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Criminal defence covers the legal representation of anyone accused of a criminal offence in England and Wales. Whether you have been arrested and taken to a police station, charged with an offence and released on bail, or summoned to appear at a magistrates’ court, a solicitor’s involvement from the earliest stage affects how your case develops.
Scarsdale Solicitors is a private criminal defence firm based in Rochdale, Greater Manchester. We represent clients at police stations, magistrates’ courts and Crown Courts across England and Wales. Our director, Shazia Ali, has spent over 20 years defending people accused of criminal offences, from common assault cases heard at the magistrates’ court in a single morning to serious GBH charges that run for weeks at the Crown Court.
We are a paid-services-only firm. We do not offer Legal Aid. Every client receives direct access to their solicitor. No call centres, no being passed between departments. You will know who is handling your case, and you can reach them when you need to.
From compassionate guidance to tailored legal advice and skilled representation, our criminal defence solicitors go beyond providing legal services. We build trusted partnerships that put your needs first and ensure you receive the dedicated support you deserve throughout every stage of your case.
Our team has extensive experience defending a wide range of motoring offences, from speeding to dangerous driving.
We ensure you understand the potential penalties and consequences you face.
We provide robust representation and advocacy to obtain the best outcome for your circumstances
We provide clear, jargon-free legal advice you can trust.
Our solicitors have secured positive outcomes for countless motoring offence cases.
Our criminal defence practice covers a defined set of offences. We have chosen to focus on the areas where we have the deepest experience and the strongest track record, rather than spreading across every category of criminal law.
Assault charges in England and Wales fall into distinct categories, each carrying different maximum sentences. We defend all levels of assault from common assault through to grievous bodily harm.
Offence | Legislation | Court | Maximum sentence |
|---|---|---|---|
Common assault | Magistrates’ | 6 months custody | |
Assault occasioning ABH | Either way | 5 years custody | |
GBH (inflicting) | Either way | 5 years custody | |
GBH with intent | Crown Court only | Life imprisonment |
The difference between charges often comes down to the level of injury and whether the prosecution can prove intent. A split lip might be charged as ABH, but the same injury could be charged as common assault if the evidence of lasting harm is thin. We examine medical evidence, CCTV footage, witness statements and police body-worn camera recordings to challenge the charge level.
Self-defence is the most common defence in assault cases. Under Section 76 of the Criminal Justice and Immigration Act 2008, you can use reasonable force to defend yourself, another person, or your property. What counts as “reasonable” depends on the circumstances, and building that argument properly is where experienced representation matters. Our Manchester criminal defence team handles a high volume of assault cases from across Greater Manchester.
The Protection from Harassment Act 1997 created two tiers of harassment offences. Section 2 covers basic harassment (a course of conduct causing alarm or distress), while Section 4 covers putting someone in fear of violence. Stalking was added as a separate offence under Sections 2A and 4A in 2012.
Harassment charges often arise from situations that have a back story: neighbour disputes, workplace disagreements, relationship breakdowns. The prosecution may present a pattern of contact that looks damaging when stripped of context. We build the context back in: why the contact happened, whether it was genuinely threatening, and whether it amounts to a “course of conduct” as the law defines it. Sometimes what the police label as harassment is a civil matter, not a criminal one, and should never have been charged.
Restraining orders are frequently sought alongside harassment cases. Even if you are acquitted of the harassment charge itself, the court can still impose a restraining order under Section 5A of the Protection from Harassment Act. We represent clients at restraining order hearings and challenge orders that are disproportionate to the actual risk.
Public order offences under the Public Order Act 1986 range from Section 5 (causing harassment, alarm or distress) to Section 1 (riot). The charge you face depends on how serious the prosecution considers the behaviour:
Offence | Section | Maximum sentence |
|---|---|---|
Causing harassment/alarm/distress | Section 5 | Fine (level 3) |
Disorderly behaviour with intent | Section 4A | 6 months custody |
Fear or provocation of violence | Section 4 | 6 months custody |
Affray | Section 3 | 3 years custody |
Violent disorder | Section 2 | 5 years custody |
Section 5 charges are among the most overused in criminal law. Police officers sometimes charge Section 5 after minor verbal exchanges that would not meet the legal threshold of causing genuine “harassment, alarm or distress” to a reasonable person. We challenge weak Section 5 charges regularly and achieve a high success rate across these cases.
Affray is more serious. The prosecution must prove that you used or threatened unlawful violence and that a reasonable person present at the scene would have feared for their safety. Pub and nightclub incidents often attract affray charges. We represent clients accused of affray at both the magistrates’ court and Crown Court, and we often argue cases down from affray to a lesser Section 5 offence, which carries a fine rather than custody.
Carrying an offensive weapon in a public place is an either-way offence under Section 1 of the Prevention of Crime Act 1953. The maximum sentence at the Crown Court is 4 years. For knives specifically, Section 139 of the Criminal Justice Act 1988 makes it an offence to carry a bladed or sharply pointed article in a public place without lawful authority or reasonable excuse.
The defence usually turns on whether you had a reasonable excuse for carrying the item. A work tool in your bag on the way to a job site is different from the same item carried at 2 am in a town centre. We argue for lawful authority, reasonable excuse, and the circumstances of the stop and search. If the police search was unlawful (carried out without reasonable grounds under PACE Code A), the evidence may be excluded entirely.
