Summary
Senior Solicitor Kajel Doshi successfully argued an abuse of process argument for our youth client who was arrested for possession of a knife. Thanks to the strength of Lawtons’ legal guidance, the prosecution offered no evidence against our client and he was ultimately acquitted of the charge.
About the Case
Our client was sixteen at the time of his offending and is diagnosed with several mental health issues. The knife was never brandished and was always kept in his backpack. Our client offered the knife to the police as a means of deliberately seeking arrest, hoping to escape his turbulent home life.
At the police station, Trainee Solicitor Lauren Gilbert represented our client in interview and was assured by the officers that the offence would not result in prosecution. Lauren was advised that our client would instead be referred to the mental health team or the Child and Young People’s Service (CYP) for an out-of-court disposal, namely a caution. Our client’s father was given the same assurance by officers. Lauren therefore advised our client to make full admissions in interview.
Despite these reassurances, our client was later charged with the offence and faced prosecution and a conviction on his criminal record. We were informed that our client was too young for the matter to be deferred to the mental health services and CYP subsequently rejected the case due to a localised policy. The policy states that offenders aged 16 or 17 found to be in possession of a knife must be sent to court notwithstanding exceptional circumstances.
Abuse of Process
Due to the police reneging on their promise, Kajel formulated an abuse of process application. She argued that the case should be stayed, as our client’s admissions and the advice provided by our team were influenced by police assurances and that to prosecute this young man would not only undermine the integrity of the criminal justice system but negatively affect public confidence in policing.
An abuse of process argument is an extremely complex matter and is difficult to succeed in. It demands a thorough and convincing argument to persuade the court to stay proceedings.
Kajel did exactly that, drawing from case law to assert that prosecuting our client would be unjust and unfair.
Ultimately, Kajel argued that our client had a clear and legitimate expectation that he would not be prosecuted and that relying on a localised blanket policy not to caution our client is perverse and inconsistent. To prosecute our client, rather than diverting him away from this would therefore bring the administration of justice into disrepute.
Court
The case was before St Albans Magistrates Court, where Kajel adjourned the case to submit the written application alongside significant mitigation relating to our client’s complex mental health issues. Thanks to the strength and persuasiveness of this application, the prosecution put forward no evidence against our client and he was acquitted of the charge.
Our client and his family were extremely grateful to Kajel and Lauren for their continued support and for their diligence in securing this fantastic outcome:
“From the outset Lawtons have shown amazing professionalism in their pursuit of justice for my son. I can’t recommend them enough and if I ever needed legal counsel, I would not hesitate to call on them again.”
“Lauren and Kajel both worked really hard to challenge the system to get the right result.”
Contact Us
We understand that facing a criminal offence can be scary and confusing. You don’t have to go through it alone. If you or someone you know if facing a criminal charge and are in need of guidance, please contact our specialist team on 0333 577 0522 or visit our enquiries page.
