Racially aggravated harassment receives caution
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Date posted: 03 Feb 2023
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Department
Criminal SolicitorsCase start date
04 Oct 2022
Significance
Minor
Case study summary
Our client approached us to represent her at a police station interview following an argument with a security guard in which she was racially abusive and assaulted the guard. We represented her at the interview and argued for her to receive a conditional caution.
Case study
Our client had been out drinking at an event when she had an altercation with security guards. During this altercation she used regrettable language towards staff and punched a security guard on the side of the head.
She was arrested, but released because police were unable to interview her at the time as no duty solicitors were available. She later instructed us to represent her at the interview. Our expert lawyer engaged with the officer in charge and, after learning about the case, advised the client on her options moving forwards.
Our client admitted guilt early and expressed remorse for her actions, which were entirely out of character. We advised that, to communicate this apology and remorse carefully to police, a prepared statement should be drafted. Our client agreed and, with her representative, drafted a prepared statement acknowledging how mortified she was by her actions and also admitting to the offences.
This statement was put to the investigating officer and they were persuaded to grant a conditional caution to the client as a result of the admissions made and the remorse shown by her.
She was therefore able to avoid a charge and move on with her life, putting this regrettable mistake behind her.

Robert Bailey
Alumni
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