Crime
Peter Furness and Chris Bunting are Partners in charge of our Criminal Law Department, providing specialist legal advice to those arrested and questioned at the police station.
We have a combined experience of over 60 years dealing with criminal defence, and are committed to this area of law.
Our Criminal Lawyers are:
1. Mr Peter Furness
2. Mr Chris Bunting
3. Mr Jonathan Willis
4. Miss Jane Scott
5. Mr Carl Swift
6. Mr Jonathan Harley
For clients detained in a Police Station our advice is always provided free, regardless of your personal financial circumstances. One of our lawyers is always available every day of the year, 24 hours a day, to attend to clients detained by the Police.
For court cases, we will first assess your eligibility to legal aid. If you were not to qualify, then we can usualy offer very competitive fixed fee work for court representation. If you would like us to quote you email enquireis@clarkwillis.co.uk or call us on 01325 289 849
All our criminal lawyers are members of the Legal Services Commission's Police Station Duty Solicitor schemes, in Bishop Auckland, Newton Aycliffe, Catterick, Richmond, Northallerton, and Darlington.
Remember:
- Everyone should have legal representation if being questioned by the Police
- We are independent of the Police
- We act exclusively on behalf of the defence in criminal matters
If you wish to email an enquiry send it to - enquiries@clarkwillis.co.uk
Your Rights at the Police Station
Your rights whilst detained at any police station are set out in the Codes of Practice to the Police and Criminal Evidence Act 1984. One such right is having a solicitor advise you for free. When you arrive at the police station ask the police officers to call us – they will probably be expecting it in any event. If for some reason we cannot get to you and the Police insist on proceeding then you must ask for the independent Duty Solicitor who will be contacted and will call you within 45 minutes. You should be able to speak to them on the telephone initially and if there is a need, in person. There is no restriction on the amount of free legal advice you can receive.
The police will have to provide your solicitor with information before they interview you which we call ‘Disclosure’. Your solicitor will then speak with you privately before the interview begins so he can advise you upon such matters as the applicable law, the procedure, the right to silence, the advantages and disadvantages of answering police questions etc. Without a solicitor present they are unlikely to tell you anything about the case until the interview commences. When you arrive at a police station you have the right to have someone else notified of your arrest. Usually the Police will let you use the phone to do this but in some circumstances they will do it for you. This is your opportunity to notify concerned relatives or friends.
In addition to having the police notify someone of your detention you have the right to make a telephone call. You will have to provide the police with the name and telephone number of the person concerned. Your call will not be private so make sure you do not discuss the reason for your arrest or say anything that might be used against you.
In almost all cases the police only have the power to detain you for a maximum of 24 hours from the point that your detention is authorised (which is usually when you are booked in. When that expires they will either have to release you or charge you with an offence.
In very limited circumstances the police can apply to a Superintendent and then to a Magistrates Court for an extension to this time period for up to 3 days. Your rights, and in particular your right to free legal advice continues throughout this period. Remember that in Military Police Interviews you are rarely under arrest and so you are free to leave the police station at any time. (see below). Whilst in the Police Station, you should be kept in reasonable conditions and be provided with suitable food and refreshments. If you are unwell or need to take medication you must tell the police so that a doctor can be called to see you.
If you are worried about a friend or family member who has been arrested and you are concerned that they may not be aware of their rights call us so that we can provide them with legal advice. The best advice we can give you without knowing anything about the allegation is; no matter what you are arrested for and no matter what the police may say to you, insist on speaking to a solicitor on the telephone as soon as you arrive at the police station. When you speak to the solicitor ensure that he or she will be attending the police station to represent you in person and inform the police that you will not be answering any questions until your solicitor is present.
For further information on our Courts Martial work see below:
The Courts Martial
Members of Her Majesty's Armed forces are subject to military law and the Courts Martial system, which is a separate criminal justice system to that of the civilian world. It is principally governed by the Army Act 1955 and subordinate legislation.
Any Regular, Reserve or Territorial member of the Royal Air Force, Army or Navy or any civilian living abroad who falls under their jurisdiction is liable to be tried by Court-Martial. Generally speaking a person will be tried by either a District or General Courts-Martial. A District Court-Martial has limited powers of sentence, being capable of imposing a maximum of two years imprisonment whereas a General Court-Martial has unlimited powers, subject of course to the maximum statutory limits. Officers must be tried by General Court-Martial. Warrant Officers can be tried by either.
