We represented a vulnerable client who had been charged with conspiracy to supply class A drugs at Portsmouth Crown Court. This was a large scale conspiracy involving a number of defendants. Our client had long standing mental health difficulties and during the proceedings, our client was deemed unfit to plead and stand trial. A hospital order without restrictions was subsequently imposed and our client remained in hospital for over a year until his mental health improved.
The Crown Prosecution Service subsequently discovered that our client was due to be discharged from hospital and confirmed their intention to re-commence the proceedings against our client. They also confirmed their intention to invite the Court to remand our client in to custody.
We argued that the Crown Prosecution Service could not recommence the proceedings against our client on the basis that a Hospital Order without restrictions had been imposed. The proceedings were therefore not ‘suspended’ or ‘live’ and therefore could not be resumed. It followed that without proceedings in the Crown Court, the Crown Prosecution Service could not invite the Court to remand our client in to custody. After considering the submissions advanced on our client’s behalf, the Judge agreed with our position and refused to allow the proceedings to be reinstated.
Our client was represented by Sabrina Neves of our Croydon Office, supported by Nusrat Chowdhury, and in Court by Chloe Birch of Mountford Chambers.
