JJ was charged with a public order offence. Prior to his interview, his legal representative was given an assurance that were JJ to make admissions to the offence he would receive a caution, being a person of previous good character. JJ’s legal representative advised him to made admissions in interview so as to be eligible for a caution following which the police went back on their assurance and charged JJ with a public order offence.
JJ’s case was set down for an application to stay for an abuse of process. Following a lengthy hearing during which both JJ’s legal representative and two police officers gave evidence, the Court found, contrary to the officers’ evidence, that JJ’s legal representative had been given an assurance that he would receive a caution subject to him making an admissions and as such, to prosecute him was an abuse of process. The proceedings against JJ were
JJ’s solicitor in arguing that the continued prosecution of JJ was an abuse of process, relied on the case of DPP v Mansfield which was a case that GT Stewart dealt with at the High Court in 2021, which confirmed that a prosecution following a promise as to a caution is capable of amounting to an abuse of process.
JJ was represented in interview by Nicole Windele, an accredited police station representative at our Croydon office and Jessica Gosling, a supervising solicitor at our Bromley office.