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Anne-Marie Nicholls

Anne-Marie Nicholls

Olliers, North West

Position

Senior Associate

Career

After qualifying as a solicitor in 2002 Anne-Marie started her career in criminal defence working as a solicitor advocate until 2004 when she began working for the Crown Prosecution Service.

She initially started working in the Magistrates’ Court unit before progressing to more serious crimes such as Death by Dangerous Driving and Murder on the Crown Court Unit.

For the last 7 years her work was as a specialist prosecutor on the Rape and Sexual Offences Unit (RASSO) dealing with a wide range of such cases including Child Sexual Exploitation and Historic Sexual Abuse and indecent images.

Anne-Marie was the Area Lead on cases involving Domestic Violence for 10 years and she began work as a pre-charge lawyer in 2006 when the charging scheme commenced.

She has 17 years of experience in pre-charge advice and preparation and an extensive knowledge of the legislation involving complex, historic cases.

Anne-Marie has experience in representing young people and neurodivergent individuals.

Testimonials

“May I take this opportunity to thank you for your assistance in this matter. A special thanks once again to Anne Marie for her professionalism, not forgetting the Sunday night email when I needed it most, her accurate advice and generally her ability to reduce my stress. If you were not a solicitor you’d make an ace counsellor.” “I wanted to thank you for everything you have done to help and support his case. Without your brilliant report I don’t know where he would be. We are so glad that we had you dealing with the case as you have been so kind and understanding. I knew from our first meeting that we had the best person “I know XX is a very relieved man today and understands how fortunate he is to have had you on his side.” “When you need the absolute best. You need Olliers.”

Case studies Pre-Charge Case Study 1 We were contacted by male client YY to represent him in a case involving allegations of domestic violence including controlling and coercive behaviour and assault. YY had been in a relationship for some years with the complainant XX and for a brief period of time they had lived together. There had been no instances of domestic violence throughout their relationship.  As this arrangement didn’t suit either of them YY chose to purchase a house on his own but the relationship continued.

On the night of the allegation of assault both parties had been drinking to celebrate the purchase of YY’s new home. An argument broke out and the police were called.  XX gave no account to the police and refused to support a prosecution; however, the police had received a witness report from a neighbour that she had been assaulted and arrested YY. On the advice of the duty solicitor, he answered police questions denying assault.

Following the police interview the officer in the case advised us that YY was also to be investigated for the offence of controlling and coercive behaviour and his mobile phone was seized in evidence. This element of the allegations seemed to come entirely from the interviewing officer in response to a throw away comment made by XX on the phone to her.

It was at this stage that YY instructed us to represent him during the pre-charge investigation. The work required on the case included taking a detailed account from XX completely refuting the allegations, obtaining an account from YY, challenging the witness report made to the police and reviewing the police interview. The investigating officer was persuaded that there was insufficient evidence for submission of the case to the CPS and that she had no case upon which to base charges. She agreed that the case was suitable for a police decision to no further action (NFA).

The impact that the case had on XX and YY was huge during the course of the investigation as YY had bail conditions of non-contact with XX; this caused particular strain on their relationship which had never been present previously.

Pre-charge Case Study 2

The case involved a report of rape. Our client and the complainant had met for the first time during a night out where both had drunk considerable amounts of alcohol but not with each other.

At the end of the night they walked from a city centre nightclub to the accommodation of the complainant where sexual intercourse took place.

Within two days following the meeting a report of rape was made by the complainant to the police. From the limited disclosure given by the police at that time it seemed that the complainant was alleging that she had been too intoxicated to consent to the sexual activity that took place that night.

The client contacted us after his arrest and interview. We were instructed to engage with the police at the pre-charge stage of the investigation with a view to diversion from charge due to lack of supporting evidence of the allegation.

In taking a detailed account from our client and requesting CCTV evidence be seized from the nightclub to the route back to the complainant’s apartment, we were able to influence the police enquiries.

Supporting statements from witnesses who saw the complainant with our client that night were also taken and submitted with our representations.

The client’s account was that the complainant was coherent and in full control of her faculties. At no point was she incapable to consent.

The CCTV footage and witness accounts corroborated the client and this investigation was concluded in an extremely short time by the police who made the decision that there would be No Further Action in this case.

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