CPS Agree to Reduced Charges for client

Case study summary

Our client was charged with three offences including assault of an emergency worker and s5 public order. Using video evidence, we were able to show that excessive force was used by the police against our client and his charges were reduced as a result.

Case study

Our client was originally charged with possession of an offensive weapon, assault of an emergency worker and a section 5 public order offence. Before we had even spoken with our client, the prosecution offered him a deal to plead guilty to assault of an emergency worker and possession of an offensive weapon. However, our client knew exactly what happened during the incident and told us the reality of the situation.

While he accepted possessing a sock with a camera lens inside, our client was adamant that the response to his behavior from the police was brute and excessive. He described being 'taken down' and kicked in the head by an officer as another held him to the ground. In addition, he was pepper sprayed and taserd. A completely disproportionate response. Having reviewed the CCTV evidence, we knew the footage supported his account and told the prosecution to seriously reconsider their position as he would not be pleading guilty. As a result, the case was adjourned.

Four weeks later, our client returned to court. He was represented by a highly experienced barrister who was determined to resolve the case on the day without our client receiving a conviction for an assault he did not commit. Following rigorous negotiations with the prosecution, it was agreed that both the assault on an emergency worker and section 5 public order charges would be dropped if our client pleaded guilty to resisting a constable in execution of their duty. We advised our client this was a dramatic reduction in terms of severity and he agreed to the proposition.

To ensure our client was sentenced correctly, the video footage was played to the court to ensure everyone was aware of the excessive force. This was powerful mitigation alongside other personal circumstances we presented on his behalf. After our submissions, our client was given a 12-month community order and a small amount of costs.

As a result, he was able to leave court that day knowing he did not need to wait for a trial but most importantly he did not receive a criminal conviction for offences he had not committed. Our client was incredibly pleased and is now able to resume his normal life as an artist and a loving father.