News from MTM Defence Lawyers

13 February 2012: MTM keeps training on course

Training and staying abreast of the latest thinking in the profession are at the heart of our approach to the law; it applies to everyone we employ and whatever their level of experience.

MTM Director Neil Hay recently attended a Law Society conference about giving advice to suspects at a police station and the latest legal developments following on from the Cadder case. The firm was one of the first to spot the enormous legal implications for Cadder of a ruling in a case (Salduz) in the European Court of Human Rights, where a person had been questioned by the police without having a lawyer present.

7 February 2012: MTM helps client in the High Court to avoid prospect of a 6 - 7 year prison sentence

High Court trials involve some of the most serious and challenging cases that we deal with at MTM. A client has been found not guilty of assault and robbery of a shopkeeper after a High Court trial in which one of our solicitor-advocates mounted a compelling and successful defence. The case for the defence was founded on extensive and detailed preparation and research, which was carried out by MTM over a period of almost a year leading up to the trial.

Had the client been convicted, he would have faced a prison sentence of 6 - 7 years. That’s a daunting prospect for anyone. Thanks to MTM’s careful work in and out of court, the client was, to his great relief, able to walk away a free man.

31 January 2012: MTM client found not guilty of failing to provide a specimen of breath

A client in a road traffic case has been found not guilty of a charge of failing to provide a specimen of breath to the police at a police station, in terms of Section 7 of the Road Traffic Act 1988.

The client was from Poland and spoke poor English. Critically, the MTM lawyer was able to persuade the Sheriff at the trial that the client had not fully understood the instructions given to him by police officers at the police station, in order for him to provide a specimen of breath. The client was acquitted of the charge.

26 January 2012: Exceptional Hardship Proof saves postman’s livelihood in road traffic case

MTM has successfully defended a client using an Exceptional Hardship Proof. We were able to save the driving licence of a postman who made deliveries in a van. Careful research and preparation, involving information gathered from his employer, was presented by MTM to demonstrate that he was very likely to lose his job if he lost his driving licence.

Skilled presentation by MTM’s lawyers meant that we were able to persuade the Judge that exceptional hardship would be caused to the client’s family if he lost his job. We outlined and substantiated our case which was based on the argument that he would be unable to support his family and that they would likely incur debt and have to move house. The consequences were demonstrated so compellingly, and with respect to other members of his family, that our defence was accepted.

20 January 2012: Exceptional Hardship Proof saves senior executive’s licence

A senior executive of a UK company with a requirement to attend business meetings across Scotland and the North of England has retained his driving licence thanks to an Exceptional Hardship Proof presented by MTM Defence Lawyers.

We were able to persuade the judge that the client would be likely to lose his job or be downgraded in his job in the event that he lost his driving licence, which was essential for him to be able to carry out his role within the company. Careful preparation meant that we were able to obtain and then present information regarding his family circumstances, particularly relating to the care of a member of his family who was unwell. Again, skilful advocacy helped to persuade the Court that this was a case where the client should not be disqualified from driving.

16 January 2012: Acquittals in the same Court at two separate Jury trials for serious crimes of violence cases

Two Jury trials in the same Court have resulted in acquittals for each client. Each was charged with very serious crimes of violence, and one additionally with a charge involving a severe injury, causing permanent disfigurement to the face of the alleged victim. Had they not been acquitted, they would almost certainly have been sentenced to long custodial sentences.

11 January 2012: MTM argues successfully against three prosecution witnesses in usual road traffic case – client acquitted of dangerous driving and an alternative charge

MTM has successfully defended a client against a charge of dangerous driving under Section 2 of the Road Traffic Act 1988 and an alternative charge of culpable and reckless conduct. The prosecution decided to charge the client with the additional alternative offence because, although the Crown was sure that the client’s conduct was criminal in nature, the prosecutor could not be sure which of the two offences he had committed. The charge stated that our client had driven off his vehicle at a time when a person opened the door and was trying to enter the vehicle, causing them to fall out of the vehicle onto the ground, suffering a substantial number of injuries

After a trial involving cross examination of three witnesses against the client an MTM lawyer was able to persuade the Sheriff that all three of the witnesses’ evidence was unreliable and the client was acquitted of both charges.

