The Times and other major news outlets recently published damning reports on the shocking conditions in UK prisons. The situation is so dire that other countries, including Germany and the Netherlands, have in the past refused to extradite criminals to Britain due to concerns about human rights violations. This is an alarming indictment of our justice system—how bad must things be for other nations to see UK prisons as unfit for detainees?

The post The Appalling State of UK Prisons: A Crisis Ignored appeared first on MK Law.

The background

Tom Gregson represented our client, a woman of previously good character, who found herself coerced into committing a crime. She was in a relationship with a serving prisoner who instructed her to collect a package and bring it to him during a visit. Threats were made against her and her children, leaving her with no real choice.

During the visit, while staff were distracted, she handed over the package, an act caught on CCTV. She was arrested, charged, and pleaded guilty at the first opportunity. The prosecution accepted that she acted under duress, fearing for her family’s safety.

A sentence that ignores the circumstances

• She was a mother with sole responsibility for her two children, aged 15 and nine.
• She was heavily pregnant, due to give birth within months.
• A psychological report confirmed she suffered from moderate to severe anxiety and depression, which would be exacerbated in custody.
• A pre-sentence report assessed her as low risk of reoffending and noted a strong prospect of rehabilitation.

Despite this, the sentencing judge determined that an immediate custodial sentence was necessary, disregarding the devastating impact on her children and the wider implications of incarcerating a vulnerable mother.

A failed appeal

The post Justice Denied: the unfair sentencing of a vulnerable mother appeared first on MK Law.

We picked up our client as a duty solicitor at Magistrates Court where he was being charged with wounding with intent and use of a knife to cause injury—a serious offence carrying severe consequences. However, from the very beginning, we strongly believed that the wrong person had been accused.

The CCTV footage, though grainy, clearly indicated that our client was the victim and had acted purely in self-defence.

Despite repeated bail applications, the court remanded our client in custody, adding to the stress and hardship of an already difficult situation. But we were determined to ensure the truth prevailed.

Using Expert Evidence to Uncover the Truth

Alison Marks worked the case alongside Patrick Maggs from 15 New Bridge Street chambers.

And with the invaluable assistance of expert analysts from Forensic Equity, they meticulously examined the evidence and identified critical material that the Crown Prosecution Service (CPS) had failed to disclose. Recognising the weaknesses in the prosecution’s case, we relentlessly pursued full disclosure, exposing flaws in the evidence against our client.

Ultimately, following a thorough review of their case, the CPS had no choice but to offer no evidence—resulting in our client’s acquittal. Without the teams expert knowledge our client could have been looking at a sentence of up to 7 years.

Fighting for Justice, Every Step of the Way

This case highlights the importance of proactive defence work and the crucial role of expert analysis in challenging wrongful charges. At MK Law, we will always go the extra mile to protect our clients’ rights and ensure justice is served.

If you or a loved one are facing criminal charges, we are here to help. Contact MK Law for expert legal representation.

I always believed that our client was the wrong person charged with wounding with intent. The CCTV, although grainy, showed our client was the victim, who had acted defensively.

Alison Marks

The post Acquittal secured for wrongfully charged client appeared first on MK Law.

MK Law has recently achieved a significant legal victory, successfully defending a client accused of Sexual Assault. The allegations stemmed from an incident following a night of socialising among friends, during which the defendant was accused of going upstairs and assaulting the sleeping complainant.

The sexual assault was alleged to have happened whilst the complainants’ partner and our client were downstairs playing video games. The only time the two were not together were on occasions when our client went to use the bathroom during which the alleged incidents were said to have taken place.

Case goes to trial at Croydon Crown Court

The post Unanimous Not Guilty Verdict on Sexual Assault Charges appeared first on MK Law.

During his interview it was unclear what grounds for suspicion existed, although it appeared to be something to do with his motorbike, which he had reported stolen approximately 2 weeks prior to his arrest (and therefore approximately 18 months after the murder).

He was detained for a period of 12 hours.

On 4^th August 2020 a letter notifying our client that the police had decided to take no further action against him was generated. Our client did not receive any such letter and remained of the belief that he was a suspect in a live murder investigation until he finally learnt of the NFA decision when arrested on unrelated matters on 16^th March 2021.

