Crime

Our specialist crime team has been supporting clients throughout Cardiff and the South Wales areas for more than 30 years. During this time we have built up a valuable reputation, and skills in representing a wide variety of criminal cases.

Our team is available 24 hours, 7 days a week, for all police station and court attendances.

For attendance enquiries outside of our normal office hours please call our emergency contact telephone number on 07974 919292.

Police Station Representation

Did you know that any person being interviewed by the Police is entitled to FREE legal advice and assistance? This is regardless of whether you attend on a voluntary basis or are held under police custody.

If someone you know is in attendance or you require assistance yourself please contact our office immediately on 029 2045 8895 (Monday to Friday 9:00 AM until 5:00 PM) and a representative of the firm will attend and provide advice imminently.

We are able to provide initial telephone advice in the first instance which will assist until our legal representation has arrived. If the office is closed please contact our dedicated out of office mobile on 07974 919292.

Our team consists of five qualified Police Station Solicitors and six accredited Police Station Representatives.  Each member of our team has a wealth of experience and assists with interviews throughout South Wales on a daily basis. We are happy to provide assistance whether you are an existing or new client, you are able to ask for us directly at the Station.

The benefits of representation are:

  • We will ensure you are dealt with fairly.
  • We will ensure your arrest was lawful.
  • We will ensure your rights are protected during your attendance.
  • We can provide expert advice on the evidence the police have obtained, the law relating to the allegations made against you, advise you on the correct procedure and likely questions the police may ask during interview.

Once the interview has been conducted we will provide you with further advice such as the likely outcome or next steps, bail conditions (if any) and procedure if charged.

Criminal Legal Aid

We have a contract with the Legal Aid Agency which allows us to provide further funding for legal advice and assistance if the outcome of your attendance results in a charge.

Legal Aid funding is a source of government funding which can provide legal advice and/or representation by a lawyer for those who are unable to afford it. Legal Aid can be granted for both Magistrates and Crown Court matters. In order to receive this funding certain criteria must be met. The Legal Aid Agency will access your eligibility. In order for Legal Aid funding to be granted you must pass the following two tests:

  1. The Interest of Justice Test: this assesses the merits of each case and will consider things such as whether there is a risk of conviction, personal circumstances and a person’s ability to understand court procedure.

2. The Means Test: this establishes whether or not the Applicant is eligible for legal aid based on their finances. Things which are taken into consideration by the Legal Aid Agency are: income, marital status, dependants and expenditure. If you are in receipt of certain benefits you may automatically pass this test. Please contact us for further information.

In order to process this request we will contact you and ask that you provide us with documentation or information such as national insurance numbers, proof of income and other relevant information require to support your application.

If you are unsuccessful in obtaining full Legal Aid funding you may be eligible for partial legal funding and ordered to make a contribution towards your costs. If you are above the threshold in terms of means we offer very competitive private paying fees for all criminal matters. Some matters we are able to offer fixed fees. For further information contact our office today on 029 2045 8895.

VHCC

Crowley & Co Solicitors are fully accredited to undertake cases that are deemed “Very High Cost Cases” by the Legal Aid Agency.  We have a proven track record in handling large scale and complex high cost cases that have involved allegations of a multi-million pound fraud against a government agency plus a criminal conspiracy to defraud insurance companies out of millions of pounds as a result of fictitious road traffic accidents under the label “crash for cash”.

We have systems in place that allow us to handle such cases in an efficient and organised manner thereby meaning we can put forward the best defence possible for our clients who are faced with such prosecutions brought by the likes of the Serious Fraud Office and the Complex Case Unit of the Crown Prosecution Service.

The Law Courts and General Criminal Procedure

The court in which your matter will be heard in will depend on the category and seriousness of the allegations. There are three categories in which offences are classified:

criminal procedure diagram

Summary Offences

Are offences which are normally dealt with by the Magistrates Court.  However a matter may be committed to Crown Court for a number of reasons including sentencing.

