Summary
After an incident with buying a train ticket, our client was arrested and later charged with fare evasion and assaulting a Police Officer with intent to resist arrest. He denied both these allegations. Due to lack of court time, our client’s case was pushed back on several occasions, causing a delay of over two years. Eventually, following detailed and persuasive written representations from Solicitor Samantha Harmer, the CPS discontinued both charges.
Details of the Incident
Our client had mistakenly purchased the incorrect ticket at the train station but upon realising, bought the correct one and had no intention to avoid payment. However, he was informed by the staff that this ticket was now invalid, and they called the Police.
Our client willingly engaged with the Police upon their arrival, however they claimed that he was withholding information. When arresting our client for fare evasion, it was alleged that our client assaulted a Police Officer with the intention to resist arrest. He was later charged with both these offences.
Our Defence
Solicitor Samantha Harmer represented our client on this matter. Our client stated that when being arrested, he found the officers to be unnecessarily aggressive, and many bystanders were trying to intervene due to the Police Officers handling of the situation. This caused him to panic, as he was concerned about the pressure being applied to his chest due to his asthma and the impact the interaction was having on his breathing. This fear may have caused him to jolt while being held by the officers in effort to release the pressure.
Our client maintained that he had no intention to resist or prevent apprehension. The only movements he made were due to struggling to breathe and being in pain. He therefore denied both charges against him.
These allegations were distressing for our client as they were hindering his education and work opportunities. He was very eager for the court proceedings to conclude and to move on. However, our client’s court date was vacated on several occasions, causing extensive delays.
Letter of Representations
Samantha wrote a strong letter of representations to the CPS, arguing that it was no longer in the public interest to continue proceedings against our client. She highlighted how the delays were likely to have affected the officer’s recollection of the incident, as they were required to provide evidence at trial.
Our client was of good character, with no previous convictions and it wouldn’t be in the public interest to continue proceedings as he did not pose a threat to the public. Additionally, there was no element of harm in this offence, therefore reducing the seriousness of the alleged offending.
By contrast, the behaviour of the officers involved may have been disproportionate in the circumstances, with no valid reason for why they dealt with our client in that manner.
Ultimately, Samantha argued that the charges against our client should be discontinued.
Court
Despite Samantha having sent the letter of representations in a timely manner, the Prosecution had not acknowledged the letter ahead of the next court date. At Luton Magistrates’ Court, Barrister Keren Weekes of 9BR Chambers attended with our client, however the trial was once again adjourned.
Keren made the Prosecutor aware that Samantha had not received a response to her letter and requested that the CPS review the case urgently. Ahead of the next scheduled trial date, Samantha received notice from the CPS that they were discontinuing both charges against our client and the case was concluded in his favour.
Our client was very grateful to Samantha and Keren for their assistance and to be able to finally put this distressing period behind him. This case highlights the difference that a proactive and diligent approach to criminal proceedings can make as without Samantha’s robust representations, the CPS would have inevitably have continued to trial.
Looking for a specialist solicitor?
If you are facing criminal charges, it is essential that you seek out specialist legal representation in order secure the best possible outcome in your case. Our team at Lawtons have experience and expertise in all areas of criminal defence and can assist you at any stage during the investigation. Contact a member of our team now on 0333 577 0522 or visit our enquiries page.