Property seized by police following our client’s arrest was not returned to him until various IT items were returned on 21^st April 2021 and the remaining items not until 18^th August 2021.

Our client lodged a formal police complaint, which investigation was not able to determine whether the NFA letter dated 4th August 2020 was actually posted to our client, concluding “on the balance of probabilities” that it was, without securing the recollection of any particular officer / employee that they had sent it.

His complaint was upheld with regard to police unlawful retention of his property long after the NFA decision was made.

We then threatened legal action for false imprisonment, assault, trespass to goods and breach of article 8 ECHR (in respect of the failure to inform him that the matter had been NFA’d). The Met denied liability and refused to disclose the basis for the arrest on the grounds that this may undermine a live investigation. We issued proceedings not least because in a civil claim for false imprisonment, once the Claimant has proved that they were detained, it is for the Defendant to prove that they were detained lawfully.

Once proceedings were issued the Met filed a defence giving some limited details of the grounds for the arrest to the effect that the arrest had followed “intelligence” from a 3^rd party.

We have settled at £5k for our client, good news for him and a news story which the Islington Gazette found worthy of a write up.

Client review

After the case the clients partner left this review for Duncan Burtwell on Google Reviews

Very greatful of Duncan professional approach, listened and advised, shoed me he cared what happened to me, which really appreciated because at times I suffered mentally from being wrongfully arrested. Duncan to became more than just a solicitor but a friend that I could chat to on how was feeling. Thank you so much.

The post Actions Against the Police team secures a £5,000 settlement for our client  appeared first on MK Law.

Manisha’s recognition is a testament to her unwavering commitment to justice, her expertise in criminal law, and her ability to lead a thriving legal team. Under her leadership, MK Law has become a respected name in the legal world, representing clients in complex cases and advocating tirelessly for fair outcomes.

Manisha stated:

“This award is a reflection of the hard work and values of my team at MK Law. Together, we are committed to amplifying the voices of those who need us most and ensuring justice remains accessible to everyone.”

At MK Law, we handle a wide range of legal matters, from private criminal defence to legal aid cases. Our firm is also known for its expertise in complex legal issues, including EncroChat cases, and for providing a compassionate, client-centred approach to every case.

This latest achievement further cements our reputation as a leader in the criminal defence field.

We thank the Society of Asian Lawyers for recognising Manisha’s contributions and look forward to continuing our mission of delivering justice with integrity, empathy, and excellence.

The post Manisha Knights Wins Prestigious “Criminal Lawyer of the Year” Award appeared first on MK Law.

In May 2021, the defendants had invited police officers into their home to speak with their son and brother. Police proceeded to question the boy about an alleged offence without cautioning him. They expressly said that they were not there to arrest him but wanted to have an “adult conversation”. 

The boy repeatedly stated that he did not know anything about the offence. Eventually officers told him that if he did not confess, they would in fact arrest him. He then said “OK I’ll get ready” because he was just wearing boxer shorts. 

Officers interpreted this to mean arm himself, and used excessive force to arrest him. At this point, his mother and older brother intervened and were arrested for assaulting an emergency worker. 

Client charged three years later for assaulting an emergency worker

Unusually, the case was not charged for 3 years, until March 2023, which the police stated was due to confusion over which postal requisition system to use and taking 6 months to download a mobile phone video. 

The Defendants never received the postal requisition in any event, and so were arrested on a warrant at their own home at 8am Monday 25 March 2024. They were held in custody for over 48 hours until their production at court on Wednesday 27 March 2024. 

At that hearing, MK Law’s trial specialist Samantha Gilmour

Sam Gilmour made extensive representations to the District Crown Prosecutor that the delay was an abuse of process, and the case was not in the public interest. He agreed and the case was withdrawn in open court. 

However, after the officers made a victim right to review request, the Crown reinstated proceedings.

Both defendants then pleaded not guilty and elected Crown Court trial. 

Legal representations made

Terisa Chaudary represented both defendants as litigator, and instructed Harry Martin and Tom Gregson as in-house advocates. 

