LEGAL VICTORIES

RMT helpline 0800 376 3706 :: march 2014 :: RMTnews 16 LEGAL VICTORIES Allegations of a criminal offence can happen regardless of whether the alleged offence occurred at work or not. But a criminal record may not only affect the individuals' employment status but also their future job prospects. Powell Spencer and Partners trade union department provides advice and representation to RMT members nationwide on criminal law matters. Over the last few years, this department has helped hundreds of members on a wide range of matters, ranging from speeding offences to serious allegations of theft, fraud and assault. Below are some examples of cases that we have handled recently for RMT members. Names have been changed to protect the identity of the individuals involved. Martin, a train manager, was falsely accused of assault on a passenger, who had made the complaint maliciously after being refused entry onto the train with an invalid ticket. We persuaded the prosecution to drop the charges at trial. Brendan is a railway worker who was charged with GBH and criminal damage following an altercation with a belligerent passenger. After a nine day trial at Snaresbrook Crown Court earlier this month Brendan was found not guilty of all charges. Dave, a railway worker, was charged with theft of a mobile phone which he'd found when on his lunch break. We argued that he was questioned without the correct procedures being followed. At the outset of the trial last month the prosecution were persuaded to offer no evidence. James, a railway worker, was alleged to have taken a photo of a passenger on his mobile phone and was charged with a public order offence. It emerged that the charges were initially exaggerated by British Transport Police and we persuaded the prosecution to drop the charges at a hearing prior to trial. Ross, a revenue collector, was charged with offences contrary to the environment act (ie littering), and also with failing to give a correct name and address, as he mistakenly gave his work pseudonym to the arresting officer. The prosecution were persuaded to drop the much more serious address of failing to give his correct name and address in exchange for a simple guilty plea to the littering offence. Bill, a taxi driver, had ‘totted up’ 12 points on his driving license, which normally entails a mandatory 6 month ban from driving. We made a successful ‘exceptional hardship’ argument at court on the grounds that he would be caused significant financial problems by disqualification from driving, which meant that the member did not lose his license. Jim, a taxi driver, was charged with common assault after an alleged altercation with a cyclist, who turned out to be a prominent politician. Jim went to trial where he was found not guilty last month. Jim was not an RMT member at the time of his offence, and paid us privately for this case, but after seeing what Powell Spencer and Partners did for him, he is now a fully paid up member! PSP also represented three men who stood trial together having been charged with theft of copper belonging to Network Rail. At the close of the prosecution case we made a successful submission of 'no case to answer', meaning that the case was discontinued and the men walked free from court. Furthermore we have had a string of successful attendances at the police station where the prosecution have offered no further action following our dedicated representation. The following are just a few examples of cases where no further action was taken: - a member falsely accused of hitting his child; - a member falsely accused by a co-worker (who had been bullying him) of assault; - a member falsely accused by two member’s of the public with suspected mental illness (who had caused him to fear for his safety) of a public order offence. Therefore if you are contacted by the police, or suspect that you may be, regarding any criminal offence (or licensing hearing if you are a taxi driver), do not hesitate to get in contact with us on our helpline number: 020 7604 5651 during business hours and 0765 911 8181 out of hours. Remember, at the police station you have the right to free, independent legal advice from the solicitor of your choice. Furthermore if your case is related to an alleged offence committed in the course of your employment and/or it will cost you your job then the RMT may make legal funding available. • Powell Spencer and Partners Solicitors has a specialist department dealing only with trade union members. This department is based at our Ealing Office and is headed by solicitor Chris Humphreys and assisted by solicitor Liam Welch and experienced paralegal Liani Holland. DEALING WITH CRIMINAL CHARGES Powell Spencer and Partners solicitors represent RMT members facing criminal allegations