Prosecution avoided following successful written representations
Chris Stevens • 20 March 2023
Alternative disposal for client accused of common assault and criminal damage
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.
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
It was widely reported this week that there has been an increase in the number of Football Banning Orders that have been issued in England and Wales. Within the period of 1 July 2022 to 31 December 2022 there were 343 banning orders imposed. This is an increase of 230% from the same period in 2021. https://www.theguardian.com/football/2023/jan/12/football-banning-orders-in-england-and-wales-up-230-per-cent-on-last-season https://www.dailymail.co.uk/sport/football/article-11627067/Football-banning-orders-England-Wales-gone-230-year.html There have been a proactive steps taken by the police and Crown Prosecution Service to bring these cases to court, particularly considering the backdrop of the violence seen in the England -v- Italy Euro's final at Wembley in 2021. However, it is not just at the big games that there have been problems and a rise in drug use and antisocial behaviour by fans at matches across the country has fuelled the need for positive impact. Whilst many of the cases may justify the imposition of an order, not all of them will and there are arguments that can be presented to avoid a ban being imposed. At CJS Defence Ltd we have had recent experience of successfully defending a fan against the imposition of a ban, even though he was seen on CCTV fighting with another fan inside the stadium. If you are facing court and the possibility of a Football Banning Order please contact Chris Stevens on 07773368713 or chris@cjsdefence.co.uk to see if it can be avoided.
