Client unfit to stand trial - Prosecution discontinued

Case study summary

Our client was accused of assaulting a police officer and failing to maintain contact with his probation officer.

We arranged for a report to be prepared that persuaded the prosecution to end their case after our client was found to be unfit to stand trial.

Case study

Our client was struggling with his mental health at the time he was alleged to have committed the offences.

Police had attended the address our client resided at after welfare concerns were raised by his doctor. On attending the address police chose to arrest our client because he had failed to maintain contact with his probation officer. While escorting him to a police van, our client was accused of assaulting one of the officers by headbutting him and pushing him into a bush.

He was charged with both offences. The case relating to assaulting a police officer was sent to Manchester Minshull Street Crown Court. The evidence our client was especially strong and the case was made more difficult by our client's previous convictions for assaulting police officers.

The case relating to failing to maintain effective contact with his probation worker remained at Manchester and Salford Magistrates' Court.

We had concerns for his fitness to enter pleas and stand trial. We arranged for an expert psychiatrist to speak with him and prepare a report assessing his mental health.

This report echoed our concerns that he was not able to stand trial at the time and we provided this report to the prosecution and court. Days later, the prosecution agreed to discontinue their case at the Crown Court.

Our client remained due to stand trial in relation to the Magistrates' Court case. We provided the court and probation service with the same report. The probation service failed to serve any evidence until the day of the trial. On the day we sent an expert advocate and were able to persuade the prosecution to discontinue the case.