Road Traffic Act Prosecution Case Study by Hannah Fairbrother, Solicitor
Introduction
In my legal career, one standout case involved a client from Forfar Sheriff Court charged with driving offences—drug driving, driving without insurance, and driving without L plates—under unusual circumstances. He was pulling a piano on a flatbed trolley with the engine of a child’s quad bike, aiming to raise money for charity. The police and prosecution deemed this setup a motor vehicle within the terms of the Road Traffic Act 1988. .
The Case’s Challenges
Faced with limited legal guidance, I had to research extensively. Similar cases with e-scooters and golf carts didn’t quite match our situation. My client was adamant about not accepting an attractive plea deal offered by the Crown, believing his actions were charitable and not criminal. This put us on the path to trial. The facts of the situation were not in dispute but rather the application of the legislation and case law to what had occurred.
Reflections and Lessons Learned
Ultimately, although the trial didn’t result in a complete win, it was a profound learning experience. Here’s what I took away:
This case taught me not to shy away from complex or unconventional cases and to apply a meticulous, well-rounded approach to all my legal work.
We are pleased to share that one of our trainee solicitors, Cameron Irons, has been appointed as a new committee member to the Trainee and Newly Qualified Society (TANQ), which is run by the Royal Faculty of Procurators in Glasgow.
Cameron works across our criminal and commercial litigation teams, and he will now assist the Royal Faculty and the TANQ society committee in arranging and hosting educational seminars, networking events and social gatherings for young legal professionals across the region.
He said: “I am pleased to be appointed as a committee member of TANQ. This will be a unique opportunity to represent young lawyers and contribute to building a collegiate network for colleagues to connect and build on their professional development.”
The Royal Faculty of Procurators was incorporated prior to 1668 and continues to serve the needs of the legal profession in Glasgow and west central Scotland. It provides members with access to a large law library with significant holdings, a well-regarded CPD education programme, the services of an auditor, and a venue in the city centre for a wide variety of events. The Royal Faculty of Procurators also acts as a representative body for solicitors practicing in the Glasgow area.
David McKie, senior partner of Levy and McRae, said: “We are pleased to see Cameron join the RFPG TANQ Society as a newly appointed committee member. We hope his involvement will bolster our firm’s longstanding relations with the RFPG and further increase engagement with younger lawyers across the legal profession.”
You can email the TANQ committee on tanq@rfpg.org or by visiting the RFPG website at https://www.rfpg.org/
We are delighted to share some exciting news with our clients, colleagues, and friends. Our law firm has been shortlisted in an impressive seven categories at the forthcoming Legal 500 Scotland Law Awards. This prestigious recognition underscores our commitment to excellence, dedication to our clients, and the hard work of our talented team.
Each nomination reflects our unwavering commitment to providing exceptional legal services and achieving the best possible outcomes for our clients.
We extend our heartfelt thanks to our clients, partners, and colleagues for their ongoing support and trust.
Domestic Abuse Case Study by Hannah Baxter, Solicitor
I was recently instructed in a case that involved a serious domestic allegation. Prosecuted in the Sheriff Court, the case carried a maximum penalty of 12 months imprisonment.
Sensitivity, Client Background, and Potential Consequences
Most domestic cases are sensitive and need to be handled professionally yet empathetically. This case was particularly concerning due to serious doubts about the veracity of the allegation. It also presented additional challenges because of the client’s personal and family circumstances. My client was a trainee specialist doctor with an international medical degree. He and his family were legally residing in the UK, although they were not British citizens. A conviction, especially for a serious domestic offence, would have had catastrophic consequences. He stood to lose his job, be unable to renew his visa, and his family, including two young children, would no longer have the right to reside in the UK.
