Bad Character Evidence Ignored by Mansfield Magistrates
Mansfield crime solicitor Tim Haines secured another not guilty verdict for a client before Mansfield Magistrates’ Court despite agreed bad character evidence.
His client faced an allegation of going equipped to steal. He was stopped by the police walking home with a bag of tools. He was also in possession of a mini motor bike that did not work.
The police chose to arrest him. A radio check on our client’s record revealed convictions for dishonesty and going equipped offences.
Tim’s client had a defence that he was advised to provide in interview. He maintained that he had put his offending behind him. Instead he had been at a friend’s house trying to mend the mini motorbike. He was on his way home when stopped by the police.
The police office went to the trouble of producing a map of the route taken. This was intended to show that our client was not taking direct route. A statement had also been taken from a witness purporting to be an expert. The statement contained details of what crimes the tools could have been used for.
A clear trial strategy
Tim used his substantial experience as a trial advocate to decide a trial strategy. He was able to agree the prosecution evidence but comments that were simply opinion were removed by agreement. As a result, the Magistrates’ did not have the opportunity to hear ‘live’ evidence from a police officer.
Bad character evidence neutralised
The prosecution had also served an application to have bad character evidence before the Magistrates. Again, Tim’s experience meant that he accepted that there was no realistic challenge to this application. Instead, he planned how his client’s record could be used to his advantage.
Tim’s analysis of the record meant that he could point out to the Magistrates that his client had always pleaded guilty to crimes he had committed. He took any potential sting out of the prosecution cross examination of his client by having his client give evidence about his character at the outset. His client was then able to explain his past.
Strong closing speech
Tim was able to make a strong closing speech on behalf of his client because of his clear trial strategy. The Magistrates, in their reasons for find Tim’s client not guilty, mentioned that they had not relied upon the bad character evidence.
Tim’s client was naturally delighted by the outcome in the case.
Contact a Mansfield Criminal Defence Solicitor
Whether you face investigation by the police, or court proceedings, then you will want to instruct Tim Haines. He can be contacted on 01623 675816. Alternatively you can used the contact form below.
