Representations secure offer of no evidence for vulnerable adult charged with being concerned in the supply of Class A

Our client was charged with being concerned in the supply of Class A drugs.

Our client was said to have been observed by officers approaching a vehicle and making an “exchange,” before approaching a member of the public and making another “exchange.” When stopped, he appears to have had no drugs on him but £50 in cash. The vehicle, however, contained drugs and at least one of its occupants has been linked to a psilocybin grow house.

Representations were submitted on behalf of the defendant, arguing that neither the evidential nor public interest limbs of the Code for Crown Prosecutors were satisfied.

In relation to the evidential limb, it was highlighted that there was no realistic prospect of proving our client’s involvement in the supply of Class A drugs. The evidence relied upon consisted mainly of police witness statements and the £50 found on our client. We submitted that these statements were inconsistent, and £50 was not a significant amount of cash to be carrying.

Regarding public interest, it was submitted that the defendant’s culpability was at the lowest end of the spectrum. A psychologist’s report confirmed that he is an extremely vulnerable individual, further reducing his level of culpability. We also submitted that the delay in the proceedings was unacceptable, given that the alleged offence was in 2022.

Following these representations, the Crown decided to discontinue proceedings. Given that the starting point for this offence is three years’ imprisonment, our client was incredibly relieved to avoid both imprisonment and a conviction on his record.

Phoebe Coleman acted as the solicitor with conduct of this case.