Criminal Defence experience

Please read about our Criminal Defence experience:


Road traffic accidents

More than 1m British motorists are on the brink of losing their licenses because of the rise in speed camera numbers and the increased use of digital technology. According to a recent study, 16% of drivers (more than 5m ) have penalty points for speeding and a fifth of these are just one camera flash away from disqualification under the “totting up” provisions.

We have specialist lawyers with extensive experience of defending individuals in road traffic prosecutions with great success. Our aim is to employ our experience and intimate knowledge of the relevant road traffic laws so as to prevent the prosecution entirely.

Even where a prosecution can not be avoided and the defendant is facing either a “totter” or discretionary ban (e.g. in excess of 30mph over the speed limit) we have an enviable track record in avoiding bans by arguing “mitigating circumstances” or “special reasons” before Magistrates.

Our experience encompasses the full range of Road Traffic Law including Drink Driving, Careless Driving as well as more serious offences such as Causing Death by Dangerous and Careless Driving. We use nationally renowned experts from various disciplines to support defences of such cases with a great track record of success.

Recent and current examples include:

  • Successfully defending a Careless Driving prosecution (relying upon expert engineering evidence) that a road junction was inherently defective and was the main cause of a serious road traffic accident not our client’s driving.
  • Avoiding numerous speeding prosecutions by skilful use of legislation, tactics and  procedures i.e. “loopholes”
  • Representing a client in a double fatality in what was one of the first prosecutions in the UK for the new offence of Causing Death by Careless Driving – avoiding a custodial sentence for the client.

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Financial Crime

We are recognised as one the UK’s leading firms in criminal fraud defence and other financial crime. We represent clients being investigated and prosecuted for a range of offences including multi £M VAT frauds and allegations of Money Laundering.

We also represent clients facing investigation by HMRC and overseas investigators in relation to both civil and criminal investigations into serious tax fraud including off shore investigations.

Investigators and prosecutors (including Local Authorities) are increasingly using the draconian powers of the Proceeds of Crime Act which include asset Restraint and Confiscation. We also act for third parties who are not subject to a criminal investigation but whose property interests may be prejudiced by these proceedings.

We are assisted by our commercial litigation team who can assist in asset tracing, freezing and recovery for both claimant and defendant. We are members of the Legal Services Commission’s Specialist Fraud and Very High Cost (Crime) Cases Panels. Only firms with a proven track record of acting in the most serious, complex and high cost fraud and other crime cases are appointed to these panels.

Current cases include:

  • £50M VAT “Carousel” Fraud prosecuted by Revenue and Customs Prosecution Office
  • HMRC serious tax fraud investigation into off- shore bank accounts by UK resident
  • HMRC cash seizure and forfeiture of £800,000 successfully defended with all monies being returned to client with interest.

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General crime

This includes allegations of assault often made in the context of a “domestic” relationship including allegations against both males and females. An arrest for this type of offence let alone a conviction can have drastic consequences such as onerous bail conditions not to reside at the family home, which can limit the contact a father or mother has with their children.

There can often be related family law proceedings such as divorce or disputes concerning children and we work closely with both our Family Law team and our nationally renowned Child Abduction Unit with whom we work closely in such cases including Hague Convention international abductions.

We have over 40 years experience of representing clients facing the gravest of charges such as Murder and Manslaughter. We currently have a case of an alleged Manslaughter in Italy involving a European Arrest Warrant and international investigations. We are also instructed in cases of fatal Health and Safety  and Corporate Manslaughter.

We represent clients facing allegations of historical rape and sexual assault going back many years which presents unique challenges. We have particular experience of possession of indecent images on personal computers and have particular expertise in computer hacking prosecutions and the use of experts in the field of forensic computer analysis and digital evidence tracing.

There are many prosecutions brought by non-police prosecutors such as Local Authorities for breaches of Trade Descriptions and Trade Marks legislation such as sales of counterfeit goods as well as enforcement action arising from breaches of planning and licensing requirements

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Armed services investigations

We have lawyers experienced in representing members of the armed services facing investigations by the Services Police and Special Investigations Branches. We have experience of Courts Martial trials and Appeals which can be funded by the Armed Services Legal Aid Authority.

For many years we operated a free legal advice surgery at the community centre at RAF St Athan and assisted 100’s of servicemen and their families on issues as diverse as medical discharges, clinical negligence, personal injury claims, sex discrimination redundancy claims, divorce and related children cases as well as criminal defence and disciplinary cases.

In addition to the services investigations we represent service men and women facing criminal investigations and prosecutions by civilian authorities.

Cases have included;

  • Multiple charges of indecent assaults of airwomen and out of bounds allegations
  • Multiple charges of theft and deception
  • Dangerous driving (driving across airfield whilst drunk)
  • Misuse of medical records
  • Assault

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Contact

Martin Jones colourMartin Jones

Partner

 

E martin.jones@hughjames.com

T 029 2039 1176

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