Charging decision reversed against Client charged with possession of a bladed article and community resolution given instead

Lily Nutbrown a solicitor in our criminal defence team, was recently instructed by a Client who had been charged with 1 count of Possession of a Bladed Article in a Public Place contrary to Section 139 Criminal Justice Act 1988 and was due to appear in Court to face this charge.

Background:

The client was stopped at Gatwick Airport security after a locking knife was found attached to his key ring. The knife was seized, and when questioned, the client accepted that it belonged to him, but explained that bringing it to the airport was accidental and that he had no malicious intent. He was subsequently charged with the offence.

Our Approach:

Prior to the first hearing in the Magistrates’ Court, the Crown Prosecution Service (CPS) will serve a case bundle, including witness statements and supporting evidence. We undertake a detailed review of these papers, including assessing whether the charging decision is appropriate or whether an out-of-court disposal would have been be more suitable.

To qualify for an out-of-court disposal (avoiding a conviction), a suspect must make full and frank admissions during interview. Lily Nutbrown identified that the client had done so, this was his first offence, and the knife in question was a small locking knife. These factors made the matter appropriate for an out-of-court disposal.

Representations were therefore made to the CPS, requesting that the case be dealt with by way of an out-of-court disposal.

Outcome:

The CPS agreed and referred the case back to the police, where the client was issued with a community resolution. Importantly, this meant that no caution or conviction was recorded against him, avoiding what could have had a serious impact on his career.