CPS decision to prosecute GBH dropped against our youth client after representations

Leah Connolly represents a client, RR, with vulnerabilities and successfully challenged the CPS decision to prosecute leading them to discontinue the case. 

RR was charged with Grievous Bodily Harm, following an accident at school, whereby a teacher was injured. Throughout the whole process, the young person accepted causing the injury, but denied doing so intentionally. The CPS brought their case on the basis his actions were reckless.

RR was an extremely vulnerable young person, with complex neurodevelopmental difficulties, an ADHD diagnosis, ASD traits and an extremely low IQ. Therefore, Leah instructed a child psychologist to assess RR in relation to his ability to effectively participate and also foresee risk (as is the legal test for recklessness). The psychologist concluded that RR with all his vulnerabilities would not have been able to engage in the Court process, nor would he have been able to foresee that his actions may have caused someone to be injured.

Leah also engaged with the school CAHMS clinician to obtain a background of not only RR but the specialist school that he attended, where the accident took place.

Leah wrote lengthy representations challenging not only the challenging the evidential burden of proof but also whether it was in the public interest to proceed.

Upon receipt of our representations, the CPS discontinued the case against RR. Leaving a vulnerable young person, very grateful and able to continue move forward.