Difficult mitigation
I recently represented a client at Guildford Magistrates’ Court charged with speeding – 96 in a 70. He already had six penalty points on his licence and faced disqualification if he received penalty points in line with the sentencing guidelines. He narrowly avoided disqualification after I informed the court of…
Failing to stop after an accident
If you have an accident on the road, you must stop and exchange details. If you continue your journey without stopping, for any distance, an explanation will be required. I represented a driver recently who had driven a considerable distance after being involved in a road traffic accident. The explanation…
Preparation for trial
Spare a moment, if you will, for your lawyer who is preparing your trial. At a recent case at the Redhill Magistrates’ Court, I was asked to represent a client at a trial for a road traffic matter. It sounds simple, doesn’t it? The first job of preparation is understanding…
The importance of examining the evidence
My client was charged with driving without due care and attention at Redhill Magistrates’ Court. The other driver claimed that my client had rammed him! Fortunately, photographs existed of the damage to the vehicles. These photographs confirmed that the damage was consistent with a side on side collision, rather than…
Use of Visual Aids in Court
I represented a probationer driver (within 2 years of passing his test) at Redhill Magistrate’ Court. He was charged with failing to stop and failing to report an accident. The two charges could attract up to 10 penalty points; being a probationer driver he would lose his licence if he…
Listening Skills
At Guildford Magistrates Court, I represented a client charge with speeding (96 in a 70) on the A3. He already had a number of points on his licence and was in danger of being disqualified. I was able to persuade the Court not to disqualify by explaining his personal circumstances;…
Negotiations
5 stages to successfully negotiating a guilty plea Here is a five stage approach to a successful guilty plea. The scenario is a criminal matter in the magistrates court, but the principles apply equally in any negotiation. Stage I : Prepare your groundwork a) Read the prosecution papers. Is it…
Enterprise Act 2002
I was recently instructed to represent a client who is being investigated by the Office of Fair Trading for criminal offences under the Enterprise Act 2002. Criminal offences under the Enterprise Act are intended to deter engagement in cartel offences, i.e.: • price-fixing; • limitation of supply and production; •…
Drink/Drive Offence
The prosecution is bound by the rules of law and procedure. These rules exist to ensure fairness and justice. It is my job to exploit any failure by the prosecution to apply these rules correctly. In a recent drink/drive case, I exploited such a breach in favour of my client….
Teaching clients
Organizations who have received training from Andrew Henley: Ministry of Defense, Army Legal Service; Surrey Police; The ‘Inn Group’ of 16 Central London Law Firms; Mishcon de Reya Solicitors; Smith and Williamson Solicitors; Government of Bermuda; Furnival Chambers; Access Data.