Criminal Defence

When someone first comes into contact with the criminal justice system, there is a tendency for them to immediately think the worst without any consideration to the strength of the evidence against them, the stage of the proceedings, and most importantly the gravity of the alleged offence.

Just because an individual may accept the truth of an allegation made against them, there are a wide range of factors which will still need to be considered by the courts in arriving at an appropriate sentence. A prison sentence represents the severest of sentences reserved for the gravest of cases. They are not passed lightly and there is increasing pressure on judges to use alternative means of punishment where at all appropriate given the well documented problems of overcrowding in our prisons.

The overall length of court proceedings will partly depend upon the nature of the offence which will in turn determine whether the matter will be heard in a Magistrates’ Court or Crown Court.

If a matter at the Crown Court is to be contested at trial, it might take anything from a matter of months to in excess of 12 months to conclude whereas you are unlikely to wait longer than a couple of months for a trial in the Magistrates’ Court. Crown Court cases usually involve more complex evidence and there are often a greater number of legal issues which must be resolved before trial. The trial itself will be heard before a jury and will therefore be a slower and more drawn out affair and which in turn affects court room availability and waiting times.

Once the investigating officers have exhausted all lines of enquiry, they will hand over any evidence gathered to a reviewing officer and often to a lawyer at the Crown Prosecution Service who will then consider the evidence and decide whether or not to charge the individual with one or more offences.

Vardags will work tirelessly to ensure that wherever possible a matter does not progress to charge. There are a number of alternative options available to the police to dispose of a matter. Where our client’s instructions would make it appropriate, we will engage with the police to ensure wherever possible that even where the evidential test has been passed, the matter is concluded by one of the alternative methods of disposal.

Given what is at stake in a criminal trial nothing can be left to chance and an individual facing trial must be assured that their lawyers are working tirelessly to both strengthen the defence case and exploit any weaknesses in the Crown’s evidence and by doing so afford them the best chance of acquittal.
If you are dissatisfied with your current lawyer, it is never too late to move to Vardags. We are experienced at taking over cases from other firms. Our innovative approach to the law can often get results which other firms cannot.

The decision to charge an individual with a criminal offence is based on a two-fold test. The first stage of the test involves an assessment of the strength of the evidence in the case. If there is sufficient evidence, the police must go on to consider whether a charge would be in the public interest. At this stage consideration will be given to whether the matter can be appropriately dealt with by way of an out of court disposal. In determining whether an out of court disposal is an appropriate alternative to charge the police will consider the nature of the offence, its seriousness, the impact upon the victim, and other factors such as whether the individual has any antecedents.

All criminal cases that are to be dealt with by the court system begin in the magistrates’ court. Where a person is charged with a criminal offence, they will need to attend court so that the case can be dealt with. The person that attends court charged with the criminal offence is known as a defendant. When a person is charged with a crime, they can either be released on bail with certain conditions (including attending the court hearing) or held in custody for the next available court hearing.