Emma Hawkins is a Legal Clerk and has worked for Swain & Co Solicitors since 2007.
Her personal interests include spending time with her family, cinema and music.
A selection of Emma’s recent success cases:
We had a client who received a lengthy determinate sentence and felt this was manifestly excessive and that he was negligently advised as to the sentence he would receive. He also felt he was not given enough credit for his Guilty plea, although he only pleaded Guilty the week before his trial. The client also argued that he had played a lesser part than his accomplice, who he refused to name to the police.
Counsel gave positive advice to take the matter to the Court of Appeal and the client’s sentence was reduced from 14 years to 10 ½.
We also had a client who had made exceptional progress in prison and made an application to have his tariff reduced. This was an extremely lengthy case and one which took a long time to gather the required information. However, once the case reached the Court of Appeal, the Judge agreed to reduce our client’s tariff from 20 years to 17, which was a significant result for the client.
We also had a client who was referred to us by his mental health team, who was serving an IPP sentence but who had been transferred to hospital some time ago. We persevered in taking instructions from the client and in getting Legal Aid forms signed, as the client was suffering from a rare form of schizophrenia which meant he was largely mute and uncommunicative, although improving slowly through treatment.
Our client remained mute at his trial and was unrepresented. The Court made a reference to having a psychiatric report prepared on our client, but this was not done and client received an IPP sentence.
The Court of Appeal overturned this conviction and replaced client’s IPP with a hospital order, which is of much greater benefit to the client and to his future treatment needs.