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WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR CONSPIRACY TO COMMIT ROBBERY?

Robbery-related offences, including conspiracy to commit robbery, account for approximately 68,000 recorded incidents in England and Wales each year, which is a staggering figure. If you have been arrested or charged with conspiracy to commit robbery, seeking advice from an experienced criminal defence solicitor at the earliest opportunity can significantly improve your situation. This article will discuss whether you need legal representation for allegations of conspiracy to commit robbery, examining how a solicitor can help clarify your options and defend your rights. It will also outline possible defences that could apply to your case, the circumstances under which bail might be granted, and other common questions you may have.

Do I need a solicitor for conspiracy to commit robbery?

Remarkably with a conspiracy case, even if no robbery actually occurs, just the act of agreeing or planning with others is enough to result in serious criminal consequences. Robbery is governed by the Theft Act 1968.

A skilled criminal defence solicitor can help you by examining all the facts of your case, reviewing the prosecution’s evidence carefully, and explaining your legal position clearly. They will also support and advise you on important issues such as:

  • The strength and credibility of the prosecution’s case against you.
  • Possible defences you might have.
  • Representation during police questioning and at any court hearings.
  • Negotiation with the prosecution to potentially secure reduction or dismissal of the charges.

What are possible defences for conspiracy to commit robbery?

One possible defence is demonstrating a lack of intent. Intent means deliberately and willingly agreeing to commit the robbery. If you had no intention or knowledge of the robbery taking place and can provide evidence to support this assertion, this defence may apply in your circumstances.

Another potential defence is withdrawal from the conspiracy. If you initially joined an agreement but then fully withdrew before the offence was committed – provided that you communicated clearly your intention to withdraw and took steps to distance yourself – this may form a valid defence. Clear evidence highlighting that you decided to withdraw from the planned robbery and informed others involved may assist in demonstrating your innocence.

You may also defend your case on the basis that no genuine agreement existed at all. For a conspiracy conviction, the prosecution must prove an actual, intentional agreement occurred between two or more parties. A mere discussion or expressing thoughts without any firm commitment might not amount to a conspiracy.

In some circumstances, you may be able to argue duress. Duress is when you were compelled or coerced into joining a conspiracy against your will by threats of harm or violence. To succeed with this defence, you must show that the threats or force left you no realistic alternative but to participate.

Each case depends on its particular facts and evidence, so identifying the appropriate defence requires careful analysis by a knowledgeable criminal defence solicitor.

Will I get bail for conspiracy to commit robbery? 

The court assesses several important factors when deciding whether to grant bail.

The seriousness of the allegation against you is particularly relevant, as conspiracy offences involving planned or coordinated criminal activities like robbery can be perceived as highly serious matters. The prosecution may argue that granting bail carries a risk of you re-offending, obstructing justice, or failing to return to court for future hearings.

However, bail decisions are ultimately determined on an individual basis. The court will carefully consider certain factors, including:

  • Your criminal history and previous convictions, particularly any similar or violent offences.
  • Whether you have previously honoured bail conditions.
  • The strength of the evidence the prosecution may have against you.
  • Whether granting bail could pose a risk to witnesses, alleged victims, or the wider community.
  • Your connections to your local area, such as having a stable address, employment, family ties, and other community commitments.

In many cases, even if bail is initially denied, it may be possible to appeal the decision to a higher court. Similarly, certain conditions can be attached to bail – such as electronic tagging, curfews, surrendering a passport, or requiring regular attendance at a police station – to address the concerns of the court and increase the likelihood of bail being granted.

Will I have to go to court if I’m arrested or charged for conspiracy to commit robbery?

If you have been charged with conspiracy to commit robbery, it is very likely you will need to attend court.

Once charged, you will initially appear at the Magistrates’ Court, where your case will usually be transferred to the Crown Court for trial. At this stage, your solicitor will help you understand what will happen next and provide guidance throughout the legal process.

Attending court can understandably feel daunting, but it gives you the opportunity to challenge evidence and present your defence. Your defence solicitor will support and represent you throughout the proceedings, explaining each step clearly so you understand what is happening at all stages.

Will I go to jail if found guilty of conspiracy to commit robbery?

If you are found guilty of conspiracy to commit robbery, the possibility of receiving a custodial sentence is significant. The court will, however, carefully consider your case before deciding on sentencing. Several factors will influence whether you receive a prison sentence and, if so, the length of that sentence. These factors commonly include:

  • The extent and seriousness of your involvement in the conspiracy.
  • Your individual role within the planning (were you considered a leading organiser or playing a lesser, subordinate role?)
  • The nature and level of violence potentially involved in the planned robbery.
  • Whether weapons were intended to be used in the planned offence.
  • Your criminal history, including any previous convictions.
  • Your personal circumstances, including mitigation factors presented by your solicitor.

Conspiracy to commit robbery usually attracts a custodial sentence, often substantial, but the judge retains discretion in sentencing decisions.

Will I go to jail if it’s my first offence of conspiracy to commit robbery?

Facing your first offence of conspiracy to commit robbery is understandably worrying, and you may be wondering whether a prison sentence is an inevitable outcome. Whether or not you actually go to jail depends upon several different factors. The courts will carefully consider:

  • Your precise role in the conspiracy, including the degree of planning and involvement you had.
  • Whether or not any violence or threats of violence occurred or were planned.
  • The potential or actual harm inflicted on victims.
  • Your previous criminal record, if any.
  • Any mitigating circumstances specific to you or your situation.
  • Your personal circumstances and likelihood of re-offending.

If it’s your first offence and there are significant mitigating factors – such as limited involvement, genuine remorse shown, and good character – your solicitor may argue effectively for a non-custodial sentence. Possible alternative outcomes to imprisonment might include community orders or suspended sentences alongside probation.

Can I get Legal Aid for conspiracy to commit robbery?

Conspiracy to commit robbery is classified as a serious offence and is, as such, eligible for Legal Aid. However, not everyone automatically qualifies for this assistance. To determine if you’re eligible, the court takes into account specific criteria, including:

  • The severity of the offence you’re charged with (conspiracy to commit robbery will typically satisfy this requirement).
  • Your financial situation, including income, savings, investments, and any assets you have.
  • Whether providing Legal Aid is necessary in the interests of justice. This means the court will assess factors such as the complexity of your case, whether there’s a risk of imprisonment, and your ability to represent yourself effectively.

You will usually undergo a means test to establish your eligibility. This involves presenting details about your financial situation, including earnings, expenses, assets, and household circumstances. Depending on your financial position, you might receive Legal Aid fully funded or partially funded, requiring you to contribute toward your legal costs.

Obtaining professional guidance from a criminal defence solicitor can really help when applying for Legal Aid. An experienced solicitor can provide practical advice, help you complete the necessary forms accurately, and outline your options clearly, ensuring that you receive competent and comprehensive legal representation.

Where to get more help

Understanding your rights and having the correct legal representation by your side can greatly improve your chances of securing a positive outcome in any case, especially one as serious as conspiracy to commit robbery. Act swiftly and speak with a qualified criminal defence solicitor who can guide you through each step of the complex criminal justice system. At Stuart Miller Solicitors, our experienced legal team is dedicated to supporting you every step of the way and ensuring your defence is presented clearly and effectively. To discuss your case confidentially at a free consultation, get in touch today.

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