Successful Representations Lead to Discontinuance of Case Involving Client with Mental Health Challenges

Our client was charged with threatening behaviour with intent to cause a person to believe that immediate unlawful violence against them would be used.

Our client has no previous conditions. He is diagnosed with bipolar disorder and had an episode at the time of the allegation. The complainant is known to our client and stated that he thought our client should receive mental health support rather than prosecution.

We obtained evidence showing that our client was unwell at the time of the offence and was sectioned 2 days later.

We wrote written representations for the CPS to discontinue the charge against our client as we did not accept that the men’s rea was made out and that it was not in the public interest.

Following the review of the case the CPS agreed with our submissions that it was not in the public interest to prosecute our client, so discontinued the charge.

Due to our representations, our client was able to receive the mental health treatment he needed and keep his good character record of no convictions.

Ellie Godwin acted in this case, with Daniel Cavaglieri supervising.