Together, they set the matter down for an abuse of process hearing and submitted representations that the case was not in the public interest. 

It was argued that the conduct of the prosecuting authorities amounted to a limb (ii) abuse. MK Law argued that the initial conduct of the officers, the unjustifiable delay, and the representation to the defendants in open court that proceedings were over, taken together, were an affront to the rule of law. And therefore, given the offence was not serious, the balance lied in favour of staying proceedings. 

At the initial hearing on abuse, the Crown failed to produce a skeleton argument in response. A further hearing was therefore listed for the Crown to reconsider whether proceedings were truly in the public interest, and if so produce a skeleton argument in response. 

At the next hearing, the Crown did not contest the abuse and formally offered no evidence, definitively ending proceedings against these defendants. 

The post MK Law successful in abuse of process case  appeared first on MK Law.

Our client was initially arrested and represented by another firm during the police station phase. After being charged, he sought our services based on a recommendation and his legal aid was transferred. The charge stemmed from CCTV footage showing a group of masked individuals breaking into a house whilst armed with knives and baseball bats. They stole items valued at over £100,000.00

Aggravated burglary case goes to court

The Crown’s case revolved around identification and circumstantial evidence, including cell site and ANPR evidence. The Defence case was that the CCTV footage showed that the individual the Crown claimed was our client was taller and slimmer than him. Additionally, there was no other direct evidence connecting our client to the crime or the subsequent disposal of the stolen items.

Following a four-day trial at Snaresbrook Crown Court, the jury deliberated for just an hour and a half before acquitting our client. He was promptly released and reunited with his young family. Without the team’s determination and expertise, our client could have been facing a sentence exceeding 10 years.

The post Client found not guilty on aggravated burglary charges appeared first on MK Law.

A very dubious arrest

Our client was out on a work do in the City when he was grabbed by City of London police and forcibly detained and then arrested. The polices use of force resulted in the dislocation of our clients index finger and severing of the tendon. He was taken to Bethnal Green Police Station with blood dripping from his wound. Rather than bringing him inside the police station, officers got the Forensic Medical Examiner to come out and look at the injury. The FME promptly  advised that our client needed to get to hospital immediately. Only at this point was he released from handcuffs.

He was taken to Royal London and remained in police custody until a consultant confirmed that he required immediate surgery. At this point he was street-bailed. On returning to the police station by appointment, he was interviewed as a volunteer and Hulusi Ali represented him. He denied any offence and provided police with contact details for multiple witnesses to the incident, none of whom police spoke to before confirming that they were going to take no further action.

An official complaint against the police

Our client then lodged a formal police complaint, which was not upheld, other than noting that he might have been released from the handcuffs sooner. Hulusi then advised our client to contact Duncan Burtwell from our Actions Against the Police team. This was because Hulusi had viewed the police body worn video footage of the arrest and had formed the view that it did not support the police allegation that our client had assaulted the officers.  We threatened to sue for false imprisonment, assault and negligence. Rather than take the matter to court, the City of London police have agreed to pay our client compensation of £23,000.

The post City of London police agree to pay our client £23,000 compensation appeared first on MK Law.

Recent events in the news have shed light on how the criminal justice system handles youth crime, especially during incidents like the recent riots sparked by the Southport stabbings. In one particular case, a 14-year-old boy avoided punishment  after police and the CPS decided that the strict discipline from his parents was more effective than any formal sentence.

The boy had been caught up in the riots, and when his family saw evidence of his involvement on social media, they took him straight to the police station. The firm discipline from his parents was deemed a more appropriate response than taking the child through the courts. This approach is in contrast to some families who regarded the riots as a “day out,” according to some officers. This demonstrates how effective parental involvement can sometimes be in deterring future offences.that they can confide in you.

Some tips on what to do if your child is arrested

But what should you do if your child has been accused of being caught up in criminal activity or is being questioned by the police? As a parent, it’s crucial to know how to respond. There is no single way to handle it but here are some steps you could take:

1. Provide support

The post What to Do If Your Child is Arrested or Questioned by Police: A Practical Guide for Parents appeared first on MK Law.