We represented a vulnerable 14 year old child of previous good character who had been charged with offences of possession of a bladed article in a public place and assaulting an emergency worker.
The Crown Prosecution Service (''CPS'') alleged that our client threw a knife in the direction of a police officer and that it made contact with the officer’s leg. No injury was caused.
Our client accepted the offence of possession of a bladed article in a public place. However, they denied that they intentionally or recklessly assaulted the police officer.
Defence challenges weak evidence and public interest
Throughout the proceedings, we made repeated oral representations to the CPS in which we argued that there was insufficient evidence to provide a realistic prospect of conviction against our client. We also argued that it was not in the public interest to prosecute them for the alleged assault. This submission was made on the basis that they had entered a guilty plea to the offence of possession of a bladed article in a public place. The Court also invited the CPS to review the alleged assault. However, the CPS maintained that they would be proceeding with the prosecution of our client.
Written representations and legal challenge
We subsequently served lengthy written representations to the CPS in which we renewed our previous representations. However, the CPS maintained their position that the prosecution would proceed.
In light of this, we served a pre-action protocol letter in which we argued that the CPS had:
- Failed to properly apply the Code for Crown Prosecutors in concluding that the Full Code Test had been met;
- Failed to properly apply their own guidance entitled ‘Children as suspect and Defendants’;
- Failed to adopt a ‘Child First’ approach.
- Failed to consider the extensive guidance which confirms that the unnecessary criminalisation of children and young people must be avoided.
It was also submitted that the decision to proceed with the prosecution against our young client was irrational and amounting to a fettering of discretion. We submitted that the CPS had adopted this position as a direct result of the ‘Joint agreement on offences against emergency workers’ which was published in January 2020.
CPS drops the assault charge
After considering our pre-action protocol letter, the CPS discontinued the offence against our client.
Our client was represented by Sabrina Neves, Solicitor in our specialist Youth Crime Team.
