Criminal Law

What is Criminal Law?

Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self.

What work we will undertake for you?

At the start of a criminal defence case, we will obtain details of the allegations against you, and take your detailed instructions. That may lead to the need to gather evidence to support your case. This will include interviewing your witnesses. We will also research the statutes, cases, and procedural rules that may be useful when defending your case in court in order to prepare a defence strategy.

Building a Defence Strategy

We will advise you in relation to the strengths and weaknesses of your case, whether, or not, there are any defences available to you, and the pros and cons of pleading guilty, or not guilty, based on the particular circumstances of your case.

Prior to Trial

Should you plead not guilty and your matter progress to Trial, we will work with you to prepare your case in line with your defence strategy. They will analyse all the evidence both for and against you before a trial, so that cross examination of the prosecution witnesses can be planned, and a proper running order can be put into place for calling your witnesses.

Should the need arise, they will make applications to either omit evidence detrimental to your case, or to include evidence beneficial to your case.

We will also be there to assist you throughout the Trial. If there is any new evidence to be taken into consideration, they will make sure that this is highlighted as quickly as possible.

During the Trial

Should your matter progress to Trial the Solicitor representing you, or a Barrister instructed by us to work on your behalf, will argue your case, including cross examining Witnesses, put forward your defence, if you have one, and challenge the Prosecution case against you.

If you Plead Guilty or are convicted after Trial

We will ensure that a fair punishment or sentence is given to you. They will do their best to make sure that a judge and jury, or bench of magistrates, put into perspective the allegation that you have been accused of, and take full account of any remorse, rehabilitation or personal circumstances that are relevant to your sentencing.

After Trial

We will advise you whether there are any grounds for appealing the outcome of an unsuccessful Trial, or the sentence you receive. If there are grounds we will go through the process with you and, if you wish to appeal, shall begin the appeals process without delay.

Our Aims

We are aware that facing Criminal allegations can be a particularly stressful time. We aim to support you throughout the process to ensure that the stress you feel is limited. We aim to be accessible to our clients and believe that it is important for clients to feel comfortable contacting us to ask for advice no matter how trivial they feel their query may be.

Work expected to be carried out in this transaction but not included.

None.

Time frame

The time scales involved in handling a criminal matter can vary significantly depending on the complexity and nature of the case. Initially, after an incident, you may be required to attend a police interview, which typically occurs within a few days to a few weeks of the incident. If you are charged, the case will proceed to the Magistrates' Court for a preliminary hearing, usually within a few weeks of the charge.

For less serious offences, the case may be resolved in the Magistrates' Court within a few months. However, for more serious offences that are transferred to the Crown Court, the process can take longer. The time from the initial hearing to the trial can range from several months to over a year, depending on factors such as the court's schedule, the availability of witnesses, and the need for further investigation or evidence gathering.

Throughout this period, we will keep you informed of all developments and ensure that you are fully prepared for each stage of the process. We will provide regular updates and be available to answer any questions you may have. It is important to attend all scheduled appointments and court dates to avoid any delays or additional legal consequences.

Fees

Legal Aid

Legal aid is available to assist individuals who cannot afford legal representation in criminal matters.

To qualify for legal aid, applicants must pass both a means test and an interests of justice test.

Means Test

The Means Test is based on the applicant's financial situation, including household income, outgoings, capital, and equity.

Applicants with an income of £12,475 or less are eligible for legal aid, while those with an income between £12,475 and £22,325 will need to complete a full means test.

Applicants with an income of £22,325 or more are generally not eligible.

Certain applicants, such as those under 18 or receiving specific benefits, automatically qualify for legal aid.

Interest of Justice Test

The interests of justice test considers the merits of the case, including the nature of the offence, the likely sentence, and the risk of custody. Factors such as the likelihood of losing liberty or livelihood, suffering serious damage to reputation, or the need for expert cross-examination are also taken into account.

Crown Court

For Crown Court trials, applicants may have to contribute towards their defence costs based on their income and capital assets.

Contributions to legal costs in Crown Court

Following a review of the financial information provided the Legal Aid Agency will advise if you are required to contribute towards the legal costs. These may include:

a lump sum contribution from assets;

monthly payments from income;

repaying some or all of the legal aid costs at the end of the case.

Please note changing circumstances may affect the determined contributions

Applying (if not in receipt of qualifying benefits)

To prepare the application for legal aid funding, please provide us with the following information as soon as possible:

evidence of your income and expenditure, such as payslips and bank statements;

details and statements of any benefits you currently receive;

your national insurance number;

any court documents you may have;

any relevant letters you may have;

Accurate and detailed information must be provided to the Legal Aid Agency and be kept up to date with any changing circumstances. Inaccurate information provided may lead to the cancellation of legal aid funding and potential prosecution.

The statutory charge

You may be required to repay some of the legal costs if money or property is awarded to you. The amount is determined through a statutory charge on the money or property. The Legal Aid Agency may defer the repayment if the property is to be used as your home or you are awarded money to buy a home.

Private Paying

If you do not qualify for legal aid, you will be charged at the following rates.

Private matters are charged out in two ways, a fixed fee for certain aspects and at an hourly rate for other.

Fixed Fee aspect

Type of Hearing

Plea and Mitigation Hearing

£750.00 + VAT (£900.00 inc VAT)

Case Management Hearing

£750.00 + VAT (£900.00 inc VAT)

Half a day Trial

£1,200.00 + VAT (£1,500.00 inc VAT)

Full days Trial

£2,000.00 + VAT (£2,500.00 inc VAT)

The above prices are exclusive of Travel and Mileage, which are billed at the following rates

Hourly rate + VAT (not charged for Telford / Welshpool / Aberystwyth)

£0.45 per mile. (charged to all courts)

Hourly Rate

All other work billed at an hourly rate

Letters and telephone calls to be charged in units of 6 minutes. (minimum 1 unit)

Payment on account

The client should be provided a bill for all works undertaken before each court attendance. The client should be asked to pay this along with a payment on account for the Fixed Fee and travel expenses for the Court Hearing.

All fixed fee payments and travel expenses must be paid prior to attendance at Court, or we do not attend.

Matter Specific Disbursements

Identification of client - £10.00, plus VAT

Travel - £0.45 a mile, plus VAT

Barristers fee – dependant on the barristers level of experience. All fees will attract VAT – this will be discussed with you if the need for a barrister arises.