Privately funded criminal defence lawyers

If you are confronted with a criminal allegation of any type, it can be a daunting and stressful experience. Likewise, being accused of a criminal offence, let alone being formally charged and/or convicted before the courts, can have severe ramifications from a personal, professional and reputational perspective. 

We have specialist expertise in privately funded criminal defence instructions for both individuals and businesses who are not eligible for legal aid. Call our criminal defence lawyers on 01206 217312.

It is vital to seek legal advice at the earliest possible opportunity to ensure you understand the precise allegation, and your specific rights, to ensure you are best placed to make an informed decision about how you wish to proceed.

We can provide you with initial advice and representation from the onset of any investigation and assist you at every stage of the process including those instances where proceedings are initiated before the Criminal Courts. 

Criminal offences 

Criminal offences that we can assist with include:

  • Assaults (common assault, grievous bodily harm (GBH) and actual bodily harm (ABH))
  • Bribery and corruption 
  • Business and corporate crime 
  • Controlling and coercive behaviour 
  • Criminal damage 
  • Domestic violence
  • Drug offences (possession, supply and conspiracy)
  • Firearms Offences
  • Fraud (including benefit fraud)
  • Harassment and stalking 
  • Health and safety offences 
  • Housing law offences
  • Internet offences
  • Malicious communications 
  • Murder and manslaughter
  • Offensive weapons
  • Proceeds of crime and money laundering 
  • Public Order offences
  • Road traffic and transport offences
  • Sexual offences (including rape, sexual assault and historic allegations)
  • Trading Standards offences
  • Theft, robbery and burglary 

The criminal investigation process

We provide expert legal advice and representation if you are accused of any criminal offence by the police, or indeed any other statutory authority. As part of the investigation process, suspects participate in a formal interview under caution, whether following arrest or otherwise having been invited to do so.

If you are required, or even requested, to participate in a formal interview under caution we can accompany you throughout the process. 

We will initially seek to obtain pre-interview disclosure from the investigating authority to ascertain the precise facts, and basis, upon which you are suspected of any respective allegation. We will advise you as to whether it is in your best interests to participate in the interview process, and if so the proposed course of action to take. In doing so, we will recommend whether you should answer questions put to you during the interview process or, alternatively, provide a written statement and thereafter exercise your right to silence.

During the investigation process, there are likely to be opportunities for us to provide formal representations to the relevant authority about the specifics of a case. This will enable us to give an early indication of how the defence sees the case and bring any shortcomings of the evidence to their attention. In our experience, this can often result in an investigation being concluded before formal proceedings are issued. 

The decision to charge a suspect

Prosecutors, in deciding whether to charge you with a criminal offence, must apply what is referred to as the ‘Full Code Test’. It is a two-pronged test, which assesses the evidence in support of an alleged offence and then whether it would be in the public interest in favour of issuing proceedings. 

1.    The Evidential Stage 

A relevant decision-maker must be satisfied there is sufficient evidence to provide a realistic prospect of conviction. This must be based on an objective assessment of the evidence and include the impact of any defence or other information presented by a suspect that they may rely upon. Cases that do not pass the evidential stage must not proceed irrespective of how serious or sensitive.

2.    The Public Interest Stage

If the evidential stage is satisfied then the relevant decision-maker must then consider whether it is in the public interest to decide to charge a suspect with an alleged offence. There is a range of factors that are taken into consideration. These are then balanced against one another when the final decision is reached. 

If a decision is initially reached to issue court proceedings against a suspect in accordance with the test, prosecutors are duty-bound to keep any such decision under continual review. On each occasion, they must remain content the test is still satisfied. In the event they are not able to do so, the case must not proceed.

Court proceedings

If you are charged with a criminal offence and the case proceeds before the Criminal Courts, we will advise you at each stage of the process. 

In the first instance, we will undertake a detailed review of the prosecution evidence they serve in support of the case against you and advise. We will take your formal instructions (including the plea, or basis of plea, you are likely to tender). 

  • If you seek to formally tender a ‘guilty’ plea, we will work alongside you to fully prepare and present the mitigating circumstances of you, and the case, to achieve the best possible outcome in terms of nature and/or length of any sentence.  
  • If you seek to formally tender a ‘not guilty’ plea to the allegation, we will assist you with the comprehensive preparation of all aspects of your defence case. We have experience in dealing with all types of cases. Our team frequently appears before Magistrates’ Courts locally and nationally. 

We also regularly deal with serious and complex cases heard before the Crown Court. In the event your case is due to proceed before a Crown Court, then be rest assured we have longstanding relationships with barristers. They are highly regarded counsel in their field of expertise and will be actively involved from the onset. We will discuss your options with you should such circumstances arise. 

Appeals

We acknowledge there are instances where things can go wrong within the Criminal Justice System. Issues such as failures pertaining to disclosure of prosecution material, mistakes within the trial process, or new evidence coming to light may lead to an unfair trial resulting in miscarriages of justice. For example, a defendant being wrongly convicted or being imposed a sentence that is manifestly excessive. Should you be confronted with such a situation, we will be able to advise on you the prospects of successfully appealing any such outcome. 

Record Deletion

Information held by the police is frequently divulged to third parties (such as employers), even in circumstances upon which an investigation did not subsequently result in a formal charge and/or a conviction.

Individuals seeking the deletion of non-court disposals or event history from the Police National Computer must complete a formal application confirming their eligibility and specifying the grounds relied upon for having the record deleted. The process requires presenting positive evidence to support a decision to remove someone’s records. We have experience in helping people make representations and/or pursue an application to have their police entries removed from their record.

Speak to a criminal defence lawyer

If you have been asked to attend a police interview, been accused of a crime, arrested or charged with a criminal offence, then please do not hesitate to contact our criminal defence lawyer, Tej Thakkar, on 01206 217312.