Triable Either Way Offences

Are offences that can be heard in the Magistrates or Crown Court.  If the Magistrates consider their sentencing powers to be adequate to deal with the offence, the accused will have to elect to have it dealt with summarily (in the Magistrates Court) or on indictment (in the Crown Court). This is known as mode of trial.

Indictable Offences

Are offences where the defendant has the right to trial by way of Jury at the Crown Court.

We regularly represent and advise clients throughout South Wales in both Magistrate and Crown Court.

 

If you are between the ages of 10 to 17 you will appear before the Youth Court.

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Youth Court

The Youth Court is a specialist Magistrates court who deal with young people between the ages of 10 and 17 years. Like the Magistrates Court the defendant’s case will be heard in front of three Magistrates or a District Judge.

Unlike the Magistrates Court the Court itself is a lot less formal; the public are not permitted to attend hearings and often the youth will be addressed informally on a first name basis. If the defendant is under 16 years of age parental or guardian supervision may be required.

There may be times where the seriousness of allegations made against a defendant will require the matter to be passed by the Crown Court. The matter may start at the Youth Court but will be passed to the Crown Court. Such matters include, rape, murder or GBH.

arrested youth awaiting youth court

The Youth Court have jurisdiction to listen to matters of:

  • Theft
  • Burglary
  • Drug related offences, such as possession
  • Antisocial Behaviour

The Youth Court have the power to pass a range of different sentences, which may include Community Orders and Detention and Training orders. Each case is judged on its own merits. Things in which the Youth Court must consider when passing sentence are things such as:

  • Age
  • Seriousness of the crime.
  • Whether you have reoffended.
  • Previous convictions.

Understanding Sentencing

Following a guilty plea or being found guilty after trial, the Magistrates or Crown Court Judge will have to consider the correct sentencing.

A Magistrate will consider the relevant sentencing bands and whether their sentencing powers are adequate.  If the Magistrates believe they are not sufficient they may commit the offender to Crown Court to be sentenced.

A Crown Court Judge has greater power to impose a greater sentence if required. The types of sentences which may be imposed by either a Magistrate or Crown Court Judge are as follows:

Prosecution Costs

The court may order that you pay a contribution towards prosecution costs.

Compensation

The court may order that you pay a specified sum to the victim of the crime you were convicted of.

Fine

The Court may order that you pay a financial penalty as punishment for the crime you are convicted of by a specified date. Noncompliance of this order can result in a custodial sentence being served. The length of sentence which would be served is dependent on the amount of the fine outstand. However, the maximum custodial sentence that can be passed is up to 12 months.

Conditional Discharge

This allows an offender a “grace period”. Provided the offender does not offend again during this time no further action is taken by the Court. Should further offending continue whilst granted a conditional discharge the offender will be resentenced based on the current offence in which the discharge was given and the new offence.

Community Orders

A Court may order that the offender is required to perform unpaid work for the benefit of the community. The allocation of hours will be dependant of the facts of each case but cannot exceed 300 hours of community service. If it is decided that an order of this nature is the correct punishment the offender must complete the specified hours within one year of the sentence being passed. Further conditions apply to this type of order.

Rehabilitation Order

Rehabilitation under supervision may be ordered. If this is ordered you are like to be allocated a Probation Officer who will work with you to rehabilitate and tackle your future offending. This will be achieved by keeping to your appointments, informing your officer of any change in personal circumstances and any other requirements imposed. To ensure you do not breach your order you must attend your initial appointment within five days.

Custodial Sentence

A custodial sentence is given as a last resort, the appropriate and correct punishment deemed by the Magistrate or Judge is that your liberty is taken away and a sentence of detention must be served.

There may be times where sentencing may be too harsh or lenient, both Defence and Prosecution may be able to appeal the sentence. Our team has vast experience and we are often very successful in appealing sentences. Whether we represented you in proceedings or not we are able to assist with appealing sentences.

Our team is available 24 hours, 7 days a week, for all police station and court attendances. For queries in relation to such attendances outside of office hours our emergency telephone number is: 07974919292.

