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The importance of examining the evidence

My client was charged with driving without due care and attention at Redhill Magistrates’ Court. The other driver claimed that my client had rammed him! Fortunately, photographs existed of the damage to the vehicles. These photographs confirmed that the damage was consistent with a side on side collision, rather than…

Use of Visual Aids in Court

On May 1, 2013, Posted by , In Accidents,Disqualification,Road Traffic, With No Comments

I represented a probationer driver (within 2 years of passing his test) at Redhill Magistrate’ Court. He was charged with failing to stop and failing to report an accident. The two charges could attract up to 10 penalty points; being a probationer driver he would lose his licence if he…

Listening Skills

On April 30, 2013, Posted by , In Speeding, With No Comments

At Guildford Magistrates Court, I represented a client charge with speeding (96 in a 70) on the A3. He already had a number of points on his licence and was in danger of being disqualified. I was able to persuade the Court not to disqualify by explaining his personal circumstances;…

Negotiations

On April 30, 2013, Posted by , In Teaching Role, With No Comments

5 stages to successfully negotiating a guilty plea Here is a five stage approach to a successful guilty plea. The scenario is a criminal matter in the magistrates court, but the principles apply equally in any negotiation. Stage I : Prepare your groundwork a) Read the prosecution papers. Is it…

Enterprise Act 2002

On April 19, 2013, Posted by , In Enterprise Act 2002,Private Crime, With No Comments

I was recently instructed to represent a client who is being investigated by the Office of Fair Trading for criminal offences under the Enterprise Act 2002. Criminal offences under the Enterprise Act are intended to deter engagement in cartel offences, i.e.: • price-fixing; • limitation of supply and production; •…

Drink/Drive Offence

On April 2, 2013, Posted by , In Drink driving, With No Comments

The prosecution is bound by the rules of law and procedure. These rules exist to ensure fairness and justice. It is my job to exploit any failure by the prosecution to apply these rules correctly. In a recent drink/drive case, I exploited such a breach in favour of my client….

Teaching clients

On March 14, 2013, Posted by , In Teaching Role, With No Comments

Organizations who have received training from Andrew Henley: Ministry of Defense, Army Legal Service; Surrey Police; The ‘Inn Group’ of 16 Central London Law Firms; Mishcon de Reya Solicitors; Smith and Williamson Solicitors; Government of Bermuda; Furnival Chambers; Access Data.

Avoiding an inevitable immediate custodial sentence

On March 11, 2013, Posted by , In Fraud,Private Crime, With No Comments

Recently, two clients sought representation in relation to a £66,000 fraud charge. According to the Sentencing Guideline Council, immediate custodial sentences were inevitable. In this particular case, both defendants avoided going to prison, one of them appearing at the Crown Court at Isleworth. A great many things can be done…

Driving Ban

On January 9, 2013, Posted by , In Disqualification,Road Traffic,Sentencing and fines, With No Comments

A driving ban means exactly that, and when it is imposed it takes immediate effect. Recently a disqualified motorist ignored the warnings from the Magistrates and drove away from court after his ban was imposed! He was returned to court and sentenced to eight weeks imprisonment for the offence of…

Avoid the Temptation to Lie

On January 8, 2013, Posted by , In Private Crime,Road Traffic,Speeding,Uncategorized, With No Comments

A driver paid a friend to accept a speeding conviction on his behalf. The authorities found out and the driver was convicted of perverting the course of justice and sentenced to five months imprisonment. Instructing a quality lawyer in Surrey will always be more sensible than trying to lie your…