" It is more dangerous that even a guilty person should be punished without the..."
The Advent season is upon us. 22 November 2018
The Advent season is upon us and we are certainly experiencing an ‘Advent’ of our own in C&H. Firstly, a big welcome to Enan, our Laura O’Neills’s first child born on the 30th October. Congratulations to Mum and Dad and we are all looking forward to his first outing to our office this week – if her ‘cuddled up’ Mum can brave the elements. A second, if somewhat belated welcome to our new conveyancing secretary, Cathy McAleavey. Her smile is as wide as her experience and we hope she is as happy with us as we are with her! And we extend similar sentiments to our latest recruit, Adam Wood, who has joined us after leaving Conn and Fenton solicitors where he enjoyed a partnership. Adam attended Wallace High School before taking a first in Law from QUB where he came top in his year in Equity and Inheritance Law. It is therefore surprising, given his academic aptitude, that he is a follower of that strange game in which only one of the team is allowed to use their hands! Weird or what? However, he also enjoys rugby and is a marathon runner so we have another candidate for the Law Society Marie Curie run next year! Welcome aboard!!
Why people should have a solicitor at all PACE interviews… 4 September 2018
Do I need it – Its only a quick chat with the Police?
(1) The short answer is Yes. You need a Solicitor………….Here’s why….
(a) You are a suspect in a Criminal Case.
The Police must arrest a person when they have reasonable grounds to suspect a person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence;
they have reasonable grounds for believing that the person’s arrest is “necessary.”
The arrest must be necessary for one of the 9 reasons mentioned below:-
a) to enable the name (and address) of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
(b) … ;
(c) to prevent the person in question- (i) causing physical injury to himself or any other person; (ii) suffering physical injury; (iii) causing loss of or damage to property; (iv) committing an offence against public decency (subject to subsection (6)); or (v) causing an unlawful obstruction of the highway; (d) to protect a child or other vulnerable person from the person in question; (e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question; (f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
(b) The outcome of the case could have a dramatic effect on your career and/or your life in the near future.
If the Police or Crown Prosecution service believe that you have committed a Criminal offence there is a whole array of disposals that could apply to your case. Some of the options include a fixed penalty, a Caution (warning) if you are an adult, a charge (a direction that you must appear at court to answer an allegation on a specific date) or you may be charged and remanded to appear at the next available court. If you are a Youth the options are even more varied. Utilising free Police station representation and being legally represented at the Police Station, a Solicitor can assist you through the minefield of possible disposals and the best way to deal with your case.
(c) It’s Free!
In England and Wales, there is no charge for Legal Representation at the Police Station. Police station representation is free and provided by the Legal Aid Agency. The Police must obtain a solicitor to represent you if you so request. You can have your own solicitor if he deals with criminal cases or a duty solicitor. The Solicitor must and will be independent of the Police. All requests for a Solicitor go through the duty call centre. If you wish you can pay for your own solicitor.
(d) You need Independent advice
The Police are not Solicitors. Their function is to uphold the law. They owe no duty to you to advise you how best to deal with the situation you may find yourself in, in a police station. A Solicitor is independent and must always act in their client’s best interests.
What Happens If I Am Invited In By Police For A Chat? (a) There is no such thing as being invited in by police for a chat!
If you are asked to attend a police station to be interviewed with regard to a matter you are a suspect. You can be asked to attend a police station voluntarily. As such, if you agree, the necessity conditions to arrest you may not apply and as such the police may decide not to arrest you.
You are still a Suspect!
You need Legal Advice. It is still free and we strongly advise you to ask the police to arrange it.
They must do so.
Celebrated forty years in practice 14 June 2018
The Staff of Campbell & Haughey Solicitors pictured in fine fettle at a gourmet meal in Glenmore Manor to celebrate forty years in practice. Thanks to Pat and Eileen Hanna for their hospitality, to Mark Smyth for his professionalism and the chefs from Deanes who prepared a memorable meal. Most importantly, thanks to all our staff for their attendance and contribution to the craic and their floral appreciation to Geralyn and Niamh Haughey who contributed so much to the preparations. Hopefully we shall all be around to celebrate our next milestone!
