SERVICES
We pride ourselves on expertly guiding you through what is likely to be, undoubtedly, one of the most stressful times in your life. We use nearly 30 years of criminal defence experience to advise you at the earliest stage of a criminal investigation with in-depth consultations and a pro-active approach to your case.
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Many cases are won and lost at the police station. We offer a bespoke service to ensure you receive first class advice at this crucial early stage.
Poor advice or the absence of advice at this stage can often cause irreparable damage to your case. The constraints of the legal aid budget mean that the free and independent legal advice you are entitled to will rarely mean that you have a qualified, experienced solicitor guiding you through your time at the police station. We ensure that our clients are in a position where they are in capable hands from the outset with the best advice available to them.
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We are equipped to take on your case at any stage and can offer a fixed-fee consultation with one of our experienced lawyers. If required, we can quickly arrange to have expert input from the leading barristers in the UK including Mark Kelly (Kings Counsel) markkellykcbarrister.com with whom we have a long-standing professional relationship. We also work with a wealth of professionals including forensic experts in every field from telecommunications (including mobile phone experts) to forensic accountants. Our team is on hand to assist you with expert advice quickly, efficiently and in a way tailored to your specific needs.
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We regularly advise & represent clients involved in Magistrates, Crown and Appeal Courts on a private basis which allows us to give the time and attention that your case deserves in order to ensure you achieve the best possible outcome.
FINANCIAL CRIME
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The Proceeds of Crime Act 2002 (POCA) created a range of offences including those commonly referred to as ‘money laundering’. These are typically offences contrary to s327 to s329 of POCA.
Money laundering offences are made out when criminal property is handled, transferred, acquired or taken possession of AND one suspects that this property has derived from crime (even if the crime itself is not provable to the criminal standard).
Having been involved in some of the largest and most complex money laundering ever tried in the UK, we have a wealth of expertise in this field. Whether you are under police investigation, facing Court proceedings or simply wish to minimise the risk of being accused of money laundering, we are happy to assist.
Money laundering investigations can often lead to other proceedings under POCA such as Restraint Order Proceedings or Asset/Cash Forfeiture Proceedings. Please see our POCA section for further details as to how we can assist in these matters.
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We are regularly instructed in cases of fraud. With a substantial background in dealing with cases prosecuted by the CPS complex case unit, HMRC, and SFO, if you are investigated for or charged with such offences, you need specialist advice at the earliest opportunity. Our impressive track record speaks for itself.
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The Proceeds of Crime Act 2002 provides the authorities with a range of powers which allows them to block, freeze, restrain or seize assets.
With nearly 30 years of experience and an excellent track record in dealing with the most serious financial crime, we can offer specialist, expert advice. We will arrange speedy consultations in order to meet the needs of busy professionals facing the challenges of criminal investigations concerning any financial crime or irregularity. We are also proud to be draw upon long-standing professional relationships with the most prominent fraud barristers in the country including Mark Kelly KC. An early consultation with the very best legal minds can be quickly arranged to specifically address your concerns with advice and guidance tailored to your individual needs ensuring the best outcome for you.
Confiscation Orders
Typically, confiscation proceedings will follow criminal convictions in which there has been said to have been a financial ‘benefit’ to offenders. These proceedings can often be more complex than the criminal proceedings from which they resulted and can have devastating consequences with assets such as family homes, cars and entire life savings being confiscated. It is crucial that you receive expert, robust advice if facing confiscation proceedings.
Civil recovery
In cases where there has not been any criminal conviction, POCA provides powers for the authorities to seize and forfeit assets on the basis that they represent the ‘proceeds of crime.’ These proceedings are often referred to as ‘cash forfeiture proceedings’ or ‘asset forfeiture proceedings’. The test the Court will apply is whether the assets or money in question either a) derived from crime or b) was to be used in the furtherance of crime. Such civil proceedings require a specific set of skills and expert, technical knowledge of the relevant law in order to mount a successful challenge to protect your cash and/or assets.
SERIOUS CRIME
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The key to a constructing a successful defence to the gravest of crimes in the criminal calendar is preparation and expertise. We have strong links to elite Kings Counsel and senior barristers in London and across the UK and with the top forensic experts in every field from pathology to telecommunications. We can provide unparalleled representation from the early stages of an investigation at the police station through to crown court trial.
