Paramedics reported observing an offence to Police, resulting in our client being arrested. The man in his 50s, of previous good character with diagnoses of autism spectrum disorder and ADHD, explained that he was simply urinating discretely. Representations were made to the CPS prior to the first appearance in the Magistrates Court on the basis that the evidence was insufficient for a finding of guilt because there was no evidence the defendant intended anyone to observe him, nor was there any evidence he intended for anyone to be caused alarm or distress. There was no evidence that anyone was actually alarmed or distressed. The response was that the Crown were proceeding to prosecute this matter. Further representations were made prior to PTPH, and Prosecution counsel confirmed that they had seen the representations and proposed to advise the reviewing lawyer that there was no realistic prospect of conviction in this case. A decision was made to discontinue the case after 5pm the evening before the PTPH, meaning the client was still required to attend Court. The Judge at Reading Crown Court queried why the decision was not made earlier and made a defence costs order for the defendant to recoup his expenses.
The client was extremely grateful for the advice and support, including successfully applying to remove his bail conditions that had been imposed.
Commenting “I’d like to thank Elizabeth Garcia at Freemans. When discussing the case, she always understood right away what I meant and seemed to know at every turn what the best course of action was. Super approachable and supportive but just as focused and intelligent. Seems like a rare combo in any person.
I noticed over time that whenever there was a new e-mail alert and it was from her, my reaction wasn’t “oh no, what now” but more like, “here comes clarity again”” and also stated the service was “5 star”.
Assisted by and grateful to both Evie Snow and Libby Anderson of Crucible Chambers.