11 January 2012: MTM contests poor quality of evidence in assault case

The prosecutor in an assault case against an MTM client has discontinued the prosecution in the middle of a trial. The case involved a client accused of causing injury by punching a person who then fell over, striking their head on a television stand, suffering a serious injury to the back of their head. MTM was successful in demonstrating the poor quality of the prosecution evidence against the client, who was found not guilty after the case was dropped.

22 December 2011: Unusual application to the Justice of the Peace Court successful in uninsured taxi driver case

An MTM client driving without insurance has benefited from a successful and highly unusual application to the Justice of the Peace Court.

MTM argued that there were special reasons why the client’s licence should not be endorsed and why he should not be disqualified from driving. Our case rested on the fact that his estranged wife had stopped paying the insurance premiums for his vehicle without telling him.

We entered a plea of “special reasons” in terms of the Road Traffic Offenders Act 1988, which resulted in our client being simply given a warning. The case had a particular significance in that the driver concerned was a taxi driver; if he had been disqualified he would have also lost his livelihood.

15 December 2011: MTM comments on Carloway Report in leading legal journals

In the aftermath of the Cadder case and the ruling in the European Court of Human Rights, upheld by the UK Supreme Court, the Carloway Review was established to look into procedure surrounding the questioning and detention of suspects.

Following Lord Carloway’s report in November 2011, MTM has been widely quoted in the Law Society Journal and has contributed a piece to The Firm magazine, looking at the post-Cadder legal landscape. Solicitor-Advocate Martin Morrow explores the legal and political background to the Carloway Report, some of its unintended consequences and its potential impact on the court system.

Links to both pieces can be found here: http://www.firmmagazine.com/features/1065/The_Genie_and_the_Bottle.html and http://www.journalonline.co.uk/Magazine/56-12/1010537.aspx

18 November 2011: Legal education appointments for MTM

Neil Hay of MTM has been invited to lecture undergraduates at Edinburgh Napier University on the Scottish Legal System and the role of the criminal defence lawyer.

In the light of work at Edinburgh Napier University, Neil Hay has also been invited to join the Professional Practice Committee of the Centre for Law.

18 November 2011: Businessman avoids disqualification due to MTM plea

An MTM defence of exceptional hardship proved decisive in the case of an Edinburgh businessman charged with using a mobile phone while driving. Already on 9 points, the client received a further 3, but, critically, avoided being disqualified after MTM successfully entered a plea of exceptional hardship. The businessman had recently invested some £250,000 in a restaurant; disqualification would have made it extremely difficult for him to have run his business, which employed a number of people.

10 November 2011: Senior director of national company retains licence

The consequences of losing a licence can be disastrous for anyone, and particularly for senior business executives whose jobs require them to be fully mobile. A senior director of a large national company has retained his licence despite driving at almost twice the 30 mph speed limit in a built-up area. Again, MTM’s advocacy meant that the client avoided disqualification.

19 October 2011: Client acquitted of serious assault despite Crown evidence from three eyewitnesses

An MTM client has been acquitted of a charge of a very serious assault involving an attack on a person with weapons that caused serious injury. Crown evidence included the testimony of three eye witnesses who attested they saw our client attack a man with a hammer. The Crown case also put forward evidence that a hammer with blood on it was found in our client’s vehicle.

Extensive medical research by MTM into the complainer’s injuries, accompanied by detailed cross-examination of the Crown witnesses brought the case to a conclusion in favour of our client. The Jury were asked to acquit our client on the basis that the very serious and extensive assault as described by the three Crown witnesses was unlikely to have caused the man’s injuries and did not match the their description of how he received these injuries. Our client was duly acquitted based on the inconsistencies uncovered in the Crown’s evidence by the MTM defence team.

12 October 2011: Young client saved from ‘lengthy’ jail sentence

Ten months is a long time when you are 16. An MTM client was recently facing the prospect of spending that time in jail, having been convicted in the Sheriff Court of a number of charges of breach of the peace. MTM was able to persuade the Appeal Court to makes the sentences concurrent, which meant that the sentence was reduced to five months. The client was immediately released as he had already served the time, so he was able to go free five months earlier than anticipated.

