Crime Case Archives - Levy & McRae

I was recently instructed in a high-profile case at Edinburgh Sheriff Court. My role was to represent an accused individual, now in his 80s, facing serious allegations of physical abuse dating back to 1967. Our early involvement in the police investigation allowed for extensive communication with both the police and the Procurator Fiscal’s office.

Understanding Client’s Needs and Legal Challenges

The situation was particularly challenging because our client suffered from Alzheimer’s disease, which impaired his ability to engage in the process or provide appropriate instructions. Despite these challenges, the prosecutor decided that proceeding with the case was in the public interest due to the sensitive nature of the allegations and the number of complainers involved. Given his age and condition, he was neither formally interviewed by the police nor appeared on petition, typically a crucial starting point for solemn procedure cases in Scotland.

Prosecution Decision and Legal Framework

The prosecutor shifted the course of the case towards an examination of facts hearing instead of a traditional trial. This process, as defined by the Criminal Procedure Scotland Act 1995, focuses on determining whether the facts of the case are established beyond reasonable doubt, without resulting in a conviction. The court’s decision revolves around the facts rather than the accused’s guilt.

Assessing the Indictment and Charges

An indictment was served, with the first diet scheduled for November 2023. Although medical reports confirmed our client’s unfitness for trial, the indictment included 37 charges, covering incidents from 1967 to 1987, involving over 35 former school pupils. Despite the lack of direct client instructions due to illness, we were still obligated to agree on uncontroversial evidence to minimise case duration.

Defence Strategy and Court Dynamics

The examination of facts took place in March 2024 over 12 days. One major hurdle was the unavailability of full client instructions, which limited our ability to present his position during cross-examinations. We relied on the testimony of his family, who had welfare power of attorney, and were present during some allegations. Additionally, we had to handle cross-examining vulnerable complainers sensitively, without the usual protective measures, as our client was absent from court.

Compounding the complexity was the emotional toll on the family and the intense media scrutiny surrounding the case. Ultimately, the examination concluded with the facts established in 33 out of 37 charges, though some faced significant deletions.

Reflections and Takeaways

This case proved to be one of the lengthiest and most challenging in my legal career thus far. Collaborative teamwork, particularly involving younger trainee solicitors, played a pivotal role in navigating the intricate proceedings. It underscored the necessity for meticulous preparation and cooperation to secure optimum outcomes for clients, regardless of the complexities involved.

Recently, I was instructed in a particularly challenging Sheriff Court prosecution, which involved allegations of assault by a father on two of his children. This case, dating back many years, was not only sensitive due to the nature of the allegations but was also critical due to the professional and personal stakes for my client, a respected man in a regulated profession. This blog post narrates the complexities and strategic considerations that guided this case to a positive outcome.

The allegations against my client were historic and rooted in complex family dynamics. The background to this case was that the client had been in a partnership, from which two children were born, now in their early 20s and teenage years, respectively. Following the couple’s separation, a court order placed the children in my client’s custody. Tensions arose due to differing parenting styles, which eventually escalated to allegations in 2023. Initially, the mother made no mention of assaults, but in her second statement, allegations of physical abuse were made. My client vehemently denied these, asserting they were exaggerations and motivated by his daughter’s desire to alter the living arrangements.

The key strategic issues revolved around witness testimony and the matter of corroboration which was impacted by recent legal precedents. A child witness’s involvement necessitated careful examination of Joint Investigative Interviews (JII) to identify any inconsistencies with other statements, including those by the client’s former partner. A further challenging aspect was navigating the corroboration requirements, which according to the Lord Advocate’s Reference of 2023, expanded the scope under which allegations might be supported.

The key to our success was thorough legal research and precision in legal submissions. The challenging evidential issues involved particularly sensitive cross-examination techniques, considering the age and emotional state of the child witness. It was crucial to apply appropriate skills to a child giving evidence via CCTV, as opposed to an adult in a courtroom.

At the conclusion of the Crown case, due to exclusion of certain evidence, the prosecution discontinued prosecution of one charge, and a no case to answer submission led to my client’s acquittal on all remaining charges. This outcome was of significant consequence, considering the personal and professional turmoil my client endured throughout the trial. The decision not only restored his professional integrity but also allowed him to rebuild his relationship with his daughter.

Several key takeaways emerged from this case. Legal professionals must maintain meticulous preparation and up-to-date knowledge of current legal standards, especially in cases involving young or emotionally vulnerable witnesses. Attention to detail, comprehensive legal research, and strategic cross-examination are essential to navigate evidential complexities and challenge testimony credibly.

Moreover, supporting the client through the emotional toll of such proceedings is crucial. Providing sensitive and effective legal counsel can alleviate client stress and help achieve a successful resolution. This case underscored the importance of defending rights and reputation with diligence and care.

Through informed advocacy and strategic decision-making, we can provide our clients with the support they need to face, overcome, and emerge stronger from their legal challenges.

As a solicitor, my responsibility extends beyond simply providing legal advice. It encompasses guiding clients through stressful and unfamiliar legal landscapes, ensuring they receive the best possible representation. A recent case I worked on at Edinburgh High Court perfectly encapsulates the complexities and challenges that come with high-profile legal cases.

I had the privilege of working on a serious sexual offence case as the main solicitor, representing a client who faced prosecution at the High Court. The stakes were exceptionally high; a guilty verdict would have led to a lengthy imprisonment. The nature of this case required meticulous preparation and a thorough understanding of both the client’s needs and the Scottish legal procedures.

