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Crime

Crime

As a result of government changes from 14th July 2010 I ceased taking on Legal Aid funded crime cases. I am still available to do privately funded work.

Few problems in life can be as traumatic as finding yourself on the wrong side of the criminal law. Whoever you are and however it happened, you need support and expert assistance.

The availability of Legal Aid to pay for representation at the Police Station and Court has been restricted as part of government cutbacks. Further restrictions are likely. As a result I have ceased to do publicly funded (Legal Aid) Criminal work. If you are seeking representation in a criminal investigation or your defence then please note the following information.

Representation at the Police Station.

Currently if you are to be interviewed under caution you entitled to free advice regardless of your means. This may be limited to a phone call to a duty solicitor or if serious enough the duty solicitor can attend you at the station and sit in on the interview. You will be given the chance to have one of the Duty Solicitors or a solicitor of your choice who does Legal Aid If you wish to instruct a publicly funded defence solicitor on the island please go to the bottom of the page for a list of those who have a Legal Aid contract. If you wish to instruct me see my charges below. *

Representation at a Department of Work and Pensions or Council benefit fraud investigations.

People who are on a low income and pass a financial eligibility test (If you are on JSA or Income Support this test is automatically passed) can arrange to have a Solicitor attend an interview under caution at no cost to them. To arrange this you will need to contact one of the firms with a criminal legal aid contract.

* If you wish to instruct me to attend the Police Station or any other criminal investigation interview under caution on your behalf then you do so on the basis:

1. That you know you have chosen to forgo the free service.

2. That you accept my minimum fee of £300 plus VAT at the current rate.
(17.5% until 31.12.10 and then 20%) currently a total of £352.50

This is payable in advance and covers travel to and 1 attendance at any Island Police Station for up to 2 hours. Thereafter my normal hourly rate of £200 will apply. For attendance at a mainland location we would need to agree fees in advance.

If you have notice of the intention of the Police to seek an interview with you then you will need to contact me urgently to make arrangements. If leaving a message or emailing please leave your contact details.

If you are already under arrest when you seek my services we will both need to be clear that you will meet my charges immediately upon your release and that you understand your right to use the free Duty Solicitor service but have chosen not to.

Court Proceedings.

If you have been or expect to be charged then you will need to consider your options for representation at court. There is normally a Duty Solicitor at court who is allowed to assist for no cost to the client anyone who is charged with an offence which includes in the range possible penalties the option of prison. (That does not mean prison has to be likely, merely that is possible) This may be your best option if you intend to plead guilty or want some free advice as to your options. Eligibility to see the Duty Solicitor is not currently means tested.

If you are on a low income or a pass-ported benefit such as JSA or Income Support then you should consider contacting one of the firms with a Legal Aid Contract in crime who will help you make your application for public funding. See the list at the bottom of this page. There is also a merits test and you may find Legal Aid refused for matters which are considered minor by the courts.

But some offences which do not carry possible prison can have serious consequences for the individual either due to possible loss of driving licence or the harm a conviction of any sort would cause to that person's reputation.

If you are not eligible for Legal Aid or wish to instruct me on a private basis in any event then please send me you contact details, the court date and charge so that I can make arrangements to see you.

Other sources of funding your case may include legal cover in your motor or home insurance policy.

For Legal Aid eligibility details follow this link.

The cost of a criminal defence case is so variable that I will need details before I can give you an idea. If you are found not guilty it is probable that you will recover some or most of you costs from the state. But this is subject to an after the event assessment which may disallow some costs.

Attending one hearing to mitigate on a guilty plea at an Island court will cost £300 plus VAT. Thereafter my normal hourly rate of £200 will apply. A mainland court attendance will require agreement as to costs in advance.

For further assistance or advice, please do not hesitate to contact Mr Hounslow or his assistant on (01983) 566241 or alternatively on the following email addresses:

John Hounslow    Solicitor                                                            johnH@wphiow.co.uk 

 14.7.10

Legal Aid and paying for our services.

This firm no longer does Legal Aid  funded criminal cases.

Legal Aid in the court is merit and means tested.If you are in receipt of Income based JSA or Income Support or you are on a low income you will pass the means test. The test does not apply for persons under 18. Please have details available when you contact a solicitor including your National Insurance number and any court dates. If you have a partner who is not involved in the case they may have to sign the forms as well.

 

Police Station Duty Solicitor

If you are arrested or at the police station as a voluntary attendee you are entitled to free legal advice from either your solicitor of choice or the Police Station Duty Solicitor who on the Island is one of nine Rota members from private firms. who run a rolling 24 hour duty arrangement. You may initially be referred to an adviser on the telephone but if the matter is serious a solicitor will be available to attend. The duty solicitor is not in any way a second class option. Do not be put off calling a lawyer. He or she may be able to help by phone and if not the slight delay may save you from serious consequences . It is especially important if you feel you are innocent to have someone on your side. Even if you feel you are guilty you may well benefit from the advice of someone who can avoid you getting yourself in to even more trouble. There are restrictions on the right to have a Duty Solicitor attend at the Police Station in certain cases, mainly ones where nothing would be achieved by attendance.

Examples include:

  • Arrests on non-appearance warrants where the detained person must be kept in custody until the next available court.
  • Drink driving cases where there are no other factors. You are not entitled to delay the drink driving test procedure until you have spoken to the Solicitor.

You are still entitled to speak to a solicitor on the phone about such matters. 

Court Duty Solicitor

There is a similar duty scheme at the Magistrates Court initial advice and possibly representation will be available free from the Court Duty Solicitor at a first hearing.

There are restrictions placed upon the duty solicitors as to who they can help. They cannot:

  • Advise or speak for persons facing charges where the maximum penalty does not include prison. If you cannot possibly go to jail for the offence the Government has decided you are either on your own or if you want a Solicitor you or some one on your behalf will have to pay. (You should check with your insurance company especially if it is a driving matter.)
  • What they cannot do as Duty Solicitors is run a not-guilty trial. As duty on the day of the hearing all they can do is advise you briefly and on the day of the trial that is often too late to do much good. So if you have a case which needs a Solicitor then get him or her involved as soon as possible. If not at the Police Station then as soon as you can.
  • If you are in the Court cells you are always allowed help whatever the charge.

The Court Duty Solicitor Rota is run by the same people as those who run the Police Station Duty Solicitor scheme. There are currently 9 members on the Isle of Wight  Rota.

ISLE OF WIGHT DUTY SOLICITORS DIRECTORY.
Name Firm Office                                  Phone                                  Fax

Roach Pittis Newport
BARRY ARNETT                                  524431                                525971
KEITH VERRINDER   and  LEE PECKHAM          

RJR Soicitors

RON GOULD              Ryde 62201 Npt 526924      Ryde 616602 Npt 821249
LIZ MILLER                

OSCAR VINCENT   VECTIS LAW          533006

ROGER MERRY      MERRY AND CO     811722                   811243

ROBERT TWELL    TWELL & CO          539999                   539988

HENRY FARLEY     CHURCHERS PORTSMOUTH 0239 2862424 02392 861880



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