In addition to the Judge Advocate, a District Court-Martial usually has a minimum of three Officers sitting whereas at a General Court-Martial it is usually five. Judge Advocates are full time Judicial Officers appointed by the Judicial Appointments Commission.
The Prosecution of Offences
All three branches of the Armed forces have their own prosecuting departments. It is usual to expect each service to prosecute its own members.
The Availability of Army and Civilian Legal Aid Funding
With years of experience in representing members of the Armed Forces and with our office situated in the centre of Catterick Garrison we believe we are well equipped to assist services personnel with interviews by the services police, and to represent them at Courts Martial anywhere throughout the world.
Courts Martial and Summary Appeals Courts
If you find yourself facing a Courts Martial you have the right to be represented by an independent solicitor and or barrister. You will also be able to apply to take advantage of the Legal Aid Scheme, operated and administered by either the Army, Royal Air Force and Navy, who may depending on your own financial position, pay some or all of your legal fees. In some cases you may have to make a contribution toward your legal fees however.
Military Police Interviews
If you find yourself being investigated by one of the branches of the service police, then regardless of rank or income you are entitled to have a solicitor represent you FREE OF CHARGE in any RMP, SIB or Civilian police interview. That right is enshrined in the Police and Criminal Evidence Act 1984. The police will usually arrange for a lawyer not connected with your own branch of the services to represent you, but if there is a conflict of interest or you simply would prefer to consult with a solicitor not connected to the military then you can. Even if you are outside the UK, you still have the right to choose a non military solicitor.
We always advise service personnel to seek early legal advice regarding any potential service police investigation and in particular, to have an experienced solicitor who is used to dealing with the Armed Forces present at any interview. We have years of experience of assisting servicemen abroad at short notice and FREE OF CHARGE. Between them our lawyers have regularly attended military interviews in the UK, Germany, Northern Ireland and Italy.
For specialist advice and attendance please contact us:
(01325) 745 696 - Mobile – (07986) 869 273 email enquiries@clarkwillis.co.uk
Military Law and Your Rights
Some military offences under the Army Act 1955 often have no equivalent in the civilian world, such as desertion, and absence without leave which simply reinforces the need to have expert lawyers on your side. There are of course multiple rules and regulations contained within the Adjutant General’s Administrative Instructions (the AGAI).
The Disciplinary Process
Service personnel who fall foul of the rules and regulations are subject to a range of sanctions and disposals. Very minor matters may be dealt with by an individuals OC by way of a minor sanction. More serious matters will go before their CO. In many cases the CO will decide to deal with the case, and will proceed with a mini form of trial. Witness evidence is called, or read out if it is agreed, and the CO determines the case.
The procedure for dealing with such matters is set out in the CO’s ‘Guide to Summary Dealings’ and must be adhered to. However if an individual disagrees with the CO handling the case then they can elect a courts martial.
Summary Appeal Courts
Service personnel now have the right to appeal against either the conviction or sentence by a CO to a Courts Martial which takes the form of a Summary Appeal Court (SAC). Many take up this opportunity and are successful in overturning the CO’s decision. The penalty in an SAC cannot be increased, it can only go down or stay the same.
Legal Aid is available
Formal Preliminary Examinations
An FPE may be called for by the Prosecuting Authorities where the police feel that charges should be brought. You have the right to be represented at these proceedings as they are effectively a trial, although there is no judge. What happens at an FPE can significantly affect what happens to your case. Army Legal Aid is available for FPE's.
Police Investigation
The Royal Military Police (RMP) and their Special Investigations Branch (SIB) have the power to arrest and detain individuals who are suspected to be involved in criminal offences in order to question them.
These are interviews into criminal allegations by military police officers. Usually you will not be under arrest but a volunteer. The police do however have the power to arrest you and detain you for questioning. The RMP or SIB will be reluctant to provide you with any information about the allegation against you, if a solicitor is present this information will be made available so that you can be correctly advised. Having a solicitor present with you is free and may safeguard your future liberty and prevent any possible discharge.
