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What Next For Sally?

edelegal — Wed, 28 Nov 2018 10:34:22 +0000

In a dramatic climax the jury returned guilty verdicts in the case of R v Sally Metcalfe, the hapless Coronation Street Councillor caught up in fraud, money laundering and bribery. As viewers will know, poor Sally appears to be a victim of Duncan's cunning plan to divert blame elsewhere. Her fate now lies in the hands of the trial judge, but a custodial sentence appears to be a real possibility. But, what options does Sally have in relation to appeal? Sally and her legal team must move quickly as an appeal against conviction must be lodged within 28 days of the verdict. An application to appeal can be made 'out of time' but there must be a good reason for any delay. Since we can be rightly critical of her legal team, one of the first decisions may well be whether to instruct new solicitors and counsel to advise. But whatever the decision made in respect to legal representation, it is important to note that appeals are not to be viewed as an automatic ‘second bite of the cherry'. The Court of Appeal will only overturn a conviction if it is 'unsafe', so Sally's legal team will need to identify something that went wrong in the trial process; if nothing did go wrong then an attempt at appeal would simply be futile, raising false hopes. Sally's best bet will be to continue the battle to clear her name in the hope of finding evidence that points towards Duncan and his framing of Sally. This is referred to as 'fresh evidence’ and must be genuinely new evidence that was not available to Sally and her lawyers at the time of trial. Of course, Sally's case isn't real, and we can expect the scriptwriter to exercise some editorial licence when it comes to explaining the intricacies of the law, so don't take too much notice of the legal wrangling as it inevitably unfolds in future episodes. In the real world, a wrongful conviction is a most dreadful experience for both defendants and their families, exacting the cruellest toll. How can we help? If you require advice in relation to any appeal matter it is imperative that you act quickly. Our team of experienced lawyers are here, ready to take you through the process. If you would like to discuss any aspect of your case, please contact Stephanie Brownlees, Sebah Naz Baig or Hashmita Patel on 01902 275 042 or email admin@edenlegalservices.co.uk

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Recreational Drug Use- The Hidden Costs

edelegal — Mon, 11 Dec 2017 17:14:09 +0000

As Christmas approaches and we begin to let our hair down a little and enjoy the festivities, some people are enticed into the world of so-called 'recreational drugs'. There are a great many substances that might properly be categorised as 'recreational', popular ones being cannabis and cocaine. First use often occurs at a party, perhaps due to normal inhibitions being diminished by alcohol or the sheer fun of the occasion. Despite the apparent short-term joys that might flow from drug use, the harsh reality for some is felt for a long time after that. This is the other side of drug use, as seen through the eyes of the criminal justice system, told via a series of case studies. 'Sara saw no harm in smoking a few joints of cannabis. If anything, she felt better than she had for a long time. She was never stupid enough to drink drive, but did not realise just how long cannabis would remain in her system. But for the faulty brake light the police officer would not have pulled her over the next morning, would not have asked for a roadside drugs test, would not have arrested her and kept her in a cell for 5 hours and would not have charged her with drug driving and had her produced before a court. But for her ignorance of the effect of drugs, she would not have been disqualified from driving for 18 months and would not have lost her job.' 'If Daniel hadn't been spotted by club security, nobody would have been any the wiser, but he was. The ejection from the club was not something that particularly bothered him, and receiving a police caution seemed like a slap on the wrist, of little consequence. In the morning Daniel returned to his job, and normality resumed, until late Summer when taking the family to the United States for a well-earned summer holiday. Little did he know that one simple caution for a drugs offence could have led to him being refused entry to the US and placed on the next flight home. Daniel hadn't mentioned the nightclub incident to his family. Until now.' '8 A* at GCSE, 3 A* at A Level, a first-class degree in medicine. Life was good for Rachel until she accepted a caution for possessing a tiny amount of cocaine. Rachel will never forget the arrest and police caution, not just because of how frightening and embarrassing the experience was, but because on each medical job application she completes, throughout her entire career, she will have to disclose it.' How We Can Assist Regrettably, for us, the stories of Sara, Daniel and Rachel are familiar. If you are arrested for any offence, it is imperative that you seek legal advice before being interviewed by the police. Minor drug offences are often dealt with by way of police caution, and it is tempting to try and get the process over with as quickly as possible. In reality, however, despite what you may be told or think, asking for a solicitor not only costs nothing (as you qualify for legal aid) but does not delay your release from custody. In many instances, it speeds up your release, and also means that we can advise on the best long-term options for you. We all make mistakes, but often the biggest mistake is not taking legal advice. Contact us today on 01902 275 042 or via email at info@edenlegalservices.co.uk

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50 Years of The Parole Board

