Robust defence leads to successful outcome in caution case

We are pleased to report a successful outcome in a recent case where Miss Taylor’s client, who had initially been charged by the police, ultimately received a caution following her legal intervention.

The case involved a summary only offence in which the Officer in the Case had given a clear assurance, both prior to and during the interview, that the matter would be dealt with by way of a caution. This assurance gave rise to a legitimate expectation that the client would not face prosecution. Acting on this basis, the client made full admissions and submitted a prepared statement.

Despite this, the police proceeded to charge the client. Miss Taylor responded by submitting formal representations before the Magistrates’ Court, challenging the decision on the following grounds:

1. The police assurance of a caution created a legitimate expectation that was relied upon by the client and the subsequent charge amounted to a breach of procedural fairness.
2. The case was charged without being referred to the Crown Prosecution Service despite a formal request for independent prosecutorial review.
3. The decision to charge relied on aggravating factors that were neither supported by evidence nor recognised under the relevant sentencing guidelines, indicating a misapplication of legal principles.

Following Miss Taylor’s comprehensive written and oral submissions, the CPS reviewed the case and accepted her arguments. The charge was withdrawn, and the matter was resolved by way of a caution, as originally promised.

This outcome highlights the importance of procedural fairness and the need for the authorities to be held to the legal standards and assurances they provide. Carson Kaye remains committed to robust and principled advocacy in defence of our clients’ rights.