How to disprove false allegations

Being falsely accused of a serious criminal offence is many people’s worse nightmare. If this is you, you are probably feeling frustrated, angry, and scared. You may be reading this whilst on remand in prison, wondering what your options are for providing your innocence. Undergoing a criminal investigation for something that you did not do can feel overwhelmingly unjust. But what should you do if you find yourself in this situation?

This article explains the situations when making false allegations is a criminal offence, how to defend yourself from false allegations, and what the penalty is for making false allegations. Remember that you should always seek the assistance of a solicitor for specialist advice tailored to the facts of your case.

Is making false allegations a criminal offence?

Making a false allegation of a crime against another person can be a criminal defence depending on the circumstances. The two criminal offences that could apply are perverting the course of justice and wasting police time contrary to 5(2) of the Criminal Law Act 1967.

Perverting the course of justice

Perverting the course of justice is a common law offence, which means that it has been developed by subsequent decisions of the courts of England and Wales. A person commits this offence when they commit an action or series of actions that have a tendency to (i.e. could) and are intended to interfere with the administration of justice. For example, giving false testimony in court that you have been assaulted by a police officer. The offence is committed regardless of whether the person successfully alters the course of justice. Therefore, even if the police officer was not actually convicted as a result of your testimony, the charge of perverting the course of justice could still – theoretically – be brought against you.

The offence of perverting the course of justice can be brought in circumstances where an event has taken place from which it can reasonably be expected that an investigation (usually a police investigation) has already started or will be started, or where court proceedings might start or have already started.

Perverting the course of justice is a serious offence triable only on indictment, which means it must be heard in the Crown Court. The CPS are generally cautious about the circumstances in which they bring a prosecution for perverting the course of justice. A prosecution will usually only be brought where the interference with justice has had serious consequences, for example, where an innocent person has been convicted. Therefore, even if a person has made a false allegation against you to the police or in court, in most cases they will not be prosecuted for perverting the course of justice.

Wasting police time

Wasting police time is another offence that can be brought against someone who has made a false accusation. It occurs where:

• a person causes any wasteful employment of the police
• by knowingly making to any person a false report tending to show that an offence has been committed
• or to give rise to apprehension for the safety of any persons or property
• or tending to show that he or she has information material to any police inquiry

The offence of wasting police time can be committed even where the false report was not made to the police. The prosecution must be able to show that the person who made the false report did so intentionally.

Wasting police time is a less serious offence than perverting the course of justice. It is a summary only offence, which means that it is usually heard in the Magistrates’ Court. The charge must be laid within six months of the date of the alleged offence. The police must obtain the consent of the Director of Public Prosecutions (DPP) to bring the charge. The police must also consider whether prosecution of the offence is in the public interest. CPS guidance sets out factors that suggest that a prosecution should be brought. These include:

• significant diversion of police resources (10 hours or more)
• where a substantial cost is incurred – for example, a police helicopter is used
• where the false report is grave, malicious, or causes considerable distress to a person
• where the false report was premeditated
• where the false reporter continued to allege the false report even when challenged

In other, less serious cases, the police are encouraged to find out of court resolutions – such as issuing the suspect with a fixed penalty notice, rather than prosecuting this offence. In reality the majority of false allegations will not result in a charge of wasting police time being brought.

How to defend yourself against false allegations

If a person has made a false allegation against you that has resulted in a police investigation being opened, you should seek the advice of a criminal defence solicitor without delay.

Even though you know the charge is false, you should take the police investigation seriously. Your criminal defence solicitor will help you gather the evidence that is needed to disprove the allegations. For example, let’s say you have been accused of rape. Providing your forensic evidence or giving witness testimony that the person making the allegation consented to the sexual activity could help secure your acquittal.

Once the case against you has been dropped, you can make enquiries with the police to find out if they intend to charge your false accuser with perverting the course of justice or wasting police time. If the answer is no, you could consider bringing a private prosecution, pursuant to 6(1) of the Prosecution of Offences Act 1985. A private prosecution is where you bring the prosecution yourself as a private individual, instead of the prosecution being brought by the CPS. This may be an option that would enable you to obtain justice and accountability for experiencing a false accusation. However, it may be a costly process. You can discuss this with your solicitor.

What should you do if someone falsely accuses you of sexual abuse?

If you are accused of sexual abuse or any other serious crime, you should instruct a criminal defence solicitor to help prepare your defence as soon as possible.

