Hester Calder
Hester joined chambers in October 2022 following successful completion of her pupillage, she accepts instructions in crime, family, civil and road traffic law.
Prior to pupillage, Hester has had a vast exposure to criminal law, having worked as a Criminal Defence Caseworker and was the assistant to an accomplished and successful criminal defence consultant of the firm, managing her own caseload and clients in the Magistrates and Crown Court, including youths and vulnerable clients, single and multi-handed cases, and the broad spectrum of offences from theft to murder. This included managing the client in the UK’s largest-ever modern slavery prosecution.
Within civil law, Hester worked as a County Court Advocate, taking instructions on cases in the County Court’s before Deputy District Judges and District Judges. Hester acted on behalf of instructing solicitors, preparing her own cases and conducting her own legal research.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2020
Membership
- Middle Temple
Qualifications
- BPTC (2018)
- LLM (2017)
- LLB (2015)
Education
- BPP University (2018)
- UCL (2017)
- Nottingham Law School (2015)
2 Contributions by Hester Calder
PRACTICE NOTES
Drink and drug driving evidential specimens: police powers, approved devices, medical reasons, statutory warnings and specimen selection (England and Wales)
What is an evidential specimen?
After arrest on suspicion of an alcohol- or drug-related driving offence, police officers will ask the detainee to supply a sample of breath, blood or urine for analysis. The sample is termed an ‘evidential specimen’ because the analytical results are relied upon by the prosecution to establish a particular offence, for instance that the motorist was driving with excess alcohol in their system. An evidential specimen should be contrasted with a ‘preliminary test’. A preliminary test, such as a roadside police breath test, is carried out by police who suspect consumption of alcohol or drugs. Such testing is only indicative. To prove an offence like driving with excess alcohol, an ‘evidential specimen’ must be taken. The Deregulation Act 2015 (DA 2015) removed the need for an officer to undertake a preliminary test where a portable evidential breath-testing device is to hand. In those situations, the officer may proceed straight to obtain the evidential breath tests. The power to require a preliminary breath test still exists. It is this specimen that underpins decisions to prosecute. See Practice Note: Road traffic offences—failure to co-operate with a preliminary test...
Corporate Crime
PRACTICE NOTES
Taking a conveyance without authority (TWOC) offence: elements, mental element, driving/allowing to be carried, procedure and sentencing—England and Wales
Taking a conveyance without authority offence
This offence is committed where a person does the following:
takes a conveyance without the owner’s consent or any other lawful authority for their own use, or for another’s use, or
knowing that a conveyance has been taken without such authority, drives it, or allows themselves to be carried in it or on it
It is a summary-only offence. A count alleging this offence may be included within an indictment for another offence if:
it is founded upon the same facts or evidence as a count charging the indictable offence, or
it is part of a series of offences of the same or similar character as an indictable offence which is also charged
However, where the offence is heard with an indictable offence in the Crown Court, the court may only deal with the defendant in the same way that a magistrates’ court could have dealt with them. A jury is also able to convict a defendant of taking a conveyance without authority as an alternative to a count alleging theft of a conveyance. Where there is a certificate which states the date on which sufficient evidence came to the...
Corporate Crime
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