The case presented unique challenges, primarily due to the client’s residence in North America, where the legal system drastically differs from that of Scotland. With time zone differences and geographical distance, all our communications primarily happened through online meetings. Building trust and rapport digitally was an initial hurdle but crucial to the success of our defence strategy. Explaining the intricacies of the Scottish legal system and laws of evidence through video conferences required patience and clarity, making every meeting pivotal.

An additional challenge was securing testimony from a key defence witness residing in Russia. Given the political climate, personal contact was impossible, complicating the gathering of a formal statement. Through persistent efforts, I managed to establish communication with the witness. A statement was successfully formalised and admitted as trial evidence, which proved pivotal to our defence.

The journey to trial extended over twelve months, a timeline typical for high court cases but nonetheless stressful for the client. Supporting the client during this time was essential. I prioritised open communication, adapting to his schedule to offer reassurance and manage expectations. Coordinating with the legal team, scrutinising prosecution evidence, gathering witness statements, and conducting comprehensive research laid the foundation for a robust defence strategy.

The trial culminated in the client’s acquittal, allowing him to resume his life back home. This outcome underscored the significance of thorough case preparation, personalised service, and collaborative legal teamwork. It exemplifies the vital role solicitors play in alleviating the strains of legal proceedings for clients facing daunting charges, especially in foreign jurisdictions.

This experience reminded me that, as solicitors, our duty extends beyond legal representation; it involves helping clients navigate their challenges with confidence. Each case is an opportunity to reaffirm our commitment to justice and client advocacy, making every effort count towards achieving the best outcomes.

This case not only reinforced my belief in the power of advocacy but also highlighted the importance of a personalised, dedicated approach tailored to each client’s unique circumstances.

Lessons from Defending a Unique Case

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. .

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.

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.

Introduction to the Case

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.

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.

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.

Focus on Discontinuing the Prosecution

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.

Successful Outcome and Conclusion

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.

A recent case I was involved in has outlined the serious consequences individuals face when charged under Section 2 of the Road Traffic Act 1988 and how those consequences can be minimised through strategic representation.

This specific charge pertains to dangerous driving, a charge that can have a significant impact on one’s life. In this blog post, I will share the details of this case and outline the challenges faced by our client, who was a company director.

The situation was of grave concern for our client, as a conviction under Section 2 of the Road Traffic Act 1988 would lead to an automatic disqualification from driving for a minimum period of 12 months. The stakes were high, as not only was our client’s reputation on the line, but the livelihood of his business was also at risk.

The case took place at the Sheriff Court before a single Sheriff. The primary charge against our client was driving at a speed of 90 miles per hour in a 40-mile-an-hour speed limit zone which was in place on a motorway due to temporary roadworks. The prosecution focused solely on the speed factor and did not allege any other aggravating factors contributing to the dangerous driving.

Speed alone can lead to a conviction for dangerous driving. I though negotiated with the Procurator Fiscal for a plea to a lesser offence, such as careless driving to be accepted. Although initially reluctant, the Procurator Fiscal eventually agreed to consider a plea to a Section 3 charge of careless driving.

The distinction between a Section 2 and a Section 3 offence is significant. In the case of careless driving, the court has discretionary powers when it comes to disqualification. Unlike a Section 2 conviction, a Section 3 offence does not mandate an automatic disqualification. This plea negotiation was a positive development for our client, as it significantly reduced the potential consequences of disqualification.

Careless driving, however, still posed challenges for our client. He already had nine penalty points on his licence, and the ‘Totting Up’ provisions necessitated a mandatory disqualification of six months upon reaching 12 points. Therefore, even with a plea to the lesser offence, our client faced the possibility of disqualification due to accumulating points.

During the court proceedings, the sheriff ordered four points to be added to our client’s licence. Although it was a relatively lenient penalty, it pushed our client’s total points to 13 within a three-year period. This meant he qualified for a mandatory disqualification under ‘Totting Up’ regulations.

To seek to avoid this outcome, we requested the sheriff to consider exceptional hardship as experienced not only by our client but also by other people connected to his business. Our argument centred on the fact that our client, as a salesman, relied heavily on his driving licence to travel across the country for meetings. It was impractical for him to hire a driver, use public transport, or rely on taxis.

The exceptional hardship proof was successfully argued, focusing not only on our client but also on the potential consequences for his business and employees. We provided evidence from our client’s accountant demonstrating the negative impact on the company if our client lost his licence. The court acknowledged the far-reaching consequences and accepted that others would suffer exceptional hardship as a result of our client’s disqualification.

In the end, the court granted our client the exceptional hardship proof, allowing him to retain his driving privileges despite accumulating 13 penalty points. This outcome was a great relief for our client, considering the serious charge he initially faced. A 12-month disqualification would have severely impacted his ability to manage his business and his overall quality of life.

This case serves as a reminder that contraventions of Section 2 and Section 3 of the Road Traffic Act can have significant consequences. Speeding alone can lead to prosecution and potential loss of a driving licence for an extended period. Losing a licence has far-reaching implications across all aspects of the professional and personal lives of the person disqualified.

It is essential to remember that dangerous driving charges must be treated seriously, and it is always advisable to consult legal professionals to understand the potential consequences and explore all available options.

In conclusion, this case demonstrated the importance of robust legal representation and negotiation in achieving a favourable outcome. By skillfully navigating the legal landscape, we were able to mitigate the consequences and preserve our client’s ability to operate his business and maintain his livelihood.

If you find yourself facing charges of dangerous driving or any traffic-related offences, it is crucial to seek professional legal advice promptly. Understanding the complexities of the law and having a knowledgeable lawyer by your side can make all the difference in securing a favourable outcome and protecting your future.