We represented two young adults of previous good character. One client had been charged with theft and the other had been charged with offences of theft, possession of cannabis and assault by beating. Both of our clients made admissions in their police station interviews and were subsequently charged and bailed to attend Court.
At our clients first appearance, we made representations to the Crown Prosecution Service that both matters should be disposed of by way of an out of court disposal. We referred the Crown Prosecution Service to our clients young age, their previous good character, admissions in interview, the circumstances of the offending and the ACPO Adult Gravity Matrix. Despite this, the Crown Prosecution Service maintained that they were proceeding with the prosecutions of our clients on the basis of ‘police intelligence’.
We therefore made an application to adjourn our clients hearing in order to serve a pre-action protocol letter challenging the decision to refuse an out of court disposal. The Court granted our application.
We subsequently served our pre-action protocol letters in which we argued that their decision to refuse an out of court disposal was irrational. After considering the same, the Crown Prosecution Service agreed to dispose of both cases by way of an out of court disposal. Both clients received simple cautions and the charges were withdrawn the following day.
Our clients were represented by Sabrina Neves, a solicitor in our Croydon Crime Team.
