BSQ Secures Discontinuance for Company Director in Crown Court Prosecution

A recent BSQ acquittal shows the advantages of instructing a criminal specialist on a privately funded basis with the resources and experience to aggressively challenge a wrongful prosecution even when the police offer a caution to divert the matter away from court.

BSQ’s Patrick O’Hanlon was privately retained to represent CH, a Company Director. CH had no previous criminal convictions. He was concerned to safeguard his reputation and avoid a criminal record for an allegation he vehemently denied.

CH voluntarily surrendered to the police after they issued an appeal on Facebook featuring his photograph, following an alleged assault on a female police officer. Subsequently, CH was charged with Assaulting an Emergency Worker, with body-worn footage from the officer serving as the primary evidence, supporting an allegation that CH had grabbed her around the waist.

During police interviews, CH consistently denied the accusation, asserting that any contact with the officer was accidental. Despite an offer from the police to avoid prosecution through accepting a caution, CH refused as he maintained his innocence.

A police caution is not a criminal conviction but a record of it will show up on a criminal record check. To be eligible for a caution an admission of guilt from the person accused is normally a prerequisite. CH was advised not to accept the offer of a caution as he denied the conduct alleged, a course of action he agreed with.

In rejecting the offer, CH was advised that he might face subsequent charges. He later appeared at the Magistrates Court and elected to proceed to a Crown Court trial. BSQ then presented detailed representations to the Crown Prosecution Service, highlighting weaknesses in the evidence that, in our view, rendered a conviction unlikely.  

The CPS have a continuing duty to review any decision to prosecute. In deciding to charge the CPS are obliged under the Code for Crown Prosecutors to satisfy themselves that there is a realistic prospect of conviction. BSQ frequently challenge decisions to prosecute in pre and post charge interventions.

Following further scrutiny by a reviewing lawyer, the CPS opted to discontinue the prosecution.

CH was represented throughout – at the police station and at court – by Patrick O’Hanlon who also prepared the representations that led to the discontinuance.

If you require a criminal defence lawyer in London, or you need advice and assistance in relation to a criminal investigation, please contact our London offices.