Abuse of process to prosecute after community resolution offered
At the time of the incident in May 2018, our client had accepted a community resolution in relation to the allegation. As part of this, the police confirmed that he would not be prosecuted for the offence, yet over a year later he received a postal requisition charging him with ABH.
Our client was charged with assault occasioning actual bodily harm. It was alleged that he had assaulted a decorator working at his home address. Having been offered a community resolution he was promised he would not be prosecuted, but then found himself before the court for the same matter.
At Wood Green Crown Court we applied to stay the prosecution as an abuse of process, arguing that it was fundamentally unfair to charge our client after he had performed the requirements of the community resolution and had been told that he would not be prosecuted. After hearing evidence from both the alleged victim and the officer in the case about how the case had been investigated and how the community resolution process had been implemented, the Judge ruled in favour of the application and stayed the proceedings.
David Kitson was the advocate and Rachel Hobba was the solicitor.