Chris Stevens makes successful representations to the CPS to discontinue Affray prosecution
Chris Stevens • 7 April 2022
The CPS persuaded to drop Affray prosecution
Chris Stevens represented a young man who had been arrested in 2020 for an allegation of affray. He was only 15 years old at the time and following his interview was released under investigation.
It was only two years later and a few days after he turned 18 that Chris's client heard from the police that he had been charged with affray. At this stage he instructed CJS Defence to represent him.
Having considered the chronology, there was an argument that the conduct of the CPS amounted to an abuse of process. The CPS had effectively ignored their own guidance on prosecuting youths and the updated guidance implemented to take into consideration the impact of COVID-19. The latter made clear that despite the pandemic there should not be any delay in the prosecution of youths. Chris prepared detailed representations concerning the failures in respect of his client’s case and that the conduct of the CPS deprived his client of being dealt with as a youth. There was also an argument that there was no public interest in prosecuting the young man who had no previous convictions and had established a good career path and was no longer associated with negative influences.
Having considered the representations the CPS agreed to withdraw the prosecution. Our client was very pleased with the outcome and to be able to move on from the uncertainty of the last two years.
If you have been arrested or charged (or think that you may be a suspect), following the recent disturbances across England and Wales please contact CJS Defence Ltd for assistance. We have experience of dealing with such cases following the 'London 2011 Riots' where arrests and prosecutions took place in the immediate aftermath of large scale disturbances. Whether you are facing public order charges such as affray, rioting or threatening behaviour, assault against the person (common assault, ABH, GBH), racially aggravated offences, theft / burglary, communications offences or anything else connected to the current situation, CJS Defence Ltd has the experience to assist you. We know that facing such accusations may have a detrimental impact on your work and home life and here to provide fair representation. Please contact Chris on 077733 68713 or chris@cjsdefence.co.uk.
CJS Defence Ltd were instructed to represent a client who faced extradition to Poland to serve a prison sentence of 18 months for drug offences. The client had been convicted in his late teens and was in a difficult stage of his life. Following the conviction he fled Poland and made a new and successful life in the UK. Arguments under Article 8 of the European Convention on Human Rights were advanced on his behalf. While he did not have children, he had a long term partner and had a successful career. He was arguably fully rehabilitated from his previous life and had not been in any trouble since he arrived in the UK. CJS Defence Ltd presented detailed evidence about the impact that extradition would have on him and his partner. The case was finely balanced but the District Judge hearing the case at Westminster Magistrates Court agreed that on balance it would be disproportionate to extradite or client. The client was very happy with the outcome and was able to claim back some of his legal fees. The result also provides him with some bargaining power with the Polish Judicial Authority to find a solution that does not involve custody. If you are facing extradition proceedings please contact us now on 07773368713 to discuss your case further.
This was a shocking read. Not sure how the CPS deemed this case, a low end assault from 41 years ago, to be 'appropriate and proportionate' to justify extradition. Even though he was on bail in the US, Mr McGrath was remanded in custody when he arrived in the UK for 7 months at HMP Leeds. The cost of his detention alone pending trial was probably around £20k. This prosecution was a massive waste of taxpayers money and will rightly anger complainants and defendants waiting for justice in more recent cases. The full story can be read at https://www.bbc.co.uk/news/uk-64678781
In February 2023 CJS Defence Ltd were instructed by a client facing allegations of common assault by beating and criminal damage. The incident arose following a altercation about work that our client had not been paid for by his customer. Our client accepted that he had acted inappropriately given the circumstances and informed the police of this during his interview under caution. He was charged with common assault and criminal damage. Chris Stevens prepared detailed representations seeking consideration of a conditional caution. These representations were successful and the client received a conditional caution and avoided prosecution and a likely conviction. Our client was very pleased that he did not have to go through court proceedings and was happy to have the matter dealt with in this way. CJS Defence Ltd regularly take instruction on cases where an alternative outcome, that avoids prosecution, can be successfully argued. If you are at the early stages of a case and would like advice on whether there is an alternative outcome that can be reached in your case please get in touch on 07773368713 or email chris@cjsdefence.co.uk.
