September 14, 2022
CPS Agrees to Drop Serious Violence Prosecutions for Two Clients
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CPS Persuaded to Drop 'Assault Emergency Worker' Prosecution
Our client, ME, was charged initially with an offence of drunk and disorderly behaviour. She pleaded guilty, accepting full responsibility for her behaviour. Notwithstanding the guilty plea, the prosecution later decided to up the ante and added charges of assaulting an emergency worker in relation to the same incident. Our client did not accept this charge. Guy Gosheron represented ME throughout proceedings, and took the view that this prosecution was unlikely to be in the public interest. At the Crown Court, the prosecution offered no evidence and the assault case was dropped.
ME was originally charged with one offence of drunk and disorderly behaviour. This is an offence punishable with a fine only. That means that the court cannot impose a custodial sentence or a community order. When the matter first came before Poole Magistrates’ Court our client fully accepted the offence and candidly entered a guilty plea.
Despite only being charged with one offence at the outset, the Crown Prosecution Service (CPS) decided that that was insufficient and proceeded to prosecute her for a second offence. The Crown alleged that during the drunk and disorderly incident our client’s arm had made contact with a police officer’s leg, described as flailing her arms. Accordingly, she was further charged with assault on an emergency worker, contrary to section 39 of the Criminal Justice Act 1988, and section 1 of the Assaults on Emergency Workers (Offences) Act 2018. The maximum sentence upon conviction under these charges was increased as of June 2022 from 1 to 2 years’ imprisonment.
Despite only being charged with one offence at the outset, the Crown Prosecution Service (CPS) decided that that was insufficient and proceeded to prosecute our client for a second offence.
Prosecutors must meet certain criteria before bringing charges; first, that there is sufficient evidence against the defendant to provide a realistic prospect of conviction, and second, that it is in the public interest to prosecute. Whilst making contact with another person when that person does not consent can amount to an assault, it was questionable whether the charge was in the public interest in all the circumstances. Especially given that she was only charged with a drunk and disorderly offence at the outset and fully accepted responsibility at the earliest opportunity.
Our client was represented by Guy Gosheron. He recognised that the events as described by the officer appeared relatively minor, skilfully noting that not only would any prosecution likely result in a fine or a discharge, it was also unlikely to be in the public interest to prosecute in any event.
The CPS initially refused to agree with Guy’s submissions and the case was sent to the Crown Court for trial. It was a different story in the Crown Court for our client, where the prosecution agreed with Guy’s assessment of the case. At Bournemouth Crown Court, the Crown Prosecution Service offered no evidence, meaning that prosecutor decided not the proceed with the offence of assault emergency worker.
At Bournemouth Crown Court, the Crown Prosecution Service offered no evidence, meaning the prosecutor decided to drop the offence of assault emergency worker.
The Learned Judge therefore found our client not guilty of the assault charge. This meant that the case was finished and the Crown is not able to take further action against her in respect of the charge. Guy was also able to persuade the Judge to make a Defence Costs Order, awarding ME £30 to cover her travel expenses. An excellent result for our client, especially in circumstances where the CPS decided to up the ante at the first hearing. Guy’s criminal defence experience and expertise, particularly in terms of criminal law procedure, ensured the client received the right result for her in all the circumstances.
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