Criminal Law

• Legal Team

• Funding

• Police Station Advice

• Magistrates’ Court

• Crown Court

• Courts-martial

• Prison Law

• Civil orders in the magistrates’ court

We have a substantial practice in criminal defence work and cover all types of offences from murder to minor motoring offences in all criminal courts. Our Solicitors are specialists in their field and have substantial experience and expertise to assist you whether you are suspected of a crime or are charged with an offence. If you need to speak to someone, in confidence, please do not hesitate to contact our criminal department at your nearest office. We can arrange representation at any court in the country and we are prepared to travel to other courts should the need arise (subject to any public funding constraints).

Legal Team

The Solicitors in the department are; David Verity, Dale Harris and Nigel Misson. Dale Harris and Nigel Misson are the partners based at Doncaster and David Verity is also a partner and is based in Worksop.

David Verity: David qualified as a Solicitor in 1982. Before moving to private practice, he was a legal adviser in the Magistrates’ Court. He specialises in criminal work and has a busy practice, predominantly in the Worksop and Nottinghamshire area. He is a Duty Solicitor for police station and Magistrates’ Court work.

Dale Harris: Dale qualified as a Solicitor in 1993. He specialises in all types of criminal work, with a particular interest in Youth Court work. He also practises in the Crown Court in respect of appeals against convictions and sentences and has represented service personnel in Court-martial proceedings. He is a Solicitor – Advocate and as such has the rights of audience in all of the country’s criminal courts. He is a Duty Solicitor for police station and Magistrates’ Court work.

Nigel Misson: Nigel qualified as a Solicitor in 1994. He is a member of the Criminal Law Solicitors Association and specialises in all types of criminal work in the Crown and Magistrates’ Courts. He is a Duty Solicitor for police station and Magistrates’ Court work.

Paralegals: The Solicitors are assisted by an experienced group of Accredited Police Station Representatives, paralegals and support staff which provides back-up support to improve the service to our clients and ensure the department runs smoothly and efficiently.

Funding

At the moment, most situations do not depend on your financial circumstances. The only test is whether it is in the interests of justice for a Representation Order to be granted.

We have a contract with the Legal Services Commission and public funding (formerly Legal Aid) will normally be available (except for minor offences).

At the police station stage, most cases are covered by non-means tested legal aid. This is free of charge to the client.

In the Magistrates’ Court, there is currently no means testing. This is expected to change in due course.

If your case is to proceed to a Crown Court, you will have to complete a statement of means. If you are convicted, you may have to pay the costs of the case, if the court believes you can afford to do so.

In Courts-martial proceedings, the procedure is very similar to Crown Court representation.

If public funding is not available in your case, we can give you an estimate of costs and, in some cases, can quote a fixed cost.

Police Station Advice

This stage of the process is often the most important as it can affect the whole course and outcome of a case. Ever more, cases turn on the content of police interview. If you get it wrong here, you may well regret it later. Having representation in interview will ensure that you have someone with you whose sole purpose is to protect your rights and act in your interests.

You will be able to talk to a specialist Solicitor or Accredited Representative in total confidence and frankness. What you say will not be divulged without your express consent. We will be able to advise you on your position generally and advise how to deal with police questioning. Currently, there is no means testing of police station advice and it is free of charge to the client.

We can arrange representation at police station interviews “under caution” whether or not you are under arrest.

If the offence of which you are suspected is not imprisonable or it is a non-police investigation, publicly funded representation may be limited.

Magistrates’ Court

We have a detailed knowledge of court procedure and practice. Most cases commence in the Magistrates’ Court and, depending on the category of offence, may ultimately be tried or sentenced in the Crown Court.

Magistrates’ Court cases are not tried by juries, but mostly by lay Justices who are appointed members of the local community. Lay Justices are not legally qualified, but are advised by a legal adviser. In some courts, a District Judge (who is a Solicitor or Barrister) presides over cases. There are various factors which determine which court will hear a particular case and you will need to consider them carefully. Virtually all the Magistrates’ Court work is covered in house by our team of advocates.

Crown Court

The most serious cases are tried in the Crown Court, but also more minor offences may be tried there if the defendant so wishes.

If there is a not guilty plea, a Judge will hear a case with a jury. The Judge directs the jury on the law, and sets out the procedure to be followed in the case. It is the function of the jury to determine the facts, apply the law and to decide if the prosecution has proved its case. If a guilty plea is returned, the Judge alone delivers the sentence to be imposed.

If there is a guilty plea, the Judge alone will sentence the case without the involvement of a jury.

In the Crown Court, you may be represented by a barrister instructed by FOYS or by our in house advocates.

Courts-martial

If you are charged in respect of a military offence, you may be charged before a Court-martial, which will consist of a Judge Advocate (usually a Judge of Crown Court) and military members. Cases may proceed before a District or General Court martial depending on the nature of the matter.

Prison Law

We can represent you at adjudication hearings before an independent judge. Public funding is usually available for such hearings and it ensures that the case is argued properly. If there is a risk of further days being added to a prison sentence, it will be worth while instructing a Solicitor.

Civil Orders in the Magistrates’ Court

We can also represent you in quasi-criminal proceedings such as Anti-Social Behaviour Orders, Football Banning Orders and Sex Offender Orders. These are civil orders in the Magistrates’ Court which carry criminal penalties if they are breached. Again, you should be represented in such matters by a Solicitor, as the consequences for a later breach could result in a prison sentence. Again, public funding would normally be available.

For further information, please contact the office nearest to you, or e-mail doncastercrime@foys.co.uk or worksopcrime@foys.co.uk.

Foys Solicitors is Authorised and Regulated by the Solicitors Regulation Authority SRA No 00048529