Services

We specialize in providing legal representation for high-profile individuals involved in extradition matters, including defending against substantive extradition proceedings under the European Arrest Warrant and Category 2 States. Due to recent changes in this area, there has been a significant increase in the number of European Arrest Warrants being issued across Europe. Therefore, it is crucial for individuals facing potential or actual prosecutions to receive timely and expert advice.

Our expertise lies particularly in handling complex cases involving cross-border and multiple jurisdictional issues, such as abuse of process, prison conditions, and human rights violations. We regularly appear at Westminster Magistrates’ Court and the High Court and assist our clients with appeals to the Supreme Court. We are confident in providing advice and guidance to parties at all stages of the legal process. If you need assistance in this area, please do not hesitate to contact us.

We utilize our extensive network and international links with other jurisdictions to provide our clients with comprehensive advice on all relevant aspects of their case, including legal consultations, obtaining evidence from overseas, and negotiating with foreign authorities. Extradition can be a daunting and stressful process, but our expertise in this complex area of law enables us to effectively challenge extradition requests and protect the rights of our clients.

Sexual Offenses

If you are the subject of a police investigation or criminal court proceedings involving a historic sexual crime or indecent offenses, sexual abuse, accused of rape, accused of and are subject to an investigation regarding indecent images, this can be possessing or making indecent images you need specialist help. These charges could lead to lengthy prison sentences. To preserve your innocence it is crucial that you seek legal advice from a specialist solicitor experienced in this area of law. If you do not receive the advice needed in these very serious charges it can have a very negative impact on your reputation and cause harm to your family.

Definitions

What is a sexual offense?

Under the Sexual Offenses Act 2003 consolidated and updated previous law and legislation in this area. There are wide range of different sexual offenses.  Any alleged offense which took place after 20 November 2003 will be investigated (and if applicable prosecuted) by reference to this Act. Any alleged offense which took place before this date will be investigated by reference to the previous legislation (historic sexual offenses).

If accused of a sexual offense?

The police are likely to want to interview you under caution in the first instance. In most circumstances, this interview will take place in voluntary conditions but it is possible that you could be arrested.

At the police interview

You are likely to be ‘released under investigation’ or on bail (although there are restrictions on police bail). The case is likely to be referred to the Crown Prosecution Service for a decision to be made as to whether there is sufficient evidence to warrant a prosecution.

What is consent?

The definition of ‘consent’ is in s74 of the Sexual Offences Act 2003 as agreement by choice, where there is freedom and capacity to make that choice. There are certain ‘presumptions’ about consent contained in sections 75 and 76 of the Act. However, it is important to recognize that the relevant provisions require the prosecution to prove that the accused did not have a reasonable belief in consent.

At the trial

Some sexual offenses are technically classed as ‘either-way’ offenses.  This means that you will be able to elect to be tried in the Crown Court by a jury.  In practice, the Magistrates’ Court will often decline jurisdiction in any event.  More serious offenses, such as rape are triable only in the Crown Court.

Montague Solicitors is a leading law firm with a strong reputation for defending clients against serious criminal charges. They have been actively involved in many high-profile cases over the years.

We are a team of experienced defence solicitors who specialize in serious crime cases, such as murder, manslaughter, throwing corrosive substances, serious assault or GBH, guns and knife crime, and robbery. We have a proven track record of achieving acquittals for our clients under the Serious Crime Act of 2015,

If you are facing a serious crime charge, it is crucial to seek the assistance of an experienced legal defence specialist who is well-versed in this highly complex area of law. It is important to note that not all solicitors have the necessary expertise in this field, where the repercussions of a guilty verdict can be severe for both the accused and their loved ones. To ensure the best chance of successfully defending against a serious crime allegation, it is recommended to seek the services of a reputable law firm with seasoned solicitors who are experts in this area. If you require legal representation from one of the top serious crime defence law firms in the UK, with a proven track record of successfully defending against serious crime charges, please call us now at 020 7226 8238 or complete the form on this page.

Homicide Offences

Criminal charges involving crimes such as manslaughter or murder are prosecuted under the Offences Against the Person Act 1861 and can lead to a whole life custodial sentence. The nature of these crimes therefore requires robust criminal defence. At Montague Solicitors we consistently undertake a detailed analysis of the evidence and issues relating to each case and adopt a strategic approach in ensuring the fairest possible outcome for our clients.

Murder

It is up to the prosecution to prove that a person of sound mind unlawfully killed another person and they had the intention to kill or to cause grievous bodily harm. Complete defences to murder include self-defence, as do partial defences, including diminished responsibility and loss of control.

Manslaughter

Manslaughter can be either voluntary or involuntary. Involuntary manslaughter applies where a person has caused the death of another but they have done so without the intention to kill or cause grievous bodily harm. The Corporate Manslaughter and Corporate Homicide Act 2007, introduced the new offence of corporate manslaughter, which makes it an offence for a qualifying organisation to cause a person’s death through a gross breach of a duty of care owed by the organisation to the deceased.

Joint Enterprise

There are complex legal issues surrounding the doctrine of joint enterprise where the accused person is said to have been part of a group activity where a murder has been encouraged or they have been complicit. The prosecution would have to prove that even though the accused may not have been the aggressor, they had the same intention of killing or causing serious harm.

The Next Steps

Our lawyers have a wealth of experience in finding flaws in the cases against our clients, which often leads to charges being dropped before they reach court. Where a conviction is unavoidable, we will always offer realistic guidance and robust representation to minimise criminal penalties as well as resulting implications.

If you are accused of an offence, our lawyers can represent you, make sure your legal rights are protected and present your case in court to ensure that you are given a fair hearing. We offer competitively priced fee levels for private client representation with fixed fees and advance notice of any costs whenever possible.