Lack of identification evidence leads to not guilty verdict
Nottingham crime solicitor Lauren Fisher represented her client at Nottingham Magistrates’ Court who was charged with assault. After she properly identified that the issue in the case was identification evidence, the prosecution did not manage to secure the evidence that her client was responsible in time for trial. Not guilty verdicts followed.
The allegation
A member of the public had seen two males being assaulted so went to their aid. Both males are drunk and in company with a female. One of the males then becomes aggressive and pushes the female before attempting to hit the person who had been helping them.
Although the male walks away with the female he is followed by the member of the public. He is then seen to kick the female and swing her around by her bag. He calls the police because of his concerns.
When the police arrive, no complaint is made by the female. Lauren’s client is in a group of three males by this time. He is spoken to by the police and taken home, but then received a notification that he had to attend court.
No identification evidence…
Lauren advises him on the statements received. There is not a statement from anybody identifying him as the person who either swung for the member of the public or kicked the female. He enters not guilty pleas. Lauren makes it clear on the case management form that identification will be the issue in the case.
…and still no identification evidence
Despite this, the prosecution serve no additional evidence until the morning of trial. This is in an additional statement from the eye witness stating that he had pointed out the male to the police. There was, however, no corresponding statement from the police officer confirming that if was Lauren’s client who was identified.
The prosecutor had to therefore make an application to adjourn the trial to try and put right this evidential problem. The was opposed by Lauren, bearing in mind the time the Crown had had to secure any evidence. The Magistrates’ decided that it was not in the interests of justice to grant the prosecution the adjournment. As a result the prosecution had no alternative but to offer no evidence. The charges were dismissed and Lauren’s client was found not guilty.
Contact a Nottingham Criminal Law Solicitor
Whether you face a police investigation or Magistrates’ or Crown Court proceedings you will wish to instruct a specialist criminal defence lawyer with an eye for detail who will fight your case. This can be particularly important in cases involving identification evidence. The identification might be by eye witnesses, from CCTV or from forensic evidence so the legal approach will be different in each case.
If you wish to instruct Lauren Fisher then please telephone her on 0115 9599550 or use the contact form below. Alternatively, you can find you nearest office here.
