Sean Reilly, Eleanor Stromberg, and Lilian Purchase, instructing James Reilly (solicitor-advocate), are delighted to share an excellent result for our client, who was charged with one count of having with her, a bladed article in a public place, contrary to Section 139 Criminal Justice Act 1988. The prosecution alleged that the client had knowingly carried a lock knife with her through the X-ray machine at Gatwick Airport. The client accepted the knife was in her bag, but vehemently denied ‘knowingly’ having it with her.
Ahead of the first appearance, the team drafted written representations to the CPS, contending that the Full Code Test was not met. Firstly, it was argued that there were significant evidential weaknesses in the prosecution’s case, including substantial reliance on inadmissible second hand hearsay. Secondly, there was a strong public interest argument that the prosecution was not in the interests of justice: the client has no previous convictions, is a well-esteemed medical professional, and a devoted mother of two young children. These written representations were ignored by the reviewing lawyer, and the case proceeded to its first appearance at Crawley Magistrates Court. At this hearing, a six week adjournment was sought to allow the CPS to properly review the case, as it was clear that this had not been done. At the second appearance, the client was advised to elect a Crown Court trial.
Immediately following the second appearance, the team served an application to dismiss, making the core submission that, in line with the test in R v Galbraith, the evidence was so weak and tenuous that no jury, even properly directed, could convict on it. Upon reading these submissions, the prosecution filed a notice of discontinuance seconds before the PTPH at Lewes Crown Court. At the hearing, the Judge ordered that the client be released from the dock immediately, apologising wholeheartedly on behalf of the CPS and the criminal justice system more widely. Sean Reilly and his team now seek a wasted costs order.