CRIMINAL LAW
Although traditionally Francis Hanna & Company is seen as a firm that deals mainly with civil matters, in recent years however in order to provide a full range of legal services to our ever widening client base, we have set up our own criminal law department and now accept instructions from clients charged with or being investigated for involvement in criminal offences.
We have solicitors with experience in representing defendants in all types of cases, both in magistrates' and Crown Courts in Northern Ireland.
Representation by a solicitor usually starts at a police station when a person has been arrested. Anybody who is arrested and taken to a police station is entitled to legal advice by a solicitor of their choice. The police will call us if you ask them.
Once a person has been charged with a criminal offence the case will start in a magistrates' court. The prosecution is usually handled by the Public Prosecution Service Northern Ireland (PPSNI), and in most cases the PPSNI has to send to the defendant's solicitors copies of all statements they have from their witnesses. This helps the defendant assess the strength of the case and assist in his decision whether to plead guilty or not guilty.
If a person pleads guilty or is found guilty, the magistrates have varying powers of sentence, ranging from 'absolute' or 'conditional discharges' right up to six months imprisonment or where there is more than one 'either way' offence, up to twelve months in the aggregate. Our solicitors can help to get the most lenient sentence possible by preparing a plea of mitigation on your behalf. They will explain to the magistrates all the factors that you want to put in support of your case.
More serious cases are dealt with in a Crown Court. In certain circumstances a defendant has the choice whether to elect for his case to be dealt with by a magistrates' court or a Crown Court. In the most serious cases the defendant does not have this choice as the law says that his case must be dealt with by the Crown Court.
In a Crown Court, cases are heard by a judge and jury. The prosecution and defendants are usually represented by barristers. We have a panel of highly experienced Junior and Senior Counsel at the Northern Ireland Bar who almost exclusively practice in criminal law. If a person pleads guilty or is convicted, a judge has much wider powers of sentence than magistrates.
Legal aid for proceedings in the Magistrates' Court and/or Crown Court may be available if the merits of the case justify the right to representation and the financial eligibility criteria are met.
Whatever the allegation you face, whether at court or at a police station, or in prison, we can advise and represent you. Please contact us without delay if you are faced with any such allegations by calling us on 028 9024 3901, emailing one of our Solicitors, Mary Gavin directly here or completing the brief online form.