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 General Barrie Fairbairn Solicitors provide publicly funded criminal defence work through a contract with the Criminal Defence Service. The Criminal Defence Service is a part of the Legal Services Commission. All cases (other than those at the Crown Court) are subject to audit by the Criminal Defence Service. Barrie Fairbairn works in the Police Station, the Magistrates' Courts and makes some Applications before the Judge at the Crown Court. Please call Barrie on 07973 139536 if you have an enquiry. Your concerns Should you feel that something is wrong please speak to Barrie with your concerns. If your concerns are not resolved please contact Barrie who will operate the complaints procedure on your behalf. Your complaint will be investigated and you will receive a written response. If you are still not satisfied you will be advised about what to do next. What will happen? It can be difficult to predict how your case will progress. At each stage you will be kept fully informed. Do not hesitate to raise your concerns. What happens in the police station? Most matters that come before the Court start off with the arrest of a suspect who is then taken to a Designated Police Station Custody Suite. The officer and others in your case will explain to the Custody Sergeant the reasons for your arrest. The Custody Sergeant will decide if there are sufficient grounds for holding you for questioning. The Police and Criminal Evidence Act and the Codes of Conduct prevent the police from delaying your investigation. Your time in custody is subject to review and you are normally entitled to have immediate advice. All Legal Advice in the Police Station is free and the firm is available at any time on 07973 139536. You should ask the Custody Sergeant to call Barrie on this number as soon as you can. Sometimes the police require more time to conduct their investigation and you may be bailed to return to the police station. As with Court Bail you may be guilty of Failing to Surrender if you cannot provide a reasonable excuse if you fail to surrender at the appointed time. The police will disclose their evidence to your solicitor who will advise you on the law and procedure relevant to your case. At the end of the investigation the Crown Prosecution Service will decide if there is enough evidence to support a charge. If there is you will be charged to appear at the Magistrates Court. You may be bailed to court or in some circumstances you may be charged and remanded in custody to appear at the Magistrates Court. One of the benefits of having a solicitor in the police station is that sometimes bail can be negotiated with the police. Sometimes you may receive a Summons by post asking you to attend court. Remember, if you move from the address you gave to the police, the summons will still be sent to your old address. A warrant could still be issued for your arrest if you fail to surrender. What happens at court?
How long will it take? The CJSSS procedure has been adopted in every Magistrates Court in England and Wales. This means the Court will expect you to be able to tender your plea at the first hearing. The two main factors in determining how long your case will take are the seriousness of your case and your plea. Seriousness A serious case is likely to be dealt with at the Crown Court. If the allegation you face is Indictable only it will be sent to the Crown Court after its first appearance in the Magistrates Court. Indictable matters can only be heard in the Crown Court. If your case is an either way offence and you either elect to go to the Crown Court or are sent there by the Magistrates for trial or sentence then your case will be delayed for up to 8 weeks before the committal date. Either way cases can be heard in the Magistrates Court or the Crown Court. Previous convictions can make your case more serious. Plea The Magistrates have the power to sentence you by way of an Absolute Discharge, Conditional Discharge or a Fine at a hearing for sentence. If the Court wishes to widen its sentencing powers, a Pre-Sentence Report may be ordered by the Court. This will cause a delay of up to 3 weeks before sentence. It is important that you attend your appointment with the Probation Service for the preparation of the Pre-Sentence Report as the Court has the power to remand you in custody pending the preparation of that Report. Sometimes the Court will order a Fast Delivery Report which will be prepared on the day of your guilty plea. This means the Court can sentence you to a Community based sentence without the need for a full Pre-Sentence report. Your case will take longer to deal with in either the Magistrates Court or the Crown Court if you plead Not Guilty. This is because Court time must be made available for your case and witnesses will need to be called to Court. Plea before venue If you face an either way allegation in the Magistrates Court this procedure is used. This means that you may enter a Guilty plea before the Court considers where your case should be heard. If it is a serious case and/or you have aggravating previous convictions then the Magistrates have the power to commit you for sentence