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Sentencing at the Magistrates’ Court

Paul Watson Criminal Solicitor Middlesbrough

Paul Watson Criminal Solicitor Explains

People who are charged with criminal offences, who are not used to having to go to court, often first ask us, “will I go to prison”? If you’re concerned about this, the information below may help.

Some criminal offences are “non-imprisonable”. These are offences such as: being drunk and disorderly in a public place; some minor road traffic offences; and, other low-level offending such as begging.

Most offences, however, will have a maximum term of imprisonment that can be imposed by the court. Usually, for “summary only” offences (those that can only be heard in the magistrates’ court) the maximum term is 6-months imprisonment.

Terms of imprisonment are imposed when offences are so serious that only a custodial sentence is appropriate, or when previous attempts to sentence a person in the community have failed to prevent them from re-offending.

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Is a divorce my only option?

Pam Kandola Family Solicitor MiddlesbroughBy our Middlesbrough Divorce Solicitors;-

In today’s society, people who are experiencing matrimonial problems do not necessarily think about contacting a Divorce Solicitor straightaway for legal advice. Many do not want to finalise the end of the marriage by racing down the route of divorce and there are other options.

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The Mediation Protocol and the Family Proceedings Rules 2010

Julie Kirkbride Family solicitorOur Middlesbrough Family Solicitor explains;-

The new Family Proceedings Rules were introduced on 6th April 2011 and are still relevant in 2020. The rules reform the existing procedures for Family Law.

One of the main introductions contained within the rules is the inclusion of compulsory mediation within divorce proceedings. This means that all separating and divorcing couples will be referred to mediation to try and settle matters before being allowed to make an application to the court.

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Child Protection – Things to remember.

Paul Watson Criminal Solicitor MiddlesbroughOur Middlesbrough Solicitor explains;-

Involvement with Social Services can be a very worrying time and you might have been told that you do not need a solicitor. It is very important that you do seek independent legal advice before agreeing to a working agreement or placement. We offer free no obligation initial appointments to everyone and during that appointment we will assess you for legal aid.

1. The purpose of a Child Protection Conference is to bring professionals together with the family of a child at possible risk of harm;

2. A decision will be made and help and support will be offered;

3. Child Protection involvement does not mean that the Local Authority are going to take your children away;

4. You are entitled to have a solicitor with you at a Child Protection Conference, for advice and support;

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What is a Child Protection Conference?

Pam Kandola Family Solicitor MiddlesbroughOur Middlesbrough Solicitor explains the Child Protection procedure;-

 I have been told that the Local Authority is starting child protection procedures; what does this mean?

This means that the Local Authority believes that there is a risk to a child which needs to be looked into, or that the needs of the child are not being met.

Child protection conferences bring together the child(ren) and their family members with those professionals most involved with them.

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Child Protection Plan – What happens next?

Pam Kandola Family Solicitor MiddlesbroughOur Child Protection Solicitors in Middlesbrough explain;-

At the Child Protection Conference, a date will be agreed for your first Core Group Meeting, which you will need to attend. Solicitors do not usually attend these meetings as they are informal and relaxed, but in some circumstances you can request that your Family Solicitor attends with you.

The Chair will also set a date for a Review Child Protection Conference, three months from the date the child is made subject to a child protection plan.

A further review will take place six months after the Review Child Protection Conference and it is at this stage that the professionals will look at the progress made and decide whether or not the child can be “deregistered”. If this is not the case then the plan will continue to be reviewed on a six monthly basis. Read our article on Things to remember at a Child Protection Conference

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Legal Advice at the Police Station

Paul Watson SolicitorPaul Watson Criminal Solicitor Explains

Should you have a Solicitor with you when you are interviewed by the Police?  Even if it's just to "come in and have a chat"?