Your solicitor will help you prove to the criminal justice authorities that the accusation made against you is false. You should provide all of the relevant information and evidence that you have to your solicitor to help prove your account of what happened (or did not happen). Your first priority should be to ensure that your name is cleared in respect of the offence that you have been accused of.

Once your name has been cleared, you can then look at whether you can achieve accountability for the false accusation. Where the false accusation results in the police expending a significant amount of time, and is later proven to be intentionally false, the police may bring a charge of wasting police time. In more serious cases, where you have been prosecuted and convicted based on a false accusation, the false accuser may be charged with perverting the course of justice. However, other than in the most serious of cases, it is rare for the police to prosecute individuals for making false allegations.

How can you prove your innocence when falsely accused?

Although it may not feel this way when you are undergoing a criminal investigation, the old adage ‘innocent until proven guilty’ means that the burden of proof lies upon the prosecution to find you guilty rather than upon you to prove your innocence.

To achieve a conviction, the prosecution must prove ‘beyond reasonable doubt’ that you have committed the crime that you have been accused of.

However, you can help secure your acquittal by helping your criminal defence solicitor prepare your defence. This could involve contacting witnesses who can testify in your favour, and considering what other evidence could help prove that you are telling the truth. This might include mobile phone records, DNA samples, or evidence of other untruthful statements made by your accuser, which could serve to lessen their credibility.

What is the penalty for making false allegations?

If you are convicted of perverting the course of justice, you will probably receive a prison sentence. There are no sentencing guidelines published for this offence, but when making the sentencing decision, the court will consider the culpability (blameworthiness) of the offender, and the harm that has been caused by the offence (for example, was a person wrongfully convicted and imprisoned?)

The punishment for wasting police time could be a custodial sentence of up to six months’ imprisonment and/ or a fine.

The police can, as an alternative, issue a fixed penalty notice, which means that the offender will need to pay a fine of £90, but will avoid a criminal conviction.

Where to get further help

If you have been wrongfully accused of a criminal offence, call Stuart Miller Solicitors today. Our experienced team of criminal defence solicitors are here to represent you without judgement. We will provide you with robust advice on your options, and help you secure the best possible outcome. Contact us for a no obligation consultation today.

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Ayesha Akbar

20:24 06 Mar 24

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17:06 27 Feb 24

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15:37 16 Feb 24

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10:14 16 Feb 24

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Kingsley Adjei

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

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06:12 31 Oct 23

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22:54 28 Oct 23

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20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Lambo

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Liz Lee

09:59 07 Oct 23

Just want to say a big ‘Thank you’ to Iysha who has represented my daughter in the police station. Iysha remained very calm and professional during this long, painful process while maintaining good communications with the family. She has provided useful advice to my daughter and demonstrated good expertise in this complex area. We hope to continue to work with StuartMiller and secure the best outcome for my daughter.

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14:13 04 Oct 23

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12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

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12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

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XSimplyChxrryX

13:04 21 Sep 23

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Hannah Brooks

12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

Aisha Bibi

14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

Omar Ramjean

22:48 11 Aug 23

Gave some advice about the situation told me what to expect and if I need to instruct they will be happy to help

Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

Jabrar Hussain

08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

Karima AMRAOUI

13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

Taj Uddin

13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

Nathan Hallway

12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

maruf kocabay

10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

Bill

13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

Tishawn Lopez

19:57 19 Apr 23

One of the best solicitors in London seriously they are really helpful from the start to the end and always help you out whenever your in need,I have also referred them to ppl that I know who needed help .Thanks guys at Stuart Millers ,A 🌟

Colin Tan

11:55 20 Mar 23

Helped me with a Tfl charge for carrying an escooter on the LU. Managed to get them to drop the charges on the grounds of public policy and disproportionate prosecution. Responsive, efficient and cost effective. Highly recommended,

Maryam

12:54 13 Mar 23

Each and every member of staff I spoke with were very helpful, friendly and informative, every step of the journey went smoothly and relatively stress free thanks to their professionalism and human touch. Thank you so much can’t praise you enough.

Michael Bracci

19:08 11 Mar 23

Brilliant, from start right till the end strongly recommend

Skrobana Skrobanski

14:42 09 Feb 23

Abu Kibla helped me with Cases when I was younger. My experience with him was Great. Hes A very humble and great man who in my opinion puts his heart into his work. Ive been in trouble all my life and met Many solicitors but none can compare to this man. I Would highly recommend this Company to my friends and family and I can say with confidence this is The Company you are looking for.

ozkan albay

13:31 28 Dec 22

I’m very satisfied with the way all Stuart Miller staff has dealt with me all these years. I have been with Stuart Miller for over 15 years and had no doubt trusting them with my case and friends that I’ve recommended.Thank you for your hard work and hope you guys keep it up.Ozkan Albay

Richard Mills

20:56 30 Nov 22

Massive thanks to Abu and Savannah who dealt with my case, highly professional service provided, couldn’t recommend enough.Thank you!!