Initial Objectives and Court Proceedings
My first aim was to have the bail conditions relaxed so that the client could return home, and secondly, to have the entire prosecution discontinued. Given the potential implications, the case required a specific and strategic approach. The initial court proceedings occurred weeks after my client had been arrested and unable to return to his family. Before the court appearance, I met with his wife at her request. The meeting had to be handled delicately; I made every effort to put her at ease and allowed her to speak freely while ensuring that I gathered all the necessary information. When the case called in court, I made detailed submissions to the sheriff regarding the bail conditions. Following this appearance, my client was permitted to return home, much to the delight of both him and his wife.
They both praised the way I handled the case in terms of preparation and advocacy. However, the focus now shifted to persuading the prosecution to discontinue the case. After considerable time spent on legal research and reviewing the case, I arranged a meeting with the prosecutor. In preparation for this meeting, I reviewed the prosecutor’s joint domestic protocol and prosecution code. I also requested documentation from the client about the impact a conviction would have on his employment and visa renewal. Being thoroughly prepared was crucial, as a strong presumption exists in favour of prosecuting all domestic cases. My submissions needed to be comprehensive and compelling to achieve discontinuation. During the meeting with the prosecutor, I discussed the public interest considerations outlined in the prosecution code. These considerations include the age, background, and personal circumstances of the accused, any mitigating factors, and the effect of the prosecution on the accused, witnesses, and others involved. These elements are often overlooked but are vital when considering whether to discontinue a case.
The outcome of my meeting with the prosecutor was that the case was discontinued. Consequently, my client was able to continue his employment, and his family’s settled life in Scotland was preserved. This case’s outcome could have been profoundly different had he not had robust legal representation. It underscores the importance of instructing a solicitor dedicated to meticulous research and preparation. Seeking legal advice as soon as you become aware of potential prosecution or police investigation is always advisable. Most people do not have the in-depth knowledge of legal complexities and consequences required to secure a successful outcome, particularly in serious cases.
On Friday of last week two senior lawyers from our Private Crime department attended the prestigious Fraud Lawyers Association conference in London. This full-day event, hosted by A&O Sherman in the heart of the city, gathered numerous legal professionals specialising in fraud and financial cases.
The conference boasted a stellar lineup of speakers, including the Director of the Serious Fraud Office, Judges, representatives from the US Department of Justice, and leading solicitors and barristers. The event provided a platform for discussing the latest trends, challenges, and strategies in defending fraud and financial cases.
Our Attendees:
Our lawyers were among the select few representing Scotland at this event, showcasing our firm’s commitment to staying at the forefront of legal developments and ensuring robust defence strategies for our clients.
Levy &McRae remains dedicated to continuous learning and professional development. Attending such high calibre events allows us to maintain our excellence in legal defence, particularly in complex fraud and financial cases.
For more information about our services and expertise in fraud defence, please contact Head of Private Crime, Neil Hay.
As a direct result of our continuous growth and our success in attracting new clients, we are restructuring our Criminal Law Department to provide a more streamlined service for our clients.
In our commitment to providing top-tier legal representation, we have established two new senior positions with Callum Anderson becoming Head of Regulatory Crime and Neil Hay becoming Head of Private Crime. These roles have been created to refine our focus and leverage our extensive expertise in these key areas of criminal law.
The Head of Regulatory Crime will lead for the firm on all professional and regulatory crime, including looking after a number of representative bodies and organisations, as well as overseeing the defence of Health and Safety and regulatory prosecutions, Public Inquiries and Fatal Accident Inquiries.
The Head of Private Crime will lead for the firm in all major areas of criminal law and in financial and white-collar crime for professional, high-profile, high net worth and corporate clients.
Both positions will be filled by highly experienced Solicitor-Advocates from within our ranks, ensuring that our promise of meticulous case preparation and superior court advocacy continues to stand. These seasoned professionals bring a wealth of knowledge and a robust track record of successful outcomes, maintaining our reputation as “The Lawyer’s Lawyers.”
David McKie, senior partner, said: “This restructure enriches the support and advocacy we provide to our clients, ensuring ever more focused and effective representation.