Fiche bliain ag fás
Fiche bliain faoi Bhláth
Fiche bliain ag meath
This old Irish proverb was from a time before we enjoyed extended longevity. It suggested that we were twenty years growing, twenty years blooming and twenty years in decline. It is certainly true that it took a full twenty tears growing our practice and we have enjoyed twenty years thereafter cementing our success but hopefully, just as life expectancy has increased, our next twenty years will bring even greater solidity and prosperity. Our 40th anniversary fell on the 28th of May and we are celebrating with all our current staff with a banquet in Glenmore Manor on Friday 8th June, (if it is good enough for Ed Sheerin, it is good enough for us). Our success has been due to the quality and loyalty of our staff and our sincere commitment to our clients in terms of convenience and costs. We have endured challenging times in the legal profession and more importantly sad times as our family at work has had its own sad bereavements down through the years. However, we have supported each other throughout and as a principal I take extreme pride in our manner of coping together through adversity and taking every opportunity to celebrate our achievements. I would like to take this opportunity to thank each and every member of staff, present and past, for the assistance that we have had professionally and the craic together that has made it so enjoyable!!! I hope you all have a wonderful evening on Friday.
Children, let’s settle this like adults. 31 January 2018
‘Gay cake’ case – Supreme Court to sit in Belfast 27 November 2017
The UK’s highest court will sit in Northern Ireland for the first time next April.
Its owners are challenging a ruling that their refusal to make a cake iced with the slogan “Support Gay Marriage” was discriminatory.
The hearing will be the first court proceedings in Northern Ireland to be live streamed.
Five of the court’s 12 judges will travel to Belfast to hear the appeal.
They will also hear a case on whether a policy on allowances for widowed parents breaches human rights law
The appeals have been listed for four days, starting on 30 April.
The judges who will hear them include the president of the Supreme Court, Lady Hale.
The others will include Lord Kerr, who was born in Lurgan and is a former lord chief justice of Northern Ireland.
The Police Service for Northern Ireland is quoted by The Detail, in their investigation in to Stop and Search (March, 2017) saying,
“the PSNI operates to keep people safe,
“We do that through detection (arrest, prosecution) but quite often we prefer prevention and deterrence to stop crimes or harm to people occurring in the first place.
“the fact is that arrest is not necessarily a successful outcome for PSNI nor is it the only successful outcome.
“In many incidents we stop and search people, and in particular young people, to try and deal with the real issues of drug misuse and underage drinking.
“We also aim to prevent young people from carrying offensive weapons or carrying materials, for example fireworks, which may encourage them to get involved in anti-social behaviour.”
The PSNI have also said that new officers are being taught that stop and search is an opportunity for engagement. The evidence suggests differently, engagement with young people has to be built on respect, which includes civility not the assumption that the child is “up to no good”.
Congratulations to our very own Harry McCourt 27 September 2017
Congratulations to our very own Harry McCourt. Harry has just qualified as an advanced advocate having successfully completed the intensive course provided under the joint auspices of the National Institute of Trial Advocacy and the Law Society. This qualification allows rights of audience in some of the higher courts and no doubt our clients will benefit vicariously from his refined and enhanced advocacy. We are very proud of his achievement and welcome this additional asset into our practice.
No matter what time of the day or night, or how long a solicitor has to spend providing you with expert advice and assistance, our services will be free to you as we hold a legal aid contract with the government.
The government recognises that the last thing a person will want to think about when detained by the police under investigation will be whether they can afford to be represented.
You don’t need to worry about that. Ever.
What other reason could you need?
Warning over licences for motoring offences 1 September 2017
Anyone who does not lodge their licence in court when facing a motoring charge will face a disqualification, a judge has warned.
District Judge, Mrs Bernie Kelly, issued the warning after imposing a six month ban on a 32-year-old Lurgan man last Friday at Craigavon Magistrates Court.
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