Mark Askew

14:47 21 Oct 22

Many thanks to Stuart Miller Solicitors and Reem Khatib in particular. In what is a very stressful, confusing and frustrating time she was the voice that kept everything clear and erudite for everyone involved. Reem's impeccable professionalism, approachability and friendliness made every interaction pleasant and useful. Thank you so much for all your help.

Tommy

15:32 10 Oct 22

Just Wantied to say a big thank you , Reem Khatib, for representing me after 2 and a half years of my case going on and with 3 different firms.I finally found the best one, Reem represented me for around 2 years.She’s so down to earth and has so much empathy. She really helped me at my lowest point. She has a way with words and really knows how to get things done, thank u so much.barrister Ronan McCain was extremely excellent they make such a great team so happy it’s finally over.

Dragon 100

14:50 24 Aug 22

Alexis at Stuart Miller's was very helpful and helped me with every step to help me beat my case

Jahnel Palmer

08:22 11 Aug 22

I really don't know where to start, but this firm is amazing. From my initial contact, then my first meeting With Mr Zeb, I knew I was going to be in good hands.I found myself in a very difficult situation in March 2019 and my case did not come to an end until July of this year. Throughout, there has always been good communication and although the outcome of my case was not looking good, I'm glad the team were honest about what to expect.I would like to thank Reem Khatib especially, who went above and beyond. I couldn't have asked for a better solicitor. Very thorough and informative and helped put my mind at ease as there were several aspects of my case that made things extremely difficult. One thing I loved about Reem was that she cared. Really, really cared, which is what you want in a situation like this. In the lead up to my sentencing hearing, Reem was abroad and still checked in with me.I was expecting a custodial sentence with a starting point of 5 years and managed to leave court with a suspended sentence/community service. This could only be down to Reem's dedication and hard work. Nobody expected this and I am very glad to have had her working on my case. As well as my Barrister, Lily, special thanks to you also. I really don't think I would have had this outcome had it not have been for you two.I am glad this is finally over and once again would like to express my heartfelt gratitude to Reem. She really fought for the best possible outcome, which I received.I will never find myself in any trouble again, but would highly recommend Stuart Miller Solicitors for anyone that may need a solicitor.Thanks againJahnel

Alexander Ioannides

15:41 28 Jun 22

thank you so much to Selina for her service and Stuart miller on my hearing after a long trial justic was truley served not guilty i recommend stuart and miller for a true brilliant result

karen kianfar

16:39 24 Jun 22

I highly recommend! A lady I spoke to called Donna was extremely helpful. Thanks again.

Deniz Arif

16:49 11 Jun 22

I was recommended to speak to selina. I called her out of office hours to assist with a arrest.She was extremely helpful, considerate and knowledgeable regarding the incident. I could see that she had mine and my families best interests at heart as a criminal defence paralegal. I would definitely recommend her for anyone that finds themselves in a sticky situation.

Stewart Skipsey

12:58 08 Jun 22

I would like to thank everyone, especially Salina who handled my case so professionally. She was always in the office, when I needed to speak with her, always approachable and always giving me sound advice, even the lady in reception was very honest and professional, everyone at Stuart Miller solicitor's take a bow, i will always remember you all and the result you got me, a big fat not Guilty, God bless

Josh Smart

10:44 25 May 22

Kate Blackmore was in charge of my case, she was fully professional, made me feel at ease, kept me fully informed at all times and would always respond in a timely manner, Kate always address all of my questions and worries very thoroughly. Definitely recommend

Tkay #6

16:53 19 May 22

Stuart Miller helped me navigate through the legal process for the first time, providing excellent guidance throughout the entirety of such a stressful period. I would like to thank Selina Guler for her wonderful work in preparing my defence, as well as Joe Barlow, who were exceptionally helpful throughout the process, explaining everything that arose in detail so as to ensure I could make informed decisions throughout. My experience felt personalised, and gave me the reassurances I needed to calm my nerves, in comparison to the regular ignorant demeanour that typically comes hand in hand with law firms. I felt supported and in safe hands from my initial enquiry right through to the end.

Seven Horses

21:49 17 May 22

Phenomenal, communication was immeasurable, especially Dee, went the extra mile.

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