Information & Support for Door Supervisors - National Doorwatch

The recent aquittal of Door Supervisor Steven Hopkins on charges of manslaughter was a major surprise to those working in the industry. It wasn't a surprise to Stevens defence team, but it was hard work. In the end it was a combination of all this behind the scenes effort, plus CCTV evidence and Stevens personal testimony which made the result possible.

How Steven Hopkins, walked from court a free man after standing trial for Manslaughter. Simon Nicholls of Belmores Solicitors tells it how it is!

One Strike Manslaughters

There has been considerable interest both locally and nationally in the case of a Norwich Door Supervisor charged with, and subsequently found Not Guilty, by a Jury, of Manslaughter. I will not pretend for a moment that in the current Sentencing Climate, of what are often called ‘one strike Manslaughters,’ it was not a difficult case to defend. Indeed having been also involved in the recent case that went (with others) to the Court of Appeal for a tariff to be set for these type of cases, the Defence Team were only too aware of what the likely sentence would be if our Client either pleaded Guilty or was found Guilty. Indeed there was much pessimism about our chances of success outside of the Defence Team and as always the media were keen to place the more negative elements in the spotlight. I was aware that many within the door industry were looking on with interest and expectation as to the outcome.

The truth about Self-defense

The major problem that I have to contend with is the wrong perception of both the public and politicians alike as to what the accurate position is in relation to the issue of self-defence. We constantly hear in the media calls for changes in the law to assist householders and the like, when in reality the Courts have very effectively laid down guidance over the last century and a half plus as to what the true position is. People (including sometimes Lawyers!) think that self-defence is a ‘defence’, that is something that the Defendant has to prove like other defences. That is wrong. Self-defence is an ‘issue’ in the case and once raised legitimately has to be disproved ‘beyond reasonable doubt’ by the Prosecution.  It is therefore vital, indeed paramount, that when people are suspected of any assault they should, without fail, have a Lawyer with them in the Police Interview.

The difference between freedom and conviction is representation!

I have lost count of the number of Clients we have represented, who thought they could deal with the Police Interview themselves and have essentially put ‘the rope round their own necks’ by either a mistaken use of terminology or a misunderstanding of the Law. A simple example:

a)     ‘I thought he was going to hit me so I hit him first’

b)    ‘He provoked me into hitting him’

To the ordinary person, the same thing! 

To the Court,

a defence in a)

and an admission of wrong doing in b).

Free Advice

Having a Solicitor there in Interview is free. Frankly who would be stupid enough to turn down having a Lawyer for free? Amazingly enough a substantial number of people do, assuming that having a Lawyer there will either irritate the Police (it may well do, but ask the question why?) or will cause delay (despite the fact our response time is very closely monitored by the Legal Services Commission). The Trial starts during those first few minutes of the initial interview and it is vital that people are properly advised right from the word ‘go!’

Simon's top tips! 

So here are my simple list of do’s and don’ts:

a)     Always have representation at the Police Station. If you have done your    homework properly you will have stored in your speed dial the number of a Solicitor who is highly regarded and recommended amongst your friends and colleagues. Representation is still free, though who knows what the future holds?

b)    If you don’t have someone in mind, there is always the Duty Solicitor Scheme. This is also free, it’s independent of the Police and is highly regulated which means you should get advice, which although the quality may vary, should provide a substantially better support package than trying to do it yourself. Remember even if you do have the Duty Solicitor at the Police Station that does not bind you to have them at Court if you are charged. Only complete and sign Applications for Legal Representation with them if you have confidence in them looking after you at Court. These initial decisions may often prove decisive later on, pause and reflect. Do not be afraid to ‘say thanks for looking after me today; I would like some time to think before I decide who I want as my Trial Lawyers’. If they are any good and confident in their own abilities they will respect you for your wish to make an objective decision when you have asked around.

c)     Never listen to anyone who says ‘they know a man, who knew a man, who got a ten pound fine for what you did’. Most of these stories turn out to be complete pants or a total distortion of the facts when held up to the light

d)    Never assume that the Police are on your side. Remember you are a suspect not a witness; your only ally in that situation is your Lawyer! And don’t fall for the ‘you won’t be arrested; it’s just a Voluntary Statement’. It is exactly the same, it’s an interview under caution and is just as damning. And don’t fall for the old chestnut, ‘if you take a Solicitor with you that will make you look Guilty!’

e)     Be a pain in the backside! It’s your case, don’t just sit there assuming your legal team know what they’re doing. They probably do but ask questions, challenge decisions if you feel they are not the ones you should be making. We treat our Clients as ‘partners’ in the trial preparation process, people feel much more confident if they are kept in the loop. After all at the end of the day we’ll still be going home in the evening, whereas you may have new rent free accommodation sharing a room with a couple of complete strangers watching endless repeats of Porridge only to realise you’re in it not watching it!

So there we are a few observations and helpful hints. In the current climate it is far more likely than not that the advice will be to prosecute in situations where it is unclear whether a door supervisor was acting reasonably or not. The preparation of your defence starts the moment you become a suspect. Make sure the old Boy Scout motto becomes yours!

Be Prepared!