The Defence Brief

Royal Courts of (in)Justice O n the 1 st July 2015, the government introduced a cut to solicitors legal aid fees, this was about a 9.51% cut from the rate applicable on the 30 th June 2015 (nb at the same time the  head of the Legal Aid Agency was awarded a 10% pay rise ) and is part of an overall 17.5% cut in fees since the March 2014.  In reality, the cut is far more than a mere 17.5% because fees have been changed in other ways that need not concern us here, suffice to say that some of the cuts to fees are as high as 50% reductions! Since the 1 st July 2015, a very large number of criminal legal aid solicitors have been refusing to work for the new fees.  I am not surprised by this; I began handing back my legal aid contract in 2011 and ceased all legal aid work in June 2012 partly because the rates then were so low that I could not earn a living and simultaneous provide clients with the level of service that a) they deserved; and b) my obligations as a...

I have just read a BBC report saying that a court has ruled that the police cannot bail anybody for more that 96-hours or 4-days.  The BBC are a little late with this story as it was reported by CrimeLine last Friday, but there you go. The case, called Greater Manchester Police v (1) Hookway, (2) Salford Magistrates' Court , is a judicial review brought by the police following a refusal by a District Judge to grant further time for them to question a murder case suspect. CrimeLine's Andrew Keogh (a well known and highly respected criminal lawyer who provides extensive training for much of the criminal law world) described the judgment as "... one of the most bizarre cases I have ever read... " .  He goes on to say that he understands the case is being appealed, which is not a surprise. Before going on, I should explain for those who do not know that when a person is arrested the police have 24-hours in which to question the suspect and make a decision whether ...

Following the remand into custody of Dominique Strauss-Kahn the head of the International Monetary Fund, I thought I'd say a few words about the subject of bail. There have been some high profile cases where serious crimes have been committed by those on bail, for example Police Inspector Gary Weddell who was released on bail for murder and subsequently committed another killing or that of  Garry Newlove, who was murdered by a gang, one of whom was on bail. In England and Wales, section 4 of the Bail Act 1976 entitles a suspect in a criminal case bail except in certain circumstances or where the suspect is charged with treason, some form of homicide or rape.  The main three reasons for refusing bail are that the court has a real fear that: the defendant will commit further offences while on bail; will fail to surrender to bail; or will interfere with witnesses or otherwise try to obstruct justice. When considering bail, the court is required to consider the prosecution...

I'm good at what I do... well I think so even if nobody else does.  But, I'm not a miracle worker.  If you find yourself arrested and remanded into custody and then I show up and persuade the Crown Court to release you on conditional bail: make sure you obey your conditions, especially when the judge has told you just a few days earlier that "if you break your bail conditions you are very likely to be returned to prison". If you don't obey then expect to spend up to the next year in prison awaiting your trial.  It really is that simple.