edelegal — Fri, 10 Nov 2017 17:12:26 +0000

The Parole Board celebrates its' 50th birthday, having been created by the Criminal Justice Act 1967. The initial purpose of the Board was to advise ministers on the release of life sentenced prisons. Over time, the Board has developed to be a court-like body which orders the release of prisoners. Between 2016- 2017, there were more than 7000 oral hearings before the Parole Board and 16866 cases were dealt with by way of a "Paper Hearing". There are 45 Judicial Members of the Parole Board, 34 psychologist members, 17 psychiatrist members, and 149 independent members (These are from Probation, legal and other backgrounds). The Parole Board has to consider whether or not to direct release for indeterminate sentence prisoners, which include Lifers and IPP prisoners (Indeterminate sentences for Public Protection). They make such decisions after the initial tariff period has been served. The Board also considers cases for some categories of determinate sentence prisoners and prisoners who have been recalled to prison and can be re-released on licence. They also advise the Secretary of State on whether indeterminate prisoners can be moved from closed to open conditions. Nick Harwick, Chair of the Parole Board, told the Butler Trust on the 6th November: "Our decisions are now solely based on risk. The test we apply before a prisoner can be released, arising from the Legal Aid, Sentencing and Punishment of Offender Act 2012, is: When considering the release of prisoners who come before it, the Board is required to determine whether it is satisfied that it is no longer necessary for the protection of the public that the prisoner should remain detained" There has been a shift in our experience from looking at the "tick box" on a Prisoner's Sentence Plan, to focusing more specifically on risk factors and any immediate threat to the public. Another important change is the release rate for IPP release has risen significantly, and the Chair states that the Parole Board continues to work to safely progress those IPP prisoners with the most complex supervision and support needs. Nick Hardwick has been particularly vocal that further progress requires "policy and political decisions", and we welcome and encourage the same. At Eden Legal Services, we specialise in IPP and Lifer Parole Reviews, and we know how difficult it can be for IPPs in particular, languishing in prison without any idea as to when they will go home. We work tirelessly to ensure that such prisoners progress wherever they can, and we also explore the possibility of appealing these awful sentences wherever we can. If you need advice on Prison Law, or if you have a loved one facing a Parole Review, please do not hesitate to contact Stephanie Brownlees on 01902 275 042 or email info@edenlegalservices.co.uk

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Time To Test The Brakes

edelegal — Wed, 08 Nov 2017 13:22:34 +0000

In December 2016 two men were convicted of manslaughter following an avoidable brake failure that resulted in the deaths of four people, including a young girl. Neither of the men drove the vehicle, but they were ultimately responsible, as the haulage boss and mechanic. One was sentenced to 7 ½ years, the other to 5 years and 3 months imprisonment. The case provides a stark reminder of the duty owed by vehicle operators, and one might have hoped that such cases would materially change behaviour.# A year on, it would appear that the situation has not improved as expected, and the Traffic Commissioners for Great Britain this week called upon operators to change their approach to brake performance testing, commenting that: '...despite the clear lessons from the Bath manslaughter case, operators are simply paying lip service to brake performance testing. In many cases, there’s too little recorded on the brake test to offer a meaningful assessment. In others, no information is recorded at all.' Testing of vehicles has revealed that these failures not limited to a specific type of licence, size of the operator or a particular sector – it is across the board. The guidance makes clear that every safety inspection must include a metered assessment of the braking performance of vehicles and trailers. It adds that a road test method to assess the brake performance for all planned safety inspections will usually be inadequate. Where deficiencies in brake performance are identified, either during use of the vehicle or trailer or at the safety inspection, a measured brake efficiency test must be carried out. The efficiency test must confirm the brakes are performing satisfactorily before the vehicle or trailer can be considered as roadworthy. What you should do now Operators should carry out an urgent review of their brake testing regime now. This should include an analysis of safety inspection records over the last 15 months, looking at whether the type of test and the information recorded is sufficient. Operators must make sure their brake tests are planned in line with DVSA guidance and satisfy themselves that the vehicles and trailers running under their licence are roadworthy. We Can Help We can assist with any road traffic issue so if you need assistance in understanding your obligations, representation before Traffic Commissioners or a criminal court, contact Stephanie Brownlees on 01902 275 042 or email info@edenlegalservices.co.uk

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Liar? Uncover the Facts

edelegal — Mon, 18 Sep 2017 17:52:51 +0000

Liar, ITV's new 6-part drama, is gripping the nation, with people already reaching conclusions as to whether Laura, played by the actress Joanne Froggatt (better known for her role as Anna Bates in Downton Abbey) is telling the truth when she accuses surgeon Andrew of raping her. For most of us, this is highly watchable drama as we flip flop between whom we believe, our perceptions changed over time by the sophisticated script and device plots. It is no surprise that some people have formed an opinion already, and recent research demonstrated that half of the jurors might reach a guilty verdict before even going to deliberate with other jurors. We know that people are on occasion willing to change their minds, just as you might when the plot unfolds. It is vital therefore that a strong case is advanced from the start, laying a solid foundation for a successful defence. Our Role For our clients and their families, facing an accusation of rape or other sexual crime can be a horrendous experience. So, what is our role and how do we defend such cases? Reactive and Proactive We always start with a reactive approach. The complainant states they were drunk, our client states they were in fact sober. We entered the bedroom uninvited says one person, we were invited in, says our client, and so on. We can build the start of a defence with this important work, but we do not have the benefit of the incident in question playing before us on a TV screen, with the truth revealed at the end. We instead have only the competing versions, and it might feel as if it is simply one word against another, and often it is unless you seek further evidence. It is a proactive approach to case preparation which makes a difference. We always ensure that: • All relevant witnesses are traced. • Any CCTV evidence is secured. • Forensic evidence is analysed. • Background checks are completed. • Details of false allegations are pursued. And even, as alluded to already in Liar, any psychiatric issues are explored. We also understand the personal toll legal proceedings will take on you and your family, and offer a compassionate and reassuring voice at a time when the future may at times appear very dark. Our Services Eden Legal Services has extensive experience in defending cases of this type. Before entrusting your case to anyone else come and meet us, get a feel for our work ethic, and ensure you are confident that you are receiving the best defence possible. You only get one chance to get this right, so the alternative is unthinkable. We offer private client services at affordable rates, and legal aid may be available. So, if you are arrested for, or charged with any offence, call us on 01902 275 042 to arrange an appointment, or email info@edenlegalservices.co.uk You can meet our team here http://www.edenlegalservices.co.uk/about/17175-2/

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