6 October 2011: MTM Defence Lawyers admitted to Legal 500

MTM Defence Lawyers has been included in the The Legal 500, the legal profession’s 'industry bible' of recommended firms and practitioners, and the largest and most in-depth survey of the legal market in the UK. MTM’s inclusion is an acknowledgement of the firm’s expertise and service delivery to clients. All firms that apply for admission are rigorously vetted in a process that involves detailed client interviews and measurement against a range of professional standards.

MTM is the only criminal defence firm in Falkirk and Stirling to be represented in the Legal 500 (www.legal500.com), which has been published for over 20 years and includes recommended legal service providers in over 100 countries worldwide. The Legal 500 is used by private and commercial clients, including corporate counsel, chief executives, financial directors and professional advisers - as well as by other referrers of work both nationally and internationally. The Legal 500 series is widely regarded as offering the definitive judgement of law firm capabilities.

16 September 2011: MTM largest legal aid provider in Central Scotland

In the recent Scottish Legal Aid Board Report for 2010/2011, MTM Defence Lawyers was once again the largest provider of legal aid services in the Central Scotland area, which includes Falkirk, Stirling and Alloa - in all types of legal aid. The firm is the largest provider in relation to all solicitors of whatever kind of legal aid, not just legal aid in respect of criminal law cases. The firm is also the largest provider of criminal legal aid in the Central Scotland area.

19 August 2011: Diligent research leads to acquittal in road traffic case

An MTM client has been cleared of a road traffic offence that would have cost him his licence had he been convicted. The client was facing the lesser used charge of driving while unfit through drink or drugs.

Witnesses had spoken of the accused being clearly intoxicated. However, research by MTM revealed that he had been separately tested for alcohol; the test had proved negative. MTM also discovered that, although not immediately apparent, the accused had been seen by a doctor who had passed him ‘fit’. Once again, diligent and persistent research led to the prosecution dropping the case.

27 July 2011: Client cleared of serious assault charge

In another challenging case, an MTM client was acquitted of a charge of serious assault. Once again, painstaking preparation and presentation led to a successful outcome for an MTM client in the Sheriff and Jury court.

15 July 2011: Not guilty pleas accepted by the prosecution on two related charges

An MTM client has been cleared of two separate charges of attacking two individuals with a weapon. The client was acquitted following diligent preparation work which undermined the reliability of prosecution witnesses in court. In each of these very serious cases a ‘not guilty’ plea was accepted by the prosecution.

22 June 2011: Detailed MTM research in drugs case leads to minor fine for client rather than a custodial sentence

An MTM client who pled guilty to a very serious charge of being concerned in the supply of controlled drugs has received a small fine rather than a custodial sentence.

The client had been found in possession of drugs to an estimated value of just under £700. Detailed research by a member of the MTM legal defence team discovered exceptional circumstances which allowed the Sheriff to take the view that this was a case which could be dealt with by imposing only a minor fine.

In the usual run of things, a person convicted of supplying controlled drugs would face a prison sentence; in this case, the diligence of MTM saved the client from that eventuality.

16 June 2011: MTM challenges jury composition

An MTM solicitor has challenged the composition of the assize of jurors selected to hear a trial at a Sheriff Court. The solicitor was concerned that jurors ultimately selected would be from a restricted age range, rather than the broad spectrum of society.

Although the challenge was unsuccessful, it highlighted the need for solicitors to be vigilant in such matters. Challenges may be rare, but it is important that clients appear before juries that reflect society and whose members have as many life experiences as possible.

9 June 2011: Successful submission of no case to answer

An MTM solicitor has successfully persuaded a Sheriff that there was no case to answer in a case involving a client who had been charged with an aggravated violent offence under the Dangerous Dogs Act 1991. MTM’s submission was that there was insufficient evidence to corroborate the allegation against the client. The client was subsequently saved from a possible conviction and custodial sentence. The dog was saved from the possibility of a destruction order.