Samantha Day
LL.B (Hons) Solicitor

Associate Solicitor
samanthaday@crowleysolicitors.co.uk
Will Marsh
LL.B (Hons) Solicitor

Consultant Solicitor
will@crowleysolicitors.co.uk

We have a vast experience in dealing with defendants in Magistrates and Crown Court trials throughout South Wales, for a wealth of offences such as:

Theft, Assault, Criminal Damage, Possession of drugs and or Offensive Weapons, Dangerous Dogs, Breach of Restraining Orders, Sexual Assault, Rape and Driving Offences to name but a few. Below are some of the examples of the cases in which we have successfully represented defendants:

  1. R v Y (Cardiff Crown Court) 1983 – Defendant acquitted of murder.
  2. R v Taylor (Cardiff Crown Court) 1994 – Defendant acquitted of murder on causation following cross examination of Professor Bernard Knight.
  3. R v R (Cardiff Crown Court) 1996 – Defendant acquitted of rape after a full trial.
  4. R v L (Court of Appeal) 1996 – Defendant acquitted of burglary on identification.
  5. R v T (Cardiff Crown Court) 1998 – Defendant acquitted of murder.
  6. R v R (Cardiff Crown Court) 2006/2007 – Defendant acquitted of conspiracy to sell drugs in a 35 handed conspiracy.
  7. R v D (Cardiff Crown Court) 2008 – Defendant acquitted of attempted murder.
  8. R v K (Cardiff Crown Court) 2008 – Proceeds of Crime Application successfully reduced from 4 million pounds to one million pounds.
  9. R v H (Newport Crown Court) 2008 – Trademarks offence – Defendant received suspended sentence with subsequent confiscation stayed as an abuse of process.
  10. R v Mbengo & Others (Court of Appeal) 2008 – Successful appeal of deportation orders.
  11. R v I (Winchester Crown Court) 2010 – Defendant acquitted of Multimillion pound money laundering conspiracy arising from MTIC fraud.
  12. R v G (Cardiff Crown Court) 2010/2011 – Defendant acquitted of multiple historical rapes and sexual assaults involving numerous familial complainants.
  13. R v F (Cardiff Crown Court) 2012 – Defendant acquitted of conspiracy to misuse police computers.
  1. C v Cardiff County Council (High Court) 2012 – Successful Judicial Review of Cardiff City Council’s Taxi Licensing Policy.
  2. R v R (Cardiff Crown Court) 2012 –  Defendant acquitted of causing death by dangerous driving.
  3. R v G (Cardiff Crown Court) 2012 – Defendant acquitted of Rape after trial.
  4. R v D (Cardiff Crown Court) 2014 – Defendant acquitted f of Producing Class B Drugs, Supply of Class B drugs and Possession of Class B drugs following a fully contested trial.
  5. R v B (Newport Crown Court) 2015 Defendant successfully acquitted of sexual assault x 2 within minutes of the jury retiring to consider its verdict. The case involved careful scrutiny of CCTV footage which was presented to the Jury.
  6. R v B (Newport Crown Court) 2016 Defendant acquitted after Trial for an allegation of sexual assault again after careful scrutiny of CCTV assisted the defendant in this case.
  7. R v C (Cardiff Crown Court) 2016 The defendant was charged with a serious assault, the crown offered no evidence half way through the case.
  8. R v K (Cardiff Crown Court) 2016 Successfully presented an appeal to the Crown Court following conviction in the Magistrates Court.
  9. R V Ltd Company (Cardiff Crown Court) 2017 Defendants acquitted of money Laundering, Slavery and Trade Mark Offences. Obtained returns of £263,000.00 cash to company.
  10. R V C & J (Cardiff Crown Court) 2017 Defendants acquitted of ABH following a fully contested trial.
  11. R V P (Newport Crown Court) 2017 Defendant acquitted of sexual assault against a minor following a fully contested trial.
  12. R V G (Cardiff Crown Court) 2018 Defendant charged with historical rape, procuring an abortion and sexual assault. Crown offered no evidence before trial after Representations were made.