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Am I entitled to a solicitor if I am arrested?

Hi there,

My name is Genan Hashim from Ison Harrison Solicitors. We have 12 branches throughout Yorkshire.

The first thing to know is if you have concerns regarding your brother in law’s welfare you should notify the prison immediately. Ring them on 0161 817 5600 and give his full name and DOB. They can then make sure he has an assessment and gets the help and support he needs when he is in custody. The solicitor that dealt with the matter may have done this but it is important the prison know this and can ensure he is looked after.

To find out who the solicitor was the magistrates court will be able to tell you. If you ring them and explain that you need to locate the solicitors they will be able to look on their system. Again, they will need his full name, DOB and the date he appeared. The solicitors will send a letter out to him and that will have their details on and hopefully he will have that shortly.

When assessing the appropriate sentence the court will take into consideration that he pleaded guilty at the first opportunity, that he has no previous convictions and the fact that he was clearly unwell at the time of the incident (which is evidenced by him being hospitalised). Sentence is matter for the Judge and consideration of a suspended sentence would be something that he/she would consider. It is impossible to give a percentage chance of such a sentence but it is well within the court’s powers and given his background as you have outlined and the factors in this case it is likely this will be a consideration for the Judge. The probation service will also carry out an assessment of your brother in law and make recommendations as to alternatives to prison and consider what support he needs so they can work with him in the community. The starting point would be 18 months in custody but the Judge would apply the mitigation factors to reduce that. Any sentence of 2 years or less is able to be suspended.

If you would like a confidential chat, please call me directly on 0113 200 7402 or email genan.hashim@harrisonbundey.co.uk

Best Wishes,

Genan

Sentence for Premeditated ABH & Common Assault

To cut a long answer short, no, the county court is a civil court, perverting or attempting to pervert the course of justice is a criminal offence under the common law. On a theoretical level, you could bring a private prosecution, commenced by laying an information in the magistrates court.

On the basis of the information that you have provided, it is not possible to advise on the merits of such a course of action, ie as to whether you have a case. Anyone can bring a private prosecution but the Crown Prosecution Service have a statutory right to adopt any such prosecution and this can result in their making the decision to continue it themselves or to discontinue it.

As I say, from the information provided it is impossible to say whether there is merit in the case either against the insurance company as an entity or any individuals within the organisation but a private prosecution is likely to be an expensive exercise and they would doubtless utilise all of their resources to fight any conviction. Tread very warily and if you are of mind to throw caution to the wind, get expert advice based on all of the relevant information.

Is this Perverting the course of justice?

Matthew Griffiths

Am I entitled to a solicitor if I am arrested?

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