Breach of Trust Theft Dropped After Abuse of Process Argument 2024
We work to get our clients' cases dropped before court hearings by making written representations to the CPS/Police.
Our client, a medical professional, was arrested for theft after allegedly taking an item from a service user’s home whilst conducting an appointment. This act was captured on a surveillance camera fitted inside the service user’s home. Our client declined access to a solicitor at the Police Station but, whilst on bail, realised it was in his best interests to seek legal advice, so contacted J D Spicer Zeb to represent him moving forward on an enhanced private basis. We took the client’s statement and subsequently attended the Police Station and reviewed the CCTV footage. At this point our client strenuously denied the allegation. However, based on what the CCTV footage captured, our client was charged. Due to our advice as to the strength of the prosecution evidence, our client then admitted the offence and we were instructed to serve written representations on the CPS in an attempt to get our client’s case disposed of by way of a caution.
Upon review of our written representations, prior to our client’s first appearance at Court, the CPS informed us that they had reconsidered the case and concluded that our client was in fact suitable for an out-of-court disposal and that, thereby, a prosecution would not be pursued. The Officer in the Case also agreed to the issuing of a caution. However, the day before our client’s first appearance at Court and without informing our client, the CPS retracted their assurance of a caution and decided to proceed with prosecution. The CPS communicated to the Court that the offer of a caution was given in error, and, fortunately for our client, we kept a close eye on the online case system which allowed us to see such correspondence before the hearing. We, therefore, were able to strategise the evening before, and subsequently attend the hearing where we gave notice of our intention to make an application to the Court to stay proceedings due to an Abuse of Process. An abuse of process hearing was listed, and the matter was adjourned.
Our client was not in a position to fund any further work. Still, we felt that allowing the CPS to renege on their promise of a caution fundamentally offended the principle of justice to such an extent that we were unwilling to stop the case at this point. As such, we agreed to continue representing our client pro bono to ensure that he received the outcome that justice required.
Our application was based on the principle established in R v Maxwell, where it was confirmed that the Court has the power to stay proceedings in situations where it offends the Court’s sense of justice and propriety to be asked to try the accused in the particular circumstances of the case. In particular, we relied on the Court of Appeal case of R v Hamza, which ruled that it may be an abuse of process to proceed with a prosecution where (i) there has been an unequivocal representation by those with the conduct of the investigation or prosecution of a case that the Defendant will not be prosecuted; and (ii) the Defendant has acted on that representation to his detriment. We sought to show how the CPS had contravened both the Code for Crown Prosecutors and the Criminal Procedure Rules, and emphasised the public interest in upholding assurances provided by government officials.
One of our experienced prospective barrister Paralegals, Maeve Carroll, supervised by Senior Partner Umar Zeb, prepared a skeleton argument, which we served in advance of the court's deadline. However, in contravention of the court's directions, the CPS failed to respond to the skeleton argument despite our numerous attempts to obtain a response.
At the abuse of process hearing, the CPS stated that they had reviewed the case and had decided to offer our client an out-of-court disposal rather than contest our application. As such, no oral abuse of process argument was made, and the matter was instead adjourned for the Police to as administer our client with a caution.
However, before the Police issued our client with a caution, the CPS proceeded to drop all charges against our client by serving a notice of discontinuance. As a result, our client has neither been prosecuted nor cautioned for the offence in question. After months of our client being anxious over his future and losing faith in the justice system, we are incredibly pleased that we could secure such a favourable outcome.