Client Charged with Assault - Caution Obtained

Case study summary

Our 17 years old client was charged with assault and malicious communications. Through our constant communications with the prosecution and Youth Justice Team, we persuaded them to resolve the assault charge with a caution and the malicious communications charge was dropped.

Case study

Our client first approached us for representation at his voluntary police interview regarding allegations of assault and malicious communications. It was alleged that he struck the complainant over the head repeatedly and, following this, sent him threatening message on social media. Our client denied sending any messages to the complainant using the account which the police said belonged to him, and instructed us that he was acting in self-defence when the alleged assault took place. Based on this, we advised that a prepared statement should be put forward to advance this account.

Following the police interview, our client was charged with both offences. We reviewed the papers and it became apparent that the evidence was against him. One of our expert solicitors represented our client at his first appearance hearing in the Magistrates' Court and persuaded the court to adjourn the matter to allow for an out-of-court disposal to be considered - this would be the best possiblt outcome in the circumstances. Following the court hearing, we kept in constant communication with the Crown Prosectuion Service and the Youth Justice Team to ensure they carefully considered the case and it did not fall through the cracks.

Eventually, a caution was offered to our client on the assault charge and, if accepted, the malicious communications charge would be dropped. We advised our client that accepting this would not amount to a criminal conviction and would allow him to avoid the lengthy court process. Following consideration of the law and the strength of the prosecution evidence, our client accepted the caution. This meant that our 17-year-old client could move on with his life and was committed to continuing to work on his anger management.