Criminal damage under the Criminal Damage Act 1971 covers destroying or damaging property belonging to another person. The charge is summary-only when the value of the damage is under £5,000 (heard at the magistrates’ court, maximum fine of £2,500) and either-way when the value exceeds £5,000 (maximum 10 years at the Crown Court).
Arson (criminal damage by fire) is always treated as an indictable offence regardless of the value of damage, carrying a maximum sentence of life imprisonment. We represent clients facing criminal damage charges from minor property disputes through to serious arson allegations.
The defences include honest belief that the property owner would have consented, acting to protect other property, and challenging the prosecution’s valuation of the damage.
Driving offences that cause serious injury or death fall within our criminal defence scope as well as our motoring law practice. Causing serious injury by dangerous driving under Section 1A of the Road Traffic Act 1988 carries a maximum of 5 years at the Crown Court. Causing death by dangerous driving carries a maximum of life imprisonment following the 2022 sentencing changes.
These cases overlap with our dangerous driving defence work and our careless driving practice. Where a driving offence results in criminal charges and a Crown Court trial, our criminal defence team and motoring law solicitors work together on the case.
If you are arrested and taken to a police station, you have the right to free and independent legal advice under Section 58 of PACE 1984. This right applies regardless of the offence. You should exercise it before answering any questions.
Here is what happens when you call us from a police station:
We attend police stations across Manchester and the North West, and we can arrange representation at stations across England and Wales through our network.
Criminal cases are heard at two levels: magistrates’ courts and Crown Courts. The court that deals with your case depends on the classification of the offence.
Summary offences (common assault, Section 5 public order, low-value criminal damage) are heard only at the magistrates’ court. The maximum sentence a magistrate can impose is 12 months for a single offence.
Either-way offences (ABH, GBH Section 20, affray, weapons charges, higher-value criminal damage) can be heard at either the magistrates’ court or the Crown Court. You have the right to elect Crown Court trial, and the magistrates can also send the case up if they consider their sentencing powers insufficient.
Indictable-only offences (GBH with intent, arson, causing death by dangerous driving) must be heard at the Crown Court before a judge and jury.
We represent clients at magistrates’ courts and Crown Courts across England and Wales. For clients based in Greater Manchester, most cases are listed at Manchester and Salford Magistrates’ Court, Manchester Crown Court (Crown Square), or Manchester Crown Court (Minshull Street). Rochdale-area cases are also heard at these courts.
Scarsdale Solicitors is a paid-services-only criminal defence firm. We do not offer Legal Aid. Every client receives the same standard of preparation and attention. There is no two-tier service.
Shazia Ali, our director, leads the criminal defence team. She has spent over 20 years practising criminal law, from her early career at the police station through to complex Crown Court trials. She personally reviews every case that comes through the firm.
What you get when you instruct us:
We do not handle sexual offence cases. If you need a solicitor for a sexual offence allegation, we can point you towards specialist firms that focus on that area.
Our office is at Reed House, 3-4 Hunters Lane, Rochdale, OL16 1YL. We represent clients at police stations and courts across England and Wales, with particular depth of experience in:
We also handle immigration matters, motoring offences, and divorce from our Rochdale office.
Expert criminal defence solicitors providing legal services in major cities, towns, and boroughs throughout England and Wales.
Stay calm and give your name and address when asked, but do not answer questions about the alleged offence until you have spoken to a solicitor. Tell the custody sergeant you want legal advice. You have the right to a private phone call with a solicitor before any interview takes place. Call Scarsdale Solicitors, and we will attend the police station to advise you.
We charge fixed fees based on the offence, the court, and the expected number of hearings. We provide a quote during your free initial consultation. For a common assault case at the magistrates’ court, the fee is significantly less than a GBH trial at the Crown Court. You will know the full cost before you instruct us.
ABH (actual bodily harm) means any injury that goes beyond trifling: a black eye, a split lip, or significant bruising. The maximum sentence is 5 years. GBH (grievous bodily harm) means really serious injury: broken bones, wounds requiring stitches, injuries that cause permanent scarring or loss of function. GBH under Section 20 also carries 5 years maximum, but GBH with intent under Section 18 carries life imprisonment.
If you are acquitted at trial or the prosecution drops the case, you do not receive a conviction. If you have already been convicted, you cannot have the conviction “dismissed,” but spent convictions do not appear on standard DBS checks under the Rehabilitation of Offenders Act 1974. The time it takes for a conviction to become spent depends on the sentence imposed.
You are never required to have a solicitor present, but it is strongly recommended. The police interview is where most cases are won or lost. Without legal advice, people often say things that damage their defence without realising it. A solicitor will review the disclosure before the interview, advise on your options, and intervene if the police overstep.
The magistrates’ court handles summary offences and less serious either-way offences. Cases are decided by magistrates (lay or district judges) without a jury. The maximum sentence is 12 months for a single offence. The Crown Court handles serious either-way offences and all indictable-only offences. Cases are decided by a jury with a judge directing on the law. Sentences can be significantly longer.
No. Scarsdale Solicitors does not handle sexual offence cases. If you need representation for a sexual offence allegation, we recommend contacting a specialist firm that focuses on this area of law.
It depends on the charge and your employer’s policies. Some professions require DBS checks, and an unspent conviction will appear on an enhanced check. Even before conviction, an arrest or charge can trigger employer investigations in regulated industries. We advise on the employment implications as part of our defence strategy and represent clients who need discretion around their professional life.
Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.
I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs
I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs
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