proceed to sentence on the defendant’s Basis of Plea. If the Court feels that there would be a material difference to sentence, then they will ask the matter to be adjourned for a Newton Hearing. This is essentially a trial of issue, in which the Court is being asked to determine which version of events they accept. As with ordinary trials, the Crown must prove their case beyond reasonable doubt.

When a defendant pleads guilty and the matter is suitable to be resolved in the Magistrates’ Court, the Court must hear the full facts of the case and decide where it falls on the sentencing guidelines. If the offence, coupled with the mitigation put forwards, is viewed less seriously, it could be resolved immediately by way of a financial penalty or a conditional discharge. If, however, the Court feels that the community or custody threshold has been passed, then they are likely to stand the case down for a Pre-Sentence Report. In order to prepare the same, an officer of the Probation Service will interview the defendant, discussing the offence and his or her personal circumstances. They will also consider why the offence took place, and whether there are any underlying issues that resulted in the offending behaviour. Probation’s role is to come up with sentencing options for the Court which ordinarily do not involve a custodial sentence. A Community Order must include an element of punishment (the punitive element), namely a fine, unpaid work or a curfew. Often a rehabilitative element will also be suggested. Conditions that are proposed by Probation can be attached to a Suspended Sentence Order if the Court feels that the custodial threshold has been passed. In the Magistrates’ Court the Court can only impose a maximum of 12 months custody for one offence (to be reduced to six months from 1st April 2023), and a maximum of 12 months custody where there are two or more either way offences before them. The Court must also impose a victim surcharge (a mandatory tax which is imposed by the government regardless of what the offence is) and will consider imposing Prosecution costs and compensation if requested. The Court may also be asked to consider ancillary orders, such as a Restraining Order or a Criminal Behaviour Order. It can often assist the Court if references are obtained prior to a sentencing hearing. Ideally these will be from professional people, who are able to put something in writing detailing how they know the defendant, their views on his or her character and their response to the offences being dealt with. Sohail is always happy to discuss what steps can and should be undertaken to get the best possible outcome.

If your case is before the crown court then you will also have an advocate to represent you. An advocate will represent you at the crown court each time you attend there. Sohail's job is to prepare the case for the advocate on your behalf. His attendance with the advocate will not always be necessary. Sohail will of course attend when it is necessary to do so.

Bad character evidence is a complicated area of law. It relates to evidence of, or a disposition towards ‘misconduct’ on the part of the defendant other than that which is part of the facts of the offence or which relates to the investigation of the prosecution of the offence the defendant faces. It can relate to other offences or ‘reprehensible behaviour’.

Unless the defendant pleads guilty on the version of events put forward by the prosecution then the defence should put forward a written basis of plea. The basis of plea will be considered by the prosecution who may or may not accept it. If the basis is not accepted then there may be a need for a Newton hearing in which the court considers which version it prefers.

There are some occasions where a defendant is convicted in the magistrates court that the court determines their sentencing powers are insufficient to sentence the defendant. The matter can be sent to the crown court for sentence where the sentencing powers are greater. The case is usually listed in the crown court in 3-4 weeks time. Often in these instances a pre sentence report is ordered to be prepared prior to crown court sentence date. If you are on bail you will be provided with an appointment to attend the probation service, on occasions this can take place before you leave the magistrates court. If you are in custody they will either attend a visit at the prison or attend via video-link. Sohail will advise all defendants to co-operate with the Probation Service prior to the sentence date to obtain a good report as this will be used by the sentencing Judge to help them determine what type of sentence or length of sentence you will receive.

During the course of an investigation the police obtain a significant amount of material, some of which will not form part of the prosecution case. This is known as unused material. In the crown court when the prosecution serve their case they should also serve a schedule of unused material. At the same time they must highlight material on that schedule which is capable of undermining the prosecution case. Such material should be made available to the defence. This is a crucial stage of the case and it affords the defence an opportunity to scrutinise the schedule and in particular request additional items. Some of these items are contained on the schedule but not disclosed, other items may not be on the schedule but can still be requested.

In the Crown Court the defence statement should normally be provided within 28 days of service of the prosecution case. The defence statement is a document which sets out the nature of the defence, any particular defences, areas of the prosecution case which are disputed, facts relied upon by the defence, any points of law relevant to the case and where relevant particulars of alibi. The defence statement also provides the defence with an opportunity to request items of unused material. These items may be contained on the prosecution schedule of unused material, alternatively there may be items which the defence feel the prosecution should obtain or may already be in possession of but which have not been scheduled.

Special measures are intended to help witnesses who may be vulnerable or intimidated and they can apply to both prosecution and defence witnesses. A vulnerable witness may be a child (under the age of 18) or a witness who may have a mental disorder, an impairment in terms of intelligence or social functioning or have a physical disability or disorder. An intimidated witness is one who may suffer from fear or distress in relation to giving evidence and complainant in sexual offences automatically fall into this category as do witnesses to certain other types of offence such as those involving guns and knives. Complainants in cases involving serious crime can also be regarded as intimidated. Special measures can include giving evidence behind a screen, via a live link, in some cases evidence given in private, wigs and gowns removed by judges and barristers and by way of a video recorded interview. In some cases examination of a witness can take place through an intermediary. Depending on the allegation Sohail can explain whether special measures are applicable to a particular case.

The Judicial Sentencing Guidelines Council have issued guidelines in relation to the credit that a defendant is entitled to if they plead guilty to criminal charges. The maximum credit that a defendant would be entitled to would be a third discount, that is to say a third discount on any custodial sentence. However such credit is reserved for defendants who make admissions to the police in interview or alternatively indicate at the Magistrates Court that they will be pleading guilty at the first opportunity at the Crown Court. If there is no indication made at the Magistrates Court and a plea is entered at the first occasion in the Crown Court i.e. at the Plea Trial Preparation Hearing, that credit is usually reduced to 25%. If a defendant were to enter a not guilty plea at that stage but enter a guilty plea in between the plea and trial hearing and the trial date the credit can be as low as 10%. Ultimately credit is a matter is for the Judge to decide depending on the complexity of the case and the evidence in such case.

Sohail will try and resolve the matter informally, however if the matter is to be dealt with formally he will ask you to set out the nature of your complaint in writing. He will normally provide you with a written response within fourteen days from the date of your letter. Sohail has a complaints procedure, a copy of which is available upon request.

As you have instructed Sohail Bashir to act on your behalf, you have entered into a contract with him for the provision of legal services/or you have requested him to take specific steps before entering into a contract. Sohail Bashir will rely on this as the lawful basis for processing information that he will collect and store relating to you. Sohail Bashir will be retaining your key electronic data for a period of six years from the date your case has been concluded and at that point it will be deleted from his systems.