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We have vast experience in dealing with a range of drugs offences from small-scale supply to large scale conspiracy to supply or import drugs to the value of millions of pounds. Our leadership team have been involved in some of the largest drug importation/supply cases ever tried in the UK achieving consistently excellent results. Complex prosecutions in drugs case now typically involve tens of thousands of pages of evidence including telephone evidence, cell site evidence and encrypted phone chat evidence (including swathes of ‘Encrochat’ material). If faced with such offences, you require a cutting-edge team who are adept and familiar with navigating their way through such material with experts in a multitude of disciplines at their fingertips to assist. We will expertly tailor your defence to your individual case to ensure a positive outcome.
We have specialist expertise in dealing with each of the following offences:
- Conspiracy to supply drugs
- Conspiracy to import drugs
- Possession with intent to supply controlled drugs
- Offering to supply controlled drugs
- Concerned in the supply controlled drugs
- Importation of controlled drugs
- Cultivation of cannabis
- Production of cannabis
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The UK currently has some of the strictest laws governing the possession of unlicenced firearms whether they be imitation firearms or weapons capable of firing lethal projectiles. We have in-depth knowledge and experience of cases involving offences contrary to the Firearms Act where expert evidence is often necessary to forensically analyse the weapon in question. Possession of a firearms with certain characteristics attract a minimum prison sentence of 5 years. These are, therefore offences for which you ought to seek immediate legal advice from a team who have a proven track record in defending such allegations.
Possession of offensive weapons (including a knife or a bladed article) are offences which can carry a mandatory term of custody whatever one’s explanation for carrying it. We have successfully argued in countless cases before the Courts that an item in a certain scenario ought not to be considered an offensive weapon (for example tools used for work or a baseball bat used for recreational sporting activities). Given the serious consequences upon conviction, the way an explanation is provided at the police station or at Court will have a huge bearing on the outcome of such a case.
GENERAL CRIME
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We have extensive experience of successfully defending the full range of offences contrary to the Theft Act 1968 and the Fraud Act 2006 from low level theft to the theft of high value goods including fleets of high performance vehicles.
We offer quick, straightforward but always carefully considered advice drawing on our experience and expertise in order to assist you with any theft or dishonesty offence.
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We have an in-depth working knowledge of the law governing offences involving violence of all degrees from grievous bodily harm to common assault.
Most offences involving violence are contrary to the Offences against the Person Act 1861.
We are regularly instructed in cases where domestic violence is alleged. Our team is adept at quickly assessing and paying due regard to what could be a significant history between family members or partners. In such cases, background information being presented in a cogent and structured way can often be the difference between being charged/convicted or not.
We have specialist expertise in dealing with each of the following offences:
- Wounding with intent to cause grievous bodily harm (s18 wounding)
- Causing grievous bodily harm
- Inflicting grievous bodily harm/unlawful wounding (s20 wounding)
- Assault occasioning actual bodily harm (s47 assault)
- Common Assault/ Battery (s39 assault)
- Controlling and coercive behaviour
- Harassment
- Stalking
- Public Order Offences including Affray, Violent Disorder and Riot
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The authorities (including the NCA) have invested significant resources into prosecuting cyber crime including hacking, malicious software (including ransomware) and distributed denial of service (DDOS) attacks against websites.
We have recently defended cases in which substantial ‘phishing’ and ‘smishing’ activity leading to fraud or other offences has been alleged.
In order to properly defend and ensure a favourable outcome in such cases, you require a tech-savvy team who can draw on expert witnesses to be quickly instructed to critically analyse the police/prosecution case and forensically examine electronic devices in order to assist your defence.
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Being accused of producing, possession of or distributing indecent images of children or extreme pornography is undeniably distressing and can cause enormous reputational damage.
We have represented prominent figures accused of such offences including headteachers and company directors. On numerous occasions, we have successfully ensured that names of our clients are kept from public knowledge and reputations remain intact.
We cannot stress how important it is to get ahead of the game and receive urgent advice from a senior lawyer who can guide and advise you through this stressful time.
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Being faced with allegations of sexual offences of any description is harrowing. The combination of your reputation being at stake and you being expected to share the most intimate details of your life is a unique scenario which requires careful and sensitive consideration.
We regularly advise a range of parties affected by sexual crime including suspects, defendants and even complainants who wish to know where they legally stand.