1 June 2011: Summer Newsletter

MTM Summer Newsletter

31 May 2011: MTM interviewed on Supreme Court role

Martin Morrow is interviewed by STV's Bernard Ponsonby following the First Minister's comments on the role of the UK Supreme Court

27 May 2011: Supreme Court has enhanced Scots law not detracted from it

In a lead-page letter in The Herald, Solicitor Advocate Martin Morrow sets the record straight about the role and remit of the UK Supreme Court in light of the First Minister's comments

27 May 2011: Reputation restored on appeal in racial conduct case

An MTM client, a person of unblemished character and with hitherto no previous convictions, has been cleared of a conviction for racial conduct under the Criminal Law Act 1995. Our client, a gentleman in his sixties, had always denied committing the offence, but had been convicted at Falkirk Sheriff Court.

MTM appealed against the conviction. At the appeal hearing at the Court of Criminal Appeal, the Crown conceded that the client had not received a fair trial and the Court agreed to quash the conviction. However, the Crown asked for a re-trial.

MTM once again stepped in and we were also successful in persuading the Court that the Crown should not be allowed to have a second trial. This saved our client from yet another trial for the same alleged offence that he had denied committing all along. Our client was able to walk away with his reputation untarnished and his standing as a respectable member of the community completely intact.

9 May 2011: Fines overruled and re-assessed

An appeal client who had been convicted of a course of conduct of stealing diesel from garages and also of driving without insurance has had all his fines radically reduced.

MTM appealed against the imposition of the fines applied by the Court, and in all four charges an MTM Solicitor Advocate was successful in persuading the Court that the initial fines had been excessive and that they should be reduced. As a result of the work we did in this case, the fines in the JP Court were overruled by the Appeal Court, which imposed new fines at only half the level that had previously been imposed.

26 April 2011: New rules on proof of income

The Scottish Legal Aid Board, which funds all publicly funded cases in Scotland, has recently introduced new rules regarding applicants’ proof of income. As a firm of defence lawyers, MTM is now required to provide proof of clients’ income to the Board as part of the funding process for their cases. Legal Aid is a public service and as such the scheme is open to the highest levels of scrutiny and accountability.

As one of Scotland’s leading defence practitioners, MTM has rigorous systems in place to ensure compliance with the requirements of SLAB. The firm makes regular applications to the Board on behalf of clients and has proven expertise in legal Aid work. In practical terms, the firm will now be asking clients to supply bank statements.

Clients are now being asked to bring with them proof of income to any legal consultation. Such proof can be a bank statement, a DSS statement of benefits or a print-out from a post office account. Having such information to hand will speed up the process for the client and help to push their case through the system.

15 April 2011: Cadder case implications lead to wider review

The implications of the Cadder case continue to be felt throughout the legal establishment. A recent consultation paper concerning Police arrest and detention, evidence requirements and possible limits on rights of appeal are all up for discussion in a consultation paper, published as part of a review under Lord Carloway.

The review was set up immediately following the Cadder decision in the UK Supreme Court last October, on the rights of suspects in police detention to legal advice, and the emergency legislation pushed through the Scottish Parliament altering the time limits for police detention and making changes to rights of appeal. Above all, the review is based on looking at the practical investigation of crime and what happens when a person is deprived of his/her liberty during that investigation

The review’s terms of reference are to look at the law and practice of questioning suspects in the light of recent human rights decisions, and the implications for criminal evidence; the extent to which the emergency Act may need reconsideration or replacement; and to make recommendations for further changes.

Covering the four main themes of key elements of custody, key stages of custody, evidence, and appeals, the paper poses 34 questions intended to help shape the discussions. Among them are questions such as: whether the requirement for corroboration should be abolished; whether the court should be allowed to draw an adverse inference from an accused's silence; what rules should govern police questioning; and when should a suspect’s right to legal assistance arise.

These are fundamental issues at the heart of delivering justice. MTM will be taking part in the consultation, promoting the interests of defence clients – just as the firm did in its public response to the issues around the Cadder case itself. The results of the review, which includes the consultation, will be published in the autumn with a list of recommendations.

Neil Hay is interviewed by Martha Kearney on Radio 4's World at One about the Cadder case.