at the Crown Court. If you plead Not Guilty at the Plea before Venue hearing or do not enter a Plea at all, the Magistrates will decide if your case is suitable for disposal before a Magistrates Court. If it is decided that it is suitable for a Magistrates Court hearing you will then have the opportunity of electing Trial at the Crown Court if appropriate. If your case is serious the Magistrates may decide that they have insufficient sentencing powers and adjourn your case for committal to the Crown Court. Sentencing powers of the Magistrates Court The Magistrates have up to 6 months sentencing power on many offences and up to 12 months sentencing powers if they have 2 separate either way offences. An either way offence together with a summary only offence carries up to 6 months sentencing power in the Magistrates Court. Two or more summary only offences carry only up to 6 months imprisonment in the Magistrates Court. Youth Court Young persons under 18 years of age will appear in the Youth Court. If you are co-accused with an adult you will appear in the adult Court until trial if you and the adult plead not guilty. If you plead guilty and your case is suitable it will be remitted to the Youth Court for sentence. Sometimes the prosecution argues that a Youth Case should be sent to the Crown Court. The Court will grant the application if it feels your offence would carry more than 2 years custody if you were an adult. The Youth Court has the power to sentence youths up to 24 months custody. The sentence is called a Youth Detention and Training Order. In addition to this the Youth Court can remand offenders in custody. A Persistent Young Offender will have matters dealt with more quickly than a new offender. Legal Aid, Costs and Other Orders Legal Aid in the police station is free of charge. Legal Aid does not cover the time you may be on police bail before charge. We will not be able to deal with issues in your case at this stage unless it is privately funded. Legal Aid for adults in the Magistrates Court is subject to a means test. If you are on benefits Legal Aid if granted on the merits of the case will be free of charge. If you have income or capital within certain limits Legal Aid if granted on the merits of the case will be free of charge. Legal Aid is available in the Youth Court without a means test if your case is serious enough to justify public funding. Legal Aid is available in the Crown Court without a means test if your case is serious enough to justify public funding. However it is only in the Crown Court that a Defendant's Costs Order can be made at the end of the case. This means you may have to pay the costs of your own defence if you are not sent to prison. In addition to Defendant’s Costs Orders the prosecution may apply for their costs on conviction and the court may make other orders with respect to property. If a Representation Order giving you Legal Aid is not granted you will have a costs liability to the firm. Your liability will extend from the time you give the firm instructions until the day that your Representation Order is granted. If Legal Aid is not available you may agree to pay the firm yourself. More information about Legal Aid can be found on the Legal Services Commission web site: www.legal.services.gov.uk Explanation of terms At Court you may hear unfamiliar words being used. Here are some of the words frequently used together with their meanings. Adjourn means to put off to another day. Police Bail The Police may adjourn your case without charge to allow further enquiries to take place or for them to consult with the Crown Prosecution Service. Bail is being released from Court or the Police Station before your next date. Remand means putting a person on bail or sending them to prison during an adjournment. Advance Disclosure is some of the papers that set out the evidence against you. Plea means telling the Court whether you are Guilty or Not Guilty. The Crown Prosecution Service is the statutory body that prosecutes most criminal cases before the Court. The defence means putting your case by working with your Solicitor. Indictable only: A matter that can only be heard at the Crown Court. Either way: This matter can be heard at the Magistrates Court or the Crown Court. Summary only: This matter can only be heard at a Magistrates Court. Pre-Sentence Report: If your case is serious or you have aggravating previous convictions the Court will order this to widen its sentencing powers to include Community Orders and imprisonment. A Community Order can be made up of unpaid work or supervision or specialist programs designed to deal with your sort of offending. Sometimes a Community Order may be made up of only one item. Sometimes a Community Order is made up of a number of different parts. The Court can also make an electronic curfew order. All orders are enforced by reference to national standards and breach will bring you back to Court where you may be resentenced. A full pre-sentence report is also known as a Standard Delivery Report. Fast Delivery Report: A shorter version of the Pre-Sentence Report allowing the court to make a Community Order. |
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