Advice at the Police Station

Being arrested and kept in custody at a police station can be a frightening experience. However, remember that you are entitled to independent legal advice at any time during your period in custody and we will provide a representative to advise you in person and be with you during the interview. Independent advice means that your representative will be acting only in your interests.

Widdows Mason has a number of dedicated staff members who are able to assist you if you have been arrested and are to be interviewed at a police station. Getting the right advice at the police station will have a significant effect on the outcome of your case and remember that you will not have to pay for this because you will be eligible for legal aid if you are interviewed under caution, regardless of your circumstances.

Please note that we are available 24 hours a day to provide legal advice about police station matters.

Our emergency number is 07725 244210.

Magistrates Court

If you are aged 18 or over and have been charged with a criminal offence your case will begin with an appearance in the Magistrates Court.

Some offences, such as minor assaults, can only be dealt with in the Magistrates Court. This means that if you plead not guilty you will have a trial before a bench of Magistrates or a District Judge.

Other offences, such as theft and the more serious assault and public order offences are known as either way offences. This means that if you plead not guilty your case may be dealt with in the Crown Court. In the less serious either way cases, you will be given the choice of having your trial before a judge and jury at the Crown Court, if you wish. For more serious matters likely to attract a significant prison sentence, you may not be given the choice because the Court will commit you to the crown court for your case to be tried there.

If you plead guilty or are found guilty after trial at the Magistrates Court, you will normally be sentenced at that Court. The Magistrates Court has a range of sentencing powers, including fines, community penalties (for example, unpaid work) and prison sentences. However if the Court believes that your case is serious enough to attract a lengthy prison sentence, you may be committed to be sentenced by a Judge at the Crown Court.

Widdows Mason has a number of experienced advocates who can advise and represent you during Magistrates Court proceedings. Legal Aid may be available. Please check our Legal Aid page on the website for more information.

Youth Court

If you are aged under 18 and you have been charged with a criminal offence your case will begin in the Youth Court. In a small number of very serious cases the Court might decide that you should be dealt with in the Crown Court. However the majority of cases will remain in the Youth Court.

Because it can be very daunting for a young person to appear in court, a Youth Court is not open to the public. This means that when you appear in Court the only people who will be present are the Magistrates or District Judge, a Court Clerk, a member of the Youth Offending Team, a prosecuting lawyer and your own solicitor. You can also have your parents or a close family relative with you.

If you plead not guilty your case will be tried before Magistrates or a District Judge. This means that you will have to attend on a given date and the court will hear the evidence against you. This will normally involve the calling of witnesses who will give evidence in court. You will also be given an opportunity to give your account. The Magistrates or District judge will then decide whether you are guilty or not guilty.

If you are found guilty or you have pleaded guilty you will normally be sentenced in the Youth Court. Depending on the circumstances the Court has the power to impose a range of sentences including a Referral Order, a Youth Rehabilitation Order or in serious cases a Detention and Training Order, which involves custody in a Young Offenders Institution. We can advise you about what each sentence involves. Sometimes the Court will ask you to speak to a member of the Youth Offending Team so that a report can be done to obtain more information about you before you are sentenced.

Widdows Mason has a number of advocates who are experienced in youth court work. Legal aid will normally be available in Youth Court cases, but please see the Legal Aid page on our website for more information.

Crown Court

In some cases you will appear before the Crown Court. This will apply if you are charged with a very serious offence such as murder, rape or robbery. It will also apply if you are charged with what is known as an either way offence (such as theft or the more serious assault and public order offences) and either you have chosen to be tried before a Judge and Jury or the Magistrates have decided that your case is so serious that it must be dealt with in the Crown Court.

The Crown Court also deals with appeals against conviction and sentence from the Magistrates Court.

If you plead not guilty at the Crown Court you will be tried before a Jury (except in a very small number of cases). This means that a Jury of twelve men and women selected randomly from the local population will hear the evidence and decide whether you are guilty or not guilty. They will be guided on the law by a Judge.

If you are found guilty or you have pleaded guilty you will be sentenced by a Judge. A Crown Court judge has the power to impose longer prison sentences than the Magistrates Court. However other sentences, such as community penalties, can also be imposed by a Crown Court Judge.

In most cases at the Crown Court you will be represented by a barrister instructed by Widdows Mason. The barrister will have significant experience of appearing before the Crown Court. Widdows Mason has an experienced and dedicated Crown Court department based at our Wigan office who, together with your barrister, will be acting as a team to get the best possible result for you.

Please note that from 10 May 2010, Legal Aid Applications in Crown Court cases in the North West of England will be subject to a means test. Please see the Legal Aid page on our website for further details.

Legal Aid in Criminal Cases

Legal aid is available for advice and representation in criminal matters. Availability may be determined by your financial circumstances and the nature of the matter you are facing.

Police stations

Legal aid is available for advice and representation at all interviews under caution at the police station, regardless of your means.

Magistrates and Youth Courts

There are 2 tests for eligibility, both of which must be met:

(1) the interests of justice test: legal aid will only be granted if the offence you have been charged with is serious enough to justify legal representation, for instance if you are likely to receive a custodial sentence if convicted or the case involves a complex legal issue

(2) the means test: the court will assess your income and outgoings before they will grant legal aid - if you are in receipt of a low income or state benefits, you are likely to pass the means test - please contact us for further details of how the means test works

Crown Courts

From 10 May 2010 a means test will also apply in cases at crown courts in the North West of England. Although legal aid will be granted in every case where there is a trial or guilty plea in the crown court, there will be an assessment of your monthly disposable income and you may have to pay a monthly contribution to the court whilst the case is ongoing. If you are found not guilty your contributions will be refunded to you with interest. However if you are convicted there may be a payment from your capital assets if your total defence costs exceed the contributions you have already made.

Please contact us for further information about legal aid and advice about how to complete legal aid application forms.