Success Stories

CPS persuaded to drop headbutt to police case

By David Bloom  |  10.01.2019

Our client, who is 21 years old and profoundly deaf, was accused of headbutting a uniformed police officer in an assault allegedly witnessed by two other police officers. We succeeded in persuading the CPS not to prosecute our client.

Our client was riding a moped in Bethnal Green when he was stopped by police officers. They said they were suspicious for a number of reasons: the way he was dressed (face covered), the way he was riding the moped (waiting at a junction), and the fact that the location was a robbery hot-spot.

The police stated that our client was agitated and aggressive when initially confronted, requiring officers to handcuff him and search him. Throughout this search, the officers stated that our client was violently shaking his head and during this melee an officer was headbutted. It was only much later at the police station that custody staff noted our client was deaf.

Our client explained to us at the station, with the assistance of a sign interpreter, and then to police in an interview, that the injury caused to the officer was accidental and was a result of his frustrated attempts to communicate when cuffed. He was, he explained, delivering Chinese food and paying close attention to the traffic when he was confronted by three officers for reasons he could not understand.

We were disappointed police charged our client given his fulsome explanation and the fact that he had no previous convictions. We made detailed written representations to the CPS which included medical evidence of our client’s disability and the injuries he sustained due to this altercation. We produced character reference our client’s employer. Our client attended our office and we arranged an interpreter to attend so we could prepare these comprehensive submissions in advance of the first magistrates’ court hearing.

It was disappointing that the CPS failed to review our extensive representations and evidence prior to the first court date but at court, our advocate was able to persuade the prosecution to give consideration to this case and matters were promptly discontinued without our client having to enter the courtroom.

This client was assisted by David Bloom, Jessica Peck and Lauren McGilvray.

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