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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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I was charged with an offence on 28th Sept 2011. (Harassment

Customer Question

I was charged with an offence on 28th Sept 2011. (Harassment without violence)
The case came to court in March 2012
The case was adjourned because the CROWN had failed to produce evidence to support a claim they were making.( the Police claim was false and was disproven by a recording I had made of an interview with the Police, much like the Cabinet Minister XXXXX XXXXX's case)
The Magistrates awarded defence wasted costs.
In August 2012 I was advised to plead guilty and put under tremendous pressure so to do, - I complied and pleaded. The solicitor I used then went quietly out of business within weeks.
I appointed another solicitor.
In September 2013 a Crown Court Judge vacated the earlier plea on the grounds that I had been wrongly advised by my first Solicitor as I did have a valid defence.
Given that the original legal proceedings started in September 2011, and the CROWN caused a delay of 5 months due to the above evidence matter (a matter now under the scrutiny of the IPCC) the appeal was delayed such that my costs must now fall under the new "Legal Aid Rate" rather than full compensation as before.

I believe that as the legal procedures started in Sept 2011, - they are still not complete and were it not for the delay caused by the Crown prosecution at the original Trial date, any appeal would have fallen INSIDE the cut off date. I have subsequently won the appeal, but am seriously out of pocket. That is unfair and not justice. I feel I should be compensated for all of my costs in defending the action against me.

Any comments?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Who advised you to please guilty?

Customer:

A Solicitor called MC Bryan based in Reading who went out of business shortly after my trial, he has disappeared and I am advised has not renewed his membership of the SRA.

Jo C. :

Thank you, XXXXX XXXXX have to trvale back and will probably lose reception so can I get back to you here after 6 please?

Customer:

No problem, I will be here all evening and look forward to hearing from you

Jo C. :

Thank you

Expert:  Jo C. replied 3 years ago.
Hi

Sorry for the delay. I'm here now.

Are you ok to carry on?

I've converted this to Q and A for ease of communication.
Customer: replied 3 years ago.

Yes go ahead Jo

Expert:  Jo C. replied 3 years ago.
Thanks.

So, in short, you missed legal aid and had to pay privately?

But you won the appeal?
Customer: replied 3 years ago.

Correct, and now I have to privately fund a defence as the CPS want to have another go. I am seriously out of pocket and am trying to see if I can get some of my money back


 


 

Expert:  Jo C. replied 3 years ago.
Sorry, that makes no sense.

If you were successful on appeal then they cannot prosecute you for the same offence again?
Customer: replied 3 years ago.

The Crown Court Judge - Angella Morris Vacated my plea, and sent the matter back to the magistrates court, the CPS then set another trial date.

Expert:  Jo C. replied 3 years ago.
Thanks.

That is not a successful appeal. You have just won a point of appeal.

That is all very well but if you lose the trial then you will be liable for your costs I'm afraid.

If you win the trial then you can ask for a defence costs order. There has been suggestion that it will only be up to the legal aid rates but that seems to be falling away increasingly now.

If this is an issue arising from incorrect advice though then that might be disallowed by the LSC. Its more of a negligence issue against the solicitor than something that should be covered by the public purse.

You can appeal the SRA if you feel that you were incorrectly advised.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

The Judge did authorise a defence costs order at legal aid rates some weeks after the appeal hearing, I am aware that the judge was not advised that the matter had been delayed by the Crown to start with, i feel that as she has allowed defence costs at legal aid rates, she would consider a full repayment at the actual prices I paid if it was explained that my appeal would have been lodged 5 months earlier and thus within the timescale, - any view on this.

Expert:  Jo C. replied 3 years ago.
That was becuase you won that particular point.

I'm afraid I don't agree with your interpretation and anyway its not for the Judge to make that ruling.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

OK thank you for your time, - I suspect that there will be a great deal of words based upon these changes.


 


I will sign out now

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/