We represented a vulnerable client who had been charged with offences of criminal damage, possession of an offensive weapon and common assault. We became instructed in this matter two months before our client’s trial, following a referral from a prominent member of the South London Community. On our consideration of the case, it became apparent that there were clear issues with how the matter had been investigated by the police and we subsequently invited the Court to list this matter for an abuse of process argument. In the interim, we made representations that the matter should be dealt with by way of a Restraining Order on acquittal in light of the time that our client had already spent in custody. The Crown Prosecution Service refused this offer and maintained that they were proceeding to trial. We subsequently served our abuse of process argument, highlighting the failures to obtain evidence which supported our client’s account and highlighting other concerns. The Court subsequently directed the Crown to re-consider our offer of a restraining order on acquittal. Shortly before the abuse of process argument was due to take place, the Crown confirmed that they would agree to our offer. Our client agreed the terms of the restraining order and the Crown subsequently offered no evidence.
Our client was represented by Sabrina Neves, a solicitor in our Croydon Crime Team, assisted by Denika Swack, and in Court by Pamela Rose of 1MCB chambers.
