What is the sentence for Harassment Without Violence in the UK?

Most people will be familiar with the idea of harassment without actually knowing that, in law at least, there are different types of harassment offences with different requirements and different levels of punishment if you are found guilty. If you have been charged with harassment, it is critical that you know exactly what type of harassment you have been charged with and are aware of your next steps in terms of putting together a defence. In this article, we look at the two main types of harassment offence (comparing them to the closely related offence of stalking) and then examine in detail how judges will go about coming up with a sentence for someone who is found guilty of such an offence.

What is harassment?

Harassment is closely related to the offence of stalking, and as such you will often find these two offences covered by the same pieces of legislation and charged together in the same cases. In England and Wales, harassment and stalking are offences under the Protection from Harassment Act 1997 and the Crime and Disorder Act 1998. The latter statute covers offences that are racially or religiously aggravated, which are seen as more serious by the courts for a number of reasons. What is key in both of these offences, however, is that the behaviour that is being alleged is proven to be repeated and unwanted by the victim.

Harassment in particular is understood to be behaviour that intends to cause alarm or distress to another person or persons (whether or not it actually does is irrelevant). One-off events are not covered by this law; instead, and as mentioned, the behaviour must be repeated. The repeated behaviour can happen in a short space of time or in a longer space of time; what matters is that there has been more than one occasion of such behaviour. That being said, the behaviour itself does not have to be the same each time – it just has to count as harassment.

Behaviours that are commonly involved in harassment cases include:

• Making aggressive comments or threats to someone in person or online
• Sending repeated and unwanted calls, voicemails, texts, social media messages, emails, or letters to someone
• Repeatedly waiting or loitering outside somebody’s place of work or home, or even driving past repeatedly on one or several occasions

There is also a more serious offence of harassment involving putting people in fear of violence. As the name suggests, this type of harassment does not just involve the type of behaviour described above, but it has an additional element of making the victim fear that they will be subject to violence either at that time or at some time in future.

It doesn’t matter what type of violence the person thinks they will face, and it doesn’t matter whether or not you as the alleged offender intended for the person to feel like they would face violence. If the person worries that violence will result from your alleged repeated and unwanted behaviour, then that is usually sufficient for this charge to be brought.

What is stalking?

Very closely related to these offences are the offences related to stalking. Like harassment, stalking has two levels of offence; one that does not involve the fear of violence and another that does.

Stalking is defined somewhat more simply as persistently following someone, and that can include spying on them or trying to force contact with them, such as by repeatedly texting them or trying to engage with them on social media.

Again, the more serious offence is conducting that behaviour where the victim fears violence or is experiencing serious alarm or distress. In those circumstances, the prosecution will have to prove that the stalking has had a substantial adverse effect on the victim’s day-to-day activities. The prosecution might be able to prove this by producing evidence that somebody has, for example, moved house, had to obtain mental health support, has increased the security around their home (for example, by putting up additional fences or security cameras), or changed their routine to avoid contact or potential contact with the stalker.

Note that where there is any racial or religious motivation for these offences, the behaviour will be seen as significantly more serious and will be prosecuted (and punished, if relevant) accordingly.

What is the sentence for harassment without violence?

The maximum sentence for the lesser offence of simple harassment, is 6 months’ imprisonment in normal cases and 2 years’ imprisonment where the harassment was racially or religiously aggravated. For the more serious offence of harassment with fear of violence, the maximum sentence is 10 years’ imprisonment, or 14 years’ imprisonment if there was also racial or religious aggravation motivating the behaviour.

These two levels of sentencing also apply to the two levels of stalking offences.

How do judges decide sentences in harassment cases?

In general, judges look at two things when they are deciding the sentence that any criminal should face once they have been found guilty. The first thing that a judge will look at is culpability, which is another way of asking how responsible somebody was for their role in a crime.

The other factor that they will look at is harm, which is the harm specifically caused to the victim as a result of the offending behaviour.

Simply put, where the culpability or harm is higher, the sentence/punishment will be more severe. The adverse is also true, and where the culpability or harm is lower, typically the sentence/punishment will also be less severe.

In order to make this determination, a judge needs to look at what are called ‘aggravating’ and ‘mitigating’ factors respectively.

Aggravating factors in the case of harassment might include:

• similar previous convictions of the offender
• particular vulnerability or vulnerabilities of the victim (such as old age, mental instability, disability, or illness)
• violent or offensive material forming a part of the harassing behaviour (such as sending violent photographs of crime victims to the victim in the case at hand)
• the harassment or stalking having an impact on others, particularly children and other vulnerable family members
• the offender using child contact arrangements to facilitation their harassment

Mitigating factors, on the other hand, might include:

• the offender showing remorse, regret, or shame about their actions
• the offender otherwise being of good character, and this looking like an ‘out-of-character’ occurrence
• the offender having a serious (treated or untreated) medical condition
• the offender having a mental disorder or learning disability
• the offender being the sole or primary carer for dependent relatives
• the offender having demonstrated that they are taking steps to address their offending behaviour, such as by going to see a therapist, partaking in group therapy sessions, or ceasing behaviours that make their actions worse (such as heavy drinking or the use of recreational drugs in or out of the presence of the victim)

Once the judge has taken these factors into account, it is his or her task to balance each of the factors and decide on a fair sentence considering the big picture. Judges do have sentencing guidelines to use as they make this determination, but their decision will also be influenced by their experience in cases like yours in the past. This is why it is so important to make sure that you have experienced legal representation to aid in mounting your defence. If your legal team was unable to get the case dropped, or they were unable to prove your innocence at trial, they still have a role to play in making sure that your sentence is as lenient as possible.

Is there anything I can do to reduce a sentence for harassment?

As an offender who has been proven guilty, the best thing that you can do to have your sentence reduced is to show remorse, show acceptance of your plea and your punishment, and secure an experienced legal team who can put forward the best plea of mitigation for you in court.

Sometimes, judges do allow guilty parties to write to them to explain their situation, or indeed to explain their situation and why they should receive a lesser sentence in court. You cannot always guarantee that this will be the case though, so having excellent legal representation in place is the most reliable safeguard.

Where to get further help?

If you have been charged with harassment without violence and you are wondering what to do next, the best thing to do is contact a reputable and experienced criminal defence firm that can walk you through your options and explain the next steps in your case. The team at Stuart Miller Solicitors have been practising in this area for decades and have a robust criminal defence team ready to help you. With a high success rate in this area, we could even get your case dropped before it gets to trial. Contact us today for a free consultation.

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

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20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

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15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

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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

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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.

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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

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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 .

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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.

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19:54 19 Dec 23

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21:00 09 Dec 23

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

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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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20:03 23 Nov 23

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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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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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13:11 17 Oct 23

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20:06 12 Oct 23

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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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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.

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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

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22:48 11 Aug 23

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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.

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08:21 29 Jul 23

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

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13:37 28 Jul 23

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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

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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.

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10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

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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!

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19:57 19 Apr 23

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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,

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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.

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19:08 11 Mar 23

Brilliant, from start right till the end strongly recommend

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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

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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!!

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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

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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.

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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

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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.

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