Criminal Department Successes

Article date: 07.09.11

Proceedings halted due to Ill Health

The Criminal Department recently acted for a client who was facing prosecution however was very unwell and unable to attend Court. A successful application was made to the Court to have the proceedings halted on the grounds that the client was too unwell to participate in the proceedings.

Loss of evidence renders Prosecution unfair

The Criminal Department were instructed by a client who faced Prosecution where the only independent evidence being that of video footage had been lost or destroyed. The Police had been aware form the outset of their investigation that video footage of the alleged incident existed however they failed to take any action to ensure the preservation of this and ultimately it was lost or destroyed. An application was made to the Court that the case should not proceed as the client had been caused unfairness as a result of the footage no longer being available and the Court ruled in the clients favour. The Court found the actions of the Police had been such that as a result of the loos of the evidence the client could not have a fair trial and the case could not proceed.

The Criminal Defence team at Aldridge Brownlee advise and represent clients on all matters of criminal prosecutions from road traffic offences to the most serious and complex of cases from the time of arrest at the Police Station through to the conclusion of the case. Our experienced advocates are all members of the local Duty Solicitor Schemes. Aldridge Brownlee holds a Criminal Defence Service contract meaning we can undertake legal aid work as well as offering competitive private fee rates. For more information or to discuss a case please contact Mark Proctor on 01202 294411 or email mark.proctor@aldridge-brownlee.co.uk.