Our client was accused of breaching a non molestation order on two separate occasions and using threatening words of behaviour.

Background

Our client entered not guilty pleas, the case was fixed for trial and he was remanded into custody. The prosecution case was that the non molestation order had been served at the defendants address albeit not in person and he had breached the order twice by attending an address he was prohibited from being at and contacting his partner which he was also prohibited from doing.

Our Involvement

Our client had a second bail application, at which he was represented by Lauren Clark, and at this hearing, we pointed out flaws in the case namely, that our client had not lived at this address for at least the past 3 years and therefore the prosecution could not prove that the non molestation had been served to our client or that our client was aware of it. Despite this the Magistrates decided to remand our client into custody for a further time.

The matter was listed for a Judge in Chambers Bail Application and in the meantime, Lauren made robust representations to the Crown Prosecution Service requesting that the case be reviewed in the interests of justice and proceedings discontinued against our client.

The Crown Prosecution Service were also urged to review the matter at a Crown Court Judge in Chambers bail application. The judge adjourned the application for the file to be reviewed properly.

Outcome

The day before the adjourned Judge In Chambers bail application hearing was due to take place, the Crown Prosecution Service sent us a notice of discontinuance, and our client was released immediately from prison.