Summary
Our client was charged with causing a public nuisance after approaching multiple properties and trying their front door handles. Eight Police reports were later filed in relation to our client. He accepted that he had behaved in this way and was very remorseful for his actions. Thanks to the expert legal guidance from Lawtons, the Prosecution offered no evidence at court, and our client was acquitted.
Details of the Incident
In the Police reports, victims stated that a man had knocked on their front door and attempted to enter by trying the handle. However, all doors were locked so he did not manage to enter. Ring-doorbell footage was also submitted alongside numerous reports, where our client was then identified.
Our client attended the police station for a voluntary interview, where he accepted knocking on the doors and ringing doorbells. However, he maintained that he did not have any intention of stealing anything or entering the properties.
Our Expert Defence
Senior Solicitor Kajel Doshi represented our client on this matter. Our client stated that at the time of the offence, he had been suffering with his mental health and was not in a good place. On the day of the incident, he had been drinking at a pub, with the offence occurring on his walk home.
It had been cold on the walk home and our client stated that he had asked a member of the public for a lift home. This was declined but our client accepted this and continued walking.
Our client was feeling increasingly unwell and decided that he would need to knock on doors to ask for help. He claimed that he had only knocked on doors with lights on, as they were more likely to be able to help him. He maintained that he had no intention of causing a disturbance or trying to enter the properties unlawfully.
The day after the incident, our client had returned to one of the properties and apologised in person for his behaviour, explaining that he had not been thinking clearly due to his mental health issues.
Court
The case was heard at Milton Keynes Magistrates Court, where from the outset Kajel made detailed representations to the Crown Prosecution Service that the charge of public nuisance was wholly inappropriate in the circumstances. Kajel made representations that the alleged conduct, while unsettling to members of the public, did not meet the legal threshold required for a public nuisance offence.
It was not until the day of trial that the CPS accepted our representations. However, they then sought to substitute a new charge, one of Section 5 Public Order (disorderly behaviour), relying on the case of R v Scunthorpe Justices to justify laying this alternative charge more than 6 months after the date of the alleged offence.
Kajel strongly opposed this application, arguing that whilst Scunthorpe Justices allows such a substitution in principle, it would not be in the interest of justice to allow this. The CPS had ample opportunity to review and prepare their case properly but failed to do so. Kajel was able to highlight their failings and inadequate case preparation.
Outcome
Thanks to the strength of these representations, the Magistrates did not allow the Prosecutor to lay the new charge. The Prosecution offered no evidence against our client in relation to the Public Nuisance charge, and our client left court without any conviction or penalty.
This case highlights the importance of robust and proactive representations. It demonstrates that thorough legal argument and timely challenge can make a decisive difference to the outcome of a case. Our client was very grateful to Kajel for her help and guidance and to be able to move on from this period of uncertainty. Without Kajel’s expertise, our client may have faced a much harsher outcome.
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