Miles Herman is a clever, understated lawyer who is at the top of his game.
These are probably the most difficult and complex of sexual allegations to defend because of the age of the allegations (we have successfully defended allegations that were said to have originated over 50 years ago) and the loss of potential defence witnesses and evidence.
Our sexual offences team are acutely aware of the impact that being faced with such allegations can have on people, and their families. Our defence team will conduct a comprehensive review of all of the evidence that is being used to support the allegations made against you.
Our approach to criminal defence work is distinctive among our competitors, in that we are willing to test the prosecutor’s case to its limit: if there are anomalies or weaknesses in any line of argument, our team will expose and exploit them.
If you have been charged with having committed historic sexual abuse and are in need of specialist, effective legal advice, speak to our team today. We will work with you to ensure that you are afforded the best legal representation possible, and will ensure that you are appropriately advised at every stage of legal proceedings. Contact us today and see how we can help you.
Instruct an experienced, specialist Criminal defence solicitor, as soon as possible and arrange an urgent meeting with him/her (virtual/telephone or in person) preferably in good time before your appointment at the police station.
If you have been arrested at home/workplace you can ask for a local duty solicitor to represent and advise you when you arrive at the police station, or a family member/friend/colleague can contact a lawyer for you.
Rarely do police arrest at home/workplace in cases of non-recent sexual allegations, but it can happen.
The lawyer upon arrival at the Police station, will seek pre interview disclosure from the interviewing officer, which will be very limited. Remember that strictly speaking you are not entitled to disclosure, that is entirely within the discretion of the interviewing officer, who will drip feed information and detail during the interview. You will not be allowed direct access to the Complainant’s video interview/statement known as an ABE (assisting best evidence).
Think calmly and carefully about who can have made those allegations, any potential defence witnesses, possible alibis, photographs, communications (digital or otherwise).
If you have been falsely accused of such an allegation, it is important that is made clear at the outset of any interview. Your lawyer will assess the situation, take instructions from you and advise whether you should answer questions in interview or give a written Considered Statement, detailing your denial and any defence that you have. You are entitled not to respond at all.
After interview, you are likely to be released upon conditional bail, with residency or non-contact conditions. The police will, even when dealing with non-recent allegations ask to download your devices, seize your devices and demand your PIN number (you must seek legal advice on this point because there are serious consequences should you refuse).They may also, depending upon the circumstances of the case, take DNA from you.
Generally, yes they will because these types of allegations take time and careful scrutiny.
There are imminent changes on the horizon for pre-charge bail – sch 4 Crime, sentencing and Courts Act 2022 that you must be aware of.
Essentially there will be more use of conditional pre- charge bail the complainants’ views on bail will have to be sought by police and the initial bail period will be for three months, that can be extended to nine months in subsequent extensions. After which the police must go to the Magistrates Court to seek a further extension.
Standard cases which are later classified as exceptionally complex or those cases designated as non-standard cases can have bail periods extended for up to twelve months before police can seek further extension from the Magistrates Court.
We would expect historic sex allegations to fall within the non-standard category. At the time of writing, police extensively release individuals under investigation (RUI) for years.
It all depends upon the conditions attached to your pre-charge bail; you may have to leave the family home, deal with draconian Social Services protocol, which will invariably apply if there are children within your family/relationships, possible suspension from work (particularly in the case of professionals working with children) and reports to your professional regulator, if appropriate.
You will not be allowed to contact the complainant(s) or prosecution witnesses, whose identities you will be given. You should try and prepare your defence and look for evidence which supports your defence.
Work with your lawyer throughout this process, who will consider writing a letter of representations to the police, if s/he feels that the allegation has not been made out or there is evidence will prove your innocence. Such letters can, in the correct circumstances, be very effective and can lead to an investigation being abandoned.
We have a long history of successful resolution of such investigations as a result of writing Letters of Representation, written by senior, highly skilled specialist lawyers over the last forty years.
If the decision is made to charge you, these cases are invariably tried in the Crown Court by specialist Judges and a jury.
Please refer to The Sentencing Council Sentencing Guidelines upon sexual offences, which a sentencing Judge must follow unless specific and limited circumstances apply.
There is a specific section on Historic sexual offences which requires careful reading. There is, at the time of writing, a new Sentencing Guideline consultation underway.
Be in no doubt that allegations that result in conviction, generally lead to custodial sentences.
If convicted, you will also be placed on the Sex Offenders Register and could face a civil claim for damages brought by the complainant.
Book a
confidential
consultation
Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
Lewis Nedas are an efficient litigation machine. If something needs to be done, they will do it. Have a real “the client comes first” attitude.