We take a thorough and proactive approach to these cases often resulting in cases being dropped at an early stage thereby preserving the reputation of our clients.
In cases that proceed to trial, astute and considered requests for disclosure or further information to undermine prosecution witnesses are expertly utilised by our team to ensure that we have the material to defend you as vigorously as possible.
We have specialist expertise in dealing with each of the following offences:
- Rape
- Historical sexual offences
- Sexual Assault
- Sexual activity with a child
- Inciting a child to engage in sexual activity
- Sexual grooming
- Revenge porn
MOTORING OFFENCES
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This is an offence which can result in disqualification for up to 12 months.
It is a ‘strict liability’ offence which means that if you cannot prove that you were insured at the relevant time, there is usually no defence. The sentence however can vary significantly depending on a number of factors such as whether an accident was caused or injury resulted.
With a skilfully assembled defence by our experienced team, you will have an enhanced opportunity of avoiding disqualification and/or keeping any penalty points to the bare minimum.
Failing to Provide Driver Information or ‘s172 offence’
On countless occasions, we have been instructed to represent individuals and companies who have unwittingly committed this offence. It is easily done. The unfortunate consequence is that the offence carries 6 penalty points which can result in a driver
becoming a ‘totter’ thereby facing disqualification.
The offence is committed when the registered keeper of a vehicle receives a notice requiring them to provide the information of the driver at a given time and either a) they fail to respond to the notice within 28 days or b) they respond but fail to adequately identify the driver.
We have a high success rate of defending clients facing this offence. Defences available include ‘reasonable diligence’ where every reasonable effort has been made to identify the driver. Or in scenarios where, for example, the notice has not been received, that it was not reasonably practicable to provide the information within 28 days. The Courts will not readily accept either defence therefore, specialist advice and representation is a must.
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This is an offence for which, if you are convicted, a mandatory disqualification will follow.
The length of the ban will depend on a number of factors including, most importantly, the level of alcohol detected in a breath, urine or blood sample.
The onus is on the prosecution to establish who the driver of a vehicle was at any given time. On occasions when the evidence is unclear on this point, we have successfully defended clients at trial resulting in conviction being avoided.
When there is clear evidence as to the driver of the vehicle, we have successfully argued for the minimum disqualification of 12 months on many occasions. In such circumstances, we ensure that we impress upon the Court that they have due regard to all relevant factors personal to our client (e.g. family circumstances and the impact of a lengthy ban) and specific to the offence (e.g. where it was a genuine emergency and getting behind the wheel was a last resort).
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With an offence which ordinarily carries penalty points, it is possible to argue that ‘special reasons’ exist as to why penalty points ought not to be imposed.
The criteria that any special reasons argument must fulfil are:
1. It must be a mitigating or extenuating circumstance
2. It must not amount in law to a defence to the allegation
3. It must be directly connected to the commission of the offence
4. It must be something that the Court ought to take into consideration when deciding what punishment to impose.
We have a wealth of experience in preparing such applications and will ensure that you are fully prepared and are given every opportunity to impress upon the Court why you ought not to incur penalty points.
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If you accumulate 12 or more penalty points on your licence in any 3 years period, you will be considered to be a ‘totter’. This will result in a minimum disqualification of 6 months unless you are able to persuade the Court that a disqualification would cause you or others exceptional hardship.
It is established in caselaw that losing your job will not, on its own, qualify as causing exceptional hardship.
We have represented a cross-section of society for whom it is equally imperative that they retain their driving licence by demonstrating before the Courts that the loss of their licence would cause them exceptional hardship. A wide range of factors (from childcare considerations to wider implications for a small business and its employees) can be put forward as long as they are well-argued and presented in a clear, logical way. We have a wealth of experience in preparing such applications and will ensure that you are fully prepared and are given every opportunity to impress upon the Court why you ought to stay on the road.
Even the most careful of drivers amongst us will at some point or another inevitably face a motoring offence. We understand that this can be a stressful time where, in many cases, as well as your insurance premium skyrocketing, disqualification is a realistic outcome. It is crucial that you seek early legal advice to minimise the risk of a disqualification and to ensure that you know where you stand in relation to penalty points and further consequences.
Our specialist team will guide you through every step of the procedure and, if necessary, provide expert representation at the Magistrates Court.