12 April 2011: Disqualification period reduced

In another appeal case, this time of drink driving with a level of alcohol over three times the legal limit, an MTM Solicitor Advocate has succeeded in persuading the Appeal Court that a discount in the period of disqualification should be allowed to the offender, given that he had pled guilty at the first opportunity. This was a novel situation and the Solicitor Advocate was able to persuade the Appeal Court to set a new precedent

The Sheriff had imposed a sentence of 30 months disqualification. Following careful research, the MTM Solicitor Advocate uncovered new legal cases which suggested that the disqualification period imposed was too high. Submissions based on this new information were instrumental in securing the discount in disqualification.

31 March 2011: Driver keeps his job by avoiding disqualification – despite previous ban for drink driving still being in force

Being disqualified from driving is one of the surest ways of losing your livelihood – and the prospect of any other job.

MTM recently saved a client from all this, in circumstances that were anything but promising. The client had been caught driving a motor vehicle before a previous ban for drink driving had expired. In such cases, a Sheriff will normally move to impose a period of disqualification as well as a community service order.

Submissions by MTM, based on extensive research of the law, meant that the firm was able to persuade the Sheriff to resort to neither option, but to impose penalty points instead. It meant the client got to keep their licence - and their job.

16 March 2011: Client in serious assault and robbery case saved from lengthy prison sentence – despite eyewitness evidence

An MTM client has been successfully defended in case of serious assault, which would have almost certainly resulted in a prison sentence of many years had a conviction been secured by the prosecution.

The client was charged with breaking into the home of an elderly lady, committing a serious assault upon her and attempting to rob her.  After a four-day trial, the Jury was persuaded to acquit the accused of the charge, despite the fact that there was evidence from an eyewitness that he had committed the crime.

The seriousness of the case meant that a conviction would almost inevitably have resulted in the accused being sent to the High Court of Justiciary for sentence. A sentence here would have resulted in imprisonment for many years.

9 March 2011: Six-hour detention becomes 12-hour detention

Under the new legislation, the six-hour detention period is now extended to twelve hours. So a person can now be detained in relation to a crime punishable by imprisonment and taken to a police station for a period of up to twelve hours. After that time the person must either be arrested or released. However, in unusual circumstances the police can detain a person for a further twelve hours.

25 February 2011: Accused seeks specialist advice in highly unusual case

It is not every day that MTM is called upon to assist a person facing a charge of bigamy. Cases involving such a charge are extremely rare and often highly complex. MTM has assisted a client in just such a case, where the accused person specifically sought out MTM for its specialist expertise in a case heard in the Sheriff Court. In this case, the client ultimately decided to plead guilty. The case, which attracted a good deal of media attention, resulted in a much reduced sentence of a community service order rather than a custodial sentence.

11 February 2011: Different clients – same result

Effective legal representation calls for versatility and breadth of experience. This was proved once again at three separate trials in one day in the Sheriff Court.  Clients in all three trials were represented by the same MTM defence lawyer.

Two trials related to domestic assault and the third related a charge of sending offensive text messages under the Communications Act 2003.  Winning all three trials in the same day was a huge relief for all of our clients and emphasised the range of circumstances in which we are called upon to defend clients.

27 January 2011: Client in serious assault case receives not proven verdict

A Sheriff and Jury case, relating to a very serious assault of ‘glassing’ a person in the eye with a pint beer glass, has ended with a ‘not proven’ verdict against an MTM client. Convictions in such cases would come with a prison sentence resulting in years in jail.

MTM’s representation meant that the Jury was persuaded to find the charge ‘not proven’. Once again, MTM’s expertise has had adirect impact on the course of someone’s life and prospects.Conviction would have led to a quite different life for the client, their family and their future…

14 January 2011: One client, two trials and two acquittals – all in one day

An MTM client has been acquitted twice in one day, on charges that would almost certainly have led to a custodial sentence if the person had been convicted.

The charges against the client were: a breach of the peace by intimidating and threatening his ex-wife; and breaching a special condition of bail not to approach or contact his ex-wife. With both trials relating to the same alleged victim, a prison sentence would have been the most likely outcome upon any conviction. Our client was all too aware of this and was consequently highly relieved and delighted to be acquitted thanks to expert representation.