The short answer is “Yes”, whether it is a voluntary attendance or you have been arrested or are returning on bail and these are the reasons why;

  1. It is Free of Charge. If you are arrested or asked to attend for a voluntary interview, you should ask for Paul J Watson Solicitor to be contacted.  This service is free of charge to everyone at any time of day and is not means tested.  Whatever your financial circumstances, you do not need to pay for a Solicitor's advice at the police station.
  2. It is your right to have free and independent legal advice before answering any questions from the police.
    Anything that you discuss with our solicitors is confidential.
  3. When our Criminal Defence solicitors arrive at the police station they look at the custody record to ensure that you have not been mistreated by the police. From the moment you were arrested, we will endeavour to ensure that you are treated properly by the police until you are released.
  4. The only way of ensuring that you are dealt with fairly and correctly by the police is by using a solicitor.
  5. In order to know your full rights whilst at a police station, it is best to use a solicitor. If you ask for a solicitor, the police have to provide that solicitor with the full details of any allegations against you. We can then tell you this information before the interview, making sure that you are fully prepared prior to the interview taking place. The solicitor will also advise on the best course of action for you to take during that interview, such as whether or not you should answer the police questions.
  6. A solicitor can stop the interview at any time if, for example the police are unduly pressurising you, or in order to provide you with further legal advice.
  7. Being arrested can be a daunting experience for anyone. By taking up the opportunity of having a solicitor, you will be advised of each step of the procedure, and what is likely to happen with you, whether it be a charge, bail or no further action. Having this understanding will go some way to putting you more at ease.
  8. Police may attempt to persuade you not to use a solicitor/legal representative. This is only because not having a solicitor present may be better for the police. It is certainly not better for you to go ahead with the interview without obtaining assistance from a solicitor.
  9. Police often say that you will be released from the police station quicker without a solicitor. This simply is not the case; “Research has found that the police sometimes use the prospect of further delay to persuade a suspect to agree to being interviewed without having received the advice the suspect initially wanted.” (Defending Suspects at Police Stations, the practitioner`s guide to advice and representation, sixth edition, 2011, Ed Cape)

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Can a Solicitor come to my Child Protection Conference?

Pam Kandola Family Solicitor MiddlesbroughOur Middlesbrough Solicitor for Child Protection explains;-

Yes. Parents, carers and children are entitled to have a Solicitor present with them at a Child Protection Conference. The role of a Solicitor at a CPC is as an advisor and to offer support to the client. However, in some circumstances where the client does not feel able, the Solicitor may be able to speak on their behalf.

Involvement with Social Services can be a very worrying time and you might have been told that you do not need a solicitor. It is very important that you do seek independent legal advice before agreeing to a working agreement or placement. We offer free no obligation initial appointments to everyone and during that appointment we will assess you for legal aid. Read this article about who else can attend a Child Protection Conference. 

If you would like legal advice or help with your family case, please contact our Family Team who will work hard to get you the best possible result in your case - read our testimonials.  

You can complete our contact form requesting a call back, call us on 01642 293427 or send a private message to us on Facebook.

Who can attend a Child Protection Conference?

Pam Kandola Family Solicitor MiddlesbroughOur Middlesbrough Solicitor explains;-

The parents or carers of the child will be invited to attend. The child may be invited to attend all or part of the conference, but only if they are of sufficient age and maturity to understand the procedure.

The professionals invited should include all those who can make a significant contribution to the discussions. Those who are invited but cannot attend should be invited to submit a written report. All of the professionals who attend the meeting should file a report outlining their involvement and other relevant information. Such reports should be provided before the meeting to allow the reader to digest the information but in practice, the reports are usually provided on the day of the CPC.

The people who may attend a CPC can include the following;

1. Child or his/her representative;

2. Family members (including wider family, where this is appropriate);

3. The social worker or team manager who is involved with the family. This can also include any outreach workers or other Local Authority staff involved with the family;

4. Foster carers or residential care staff;

5. Professionals involved with the child, such as doctors, support staff, teachers or education workers;

6. Professionals involved in any investigations, such as the Police or Probation Service;

7. Experts, if appropriate, such as hospital consultants;

8. Your Solicitor.

8. A representative of the NSPCC

This list is not exhaustive and other relevant people may be invited to attend.

Involvement with Social Services can be a very worrying time and you might have been told that you do not need a solicitor. It is very important that you do seek independent legal advice before agreeing to a working agreement or placement. We offer free no obligation initial appointments to everyone and during that appointment we will assess you for legal aid.

If you would like legal advice or help with your family case, please contact our Family Team who will work hard to get you the best possible result in your case - read our testimonials.  

You can complete our contact form requesting a call back, call us on 01642 293427 or send a private message to us on Facebook.

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