Summary
Following a complaint to the police from a member of the public, our client was arrested on suspicion of possession with intent to supply Class B drugs and possession of a bladed article. Our client was fifteen at the time and accepted being in possession of cannabis but asserted that it was for his own personal use only. However, due to substantial delays in police proceedings, a charge for the drugs possession and possession of the bladed article was only issued to our client the day before he turned eighteen. This meant that our client could no longer be dealt with in the Youth Court, he would be charged as an adult and was at risk of facing a much harsher punishment.
Our team submitted for proceedings to be stayed as an abuse of process due to police failings in bringing a prosecution. Thanks to the thorough preparation and extensive mitigation submitted by our team, the Prosecution agreed to drop the case, and our client was acquitted of the charges.
In Depth
Police received a call from a member of the public in August 2022 complaining about a group of males smoking drugs. Our client was found at the scene and was detained and searched by police. When in pursuit, they had seen our client throw two bags – a rucksack and a clear coloured bag. A hunter’s knife in a sheath was found in the rucksack, as well as 10g of cannabis on his person, after which our client was arrested on suspicion of possession with intent to supply Class B drugs and possession of a bladed article.
Lawtons represented our client during interview at the police station, where he formally accepted being in possession of cannabis and retained his right to silence regarding the other charge. Following this interview, our client would not receive further correspondence from the police until August 2024.
As our client’s eighteenth birthday approached, Trainee Solicitor Lauren Gilbert tirelessly chased the police for a charging decision to be made before our client became an adult. Despite her efforts, a charge was only issued the day before he turned eighteen, meaning that our client could no longer be dealt with in the Youth Court. He would therefore lose his right to a mandatory Referral Order in the Youth Court and to have his conviction spent once this order is complete. Instead, if he entered his plea in the adult court, our client would inevitably face a much harsher punishment and have the conviction on his record for a considerable amount of time.
Senior Solicitor Kajel Doshi took the lead on this case and following investigation and research into police proceedings, submitted a comprehensive application for the case to be stayed as an abuse of process. Kajel highlighted the police failings in bringing about a timely prosecution following our client’s arrest when he was fifteen, which amounted to not only an abuse of process but also a breach of Article 6: Right to fair trial under the Human Rights Act.
The case appeared in St Albans Magistrates Court in October 2024 and the Prosecution reviewed our application, and the extensive mitigation provided. An abuse of process argument regarding a delay is notoriously difficult to succeed in. However, were it not for the work of Lauren during the investigative stage, Kajel would not have been able to put forward a detailed legal argument. These efforts in turn, led to the prosecution conceding that a continued prosecution would not be in the public interest.
Our client was extremely grateful to the team for their efforts and for the support he had received over the years: “Thank you so much for everything you’ve done for me, you’ve honestly changed my life.”
“That would have been on my record forever and you stopped that one silly mistake from changing everything.”
This case highlights the importance of obtaining quality representation from the outset of proceedings, especially when dealing with the complexities of youth in the criminal justice system.
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