Prosecution not in public interest argues Ilkeston legal aid solicitor
Ilkeston legal aid solicitor Chris Evans successfully persuaded the prosecution that it would not be in the public interest to prosecute his client for an allegation of common assault.
Was the prosecution in the public interest?
In order to bring a prosecution two tests must be satisfied. The first is the evidential test. The second is the public interest test.
In Chris’s case, the evidential test was met. His client was at a party and following an argument she had assaulted her boyfriend. The assault was captured by police bodycam footage. She had also been interviewed without the benefit of free legal representation in the police station.
Admissions to the assault had been made in that interview, although she had gone on to say that her boyfriend had tried to prevent her leaving the party
Prosecution persuaded to withdraw the charge
Despite these admissions, Chris believed it was worth speaking with the prosecution about whether his client should be prosecuted. He argued that the following points were relevant to the public interest:
- there was an element of provocation. Her boyfriend had engaged in a sex act with the hostess of the party in a hot tub.
- this led to the altercation which was captured on the bodycam footage
- none of the witnesses in the case, including the boyfriend, wanted to take matters further
- her admissions were qualified as she had said that her boyfriend was unlawfully preventing her from leaving the party
- she was young, of good character, and a conviction or caution would have harmed her career prospects.
Contact an Ilkeston legal aid solicitor
VHS Fletchers is the only firm offering criminal legal aid in Ilkeston. We provide free advice and representation under the legal aid scheme at both Derby St Mary’s Wharf and the Nottingham Bridewell police stations. Our lawyers also provide representation across the East Midlands and nationwide.
Should you face proceedings before the Magistrates’ or Crown Court we will provide you with full advice about how best to fund your case. This will include assistance in completing a legal aid application where appropriate.
If you wish to instruct Chris Evans or one of our other lawyers at our Ilkeston office then please telephone 0115 9441233 or use the form below.