“We value the trust our clients place in us and are dedicated to continuing our work with integrity, confidentiality, and compassion. These changes are designed to reinforce our capability to advocate for your rights and deliver justice, from sheriff courts to the High Court of Justiciary and all forums where regulatory matters are determined.
As always, our team is here for you from the moment of instruction. Contact us for advice, action, and advocacy.
Callum Anderson 07779 622654; canderson@lemac.co.uk
Neil Hay 07866 734524; nhay@lemac.co.uk
We are delighted to share that our Chairman Bill Macreath will once again represent Levy & McRae at the Legal Netlink Alliance Europe Summer meeting, taking place in Budapest from June 28th to 30th and hosted by Stankovic & Partners. This event promises to be a significant gathering, reuniting 60 delegates from over 30 countries across three continents: Europe, North America, and South America.
The focal point of this meeting is our network’s 2030 strategy. Together, we will explore how to strengthen our collaborative efforts and thrive amidst today’s complex and volatile business environment. This is an invaluable opportunity to align our goals and plan our strategies for the future.
Building on the momentum from our successful Malta meeting earlier this year, we are excited to continue with project New Wave. This initiative, which fosters discussions and debate among young lawyers within the Legal Netlink Alliance, aligns with our commitment to nurturing the next generation of legal talent.
We very much look forward to the engaging discussions, innovative ideas, and dynamic networking opportunities that Budapest will offer.
We are proud to announce that our Criminal Law Partner Neil Hay has again been featured among the top legal advisers in the 2024 SpearsIndex, a Spears Magazine annual listing of the lawyers working in criminal and white collar crime for high new worth and ultra high net worth clients.
Neil is the only Scottish Criminal lawyer listed by this prestigious directory, and his recognition follows upon him being awarded Crime Lawyer of the Year in the inaugural Legal 500 Scotland Awards last year.
Neil commented: “I am pleased that our professionalism and expertise in Scottish criminal law matters has again been recognised, in particular around the work we do for high net worth individuals where discretion and strategy are so important”.
Neil`s full profile in the 2024 SpearsIndex can be read here: https://www.spears500.com/adviser/12891/neil-hay
We are delighted to announce our sponsorship of the upcoming Moorland Conference, hosted by Scottish Land & Estates. This event will take place at Cardney Steading, Dunkeld, on June 11, 2024, from 9:15 am to 4:15 pm.
The conference will address significant updates and changes in moorland management following the passing of the Wildlife Management and Muirburn Bill by the Scottish Parliament. The agenda includes discussions on the new legislation’s impact on businesses, facilitating debates, and allowing participants to pose questions directly to Scottish Government agencies.
Landowners, land agents, and land managers will find this conference particularly relevant. The event promises to be an essential gathering for anyone involved in moorland management, offering talks from prominent figures such as Jim Fairlie MSP, Finlay Carson MSP,representatives from NatureScot and our Senior Partner David McKie.
As sponsors, our firm is committed to supporting initiatives that foster understanding of the complex legislation that governs Scotland’s rural landscapes and effective moorland management.
We invite all professionals involved in rural and moorland management to join this important discussion. To book your spot or for more information, please visit the Moorland Conference page. We look forward to seeing you there and engaging in these crucial conversations about the future of our rural landscapes.
Scottish Paralegal Association Glasgow Conference 2024
Neil Hay , Partner at Levy & McRae was delighted to take part in the Glasgow 2024 Scottish Paralegal Association conference last week. Neil spoke to delegates about the new legislation The Hate Crime and Public Order (Scotland) Act 2021.
Neil said “It was a pleasure to take part in this busy conference on the topic of the new Hate Crime legislation. This is an area of law which has been of great interest to the public and everyone in the legal sector. Overall the conference was a tremendous success. Congratulations to the organising Committee and many thanks